Eastern District of California • 1:26-cv-04155

(HC) Sarmiento Villavicencio v. Wofford

Completed

Case Information

Filed: May 30, 2026
Assigned to: Troy Lynne Nunley
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 19, 2026
Last Activity: August 26, 2026
Parties: View All Parties →

Docket Entries

May 29, 2026
RECEIPT number ACAEDC-13392544 for $5.00 from Francisco J. Aldana. (Deputy Clerk SSA)
#1
Jun 01, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Edilberto Freddy Sarmiento Villavicencio. (Attachments: # 1 Civil Cover Sheet)(Aldana, Francisco) (Entered: 06/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Edilberto Freddy Sarmiento Villavicencio. (Aldana, Francisco) (Entered: 06/01/2026)
Main Document: Temporary Restraining Order
#3
Jun 01, 2026
CLERK'S NOTICE to Attorney Francisco Aldana RE Civil Cover Sheet: Your Civil Cover Sheet is not formatted properly, please flatten your PDF and re-file a properly formatted PDF. For information on how toflatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contactthe CM/ECF help desk at 866-884-5444. (Deputy Clerk SSA) (Entered: 06/01/2026)
#4
Jun 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 06/01/2026)
Main Document: Immigration New Case Documents
#5
Jun 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Markwayne Mullin,Camilo Rodriguez, GOVT for M. Wofford (Rodriguez, Camilo) (Entered: 06/01/2026)
Main Document: DESIGNATION
#6
Jun 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 6/2/2026: The Court is in receipt of Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents shall file a response to the Motion for TRO by June 4, 2026. Any opposition must include Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Pending the Court's ruling on this Petition, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (Text Only Entry) (Deputy Clerk JRW) (Entered: 06/02/2026)
Jun 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Jun 04, 2026
OPPOSITION to 2 Motion for Temporary Restraining Order; RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus by Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rodriguez, Camilo) Modified on 6/5/2026 (KLY). (Entered: 06/04/2026)
Main Document: OPPOSITION
#8
Jun 05, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 6/5/2026: The Court is in receipt of Respondents' Opposition ("Opposition"). (ECF No. 7 .) Petitioner is ordered to file a reply to the Opposition by 6/10/2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/05/2026)
#9
Jun 05, 2026
REPLY to 7 Opposition to Motion for Temporary Restraining Order by Edilberto Freddy Sarmiento Villavicencio. (Aldana, Francisco) Modified on 6/10/2026 (KS). (Entered: 06/05/2026)
Main Document: Reply to Response to Motion
Jun 05, 2026
Minute Order
#10
Aug 19, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 8/17/2026 GRANTING IN PART Petitioner's 1 Petition for Writ of Habeas Corpus and DENYING Petitioner's 2 Motion for TRO as moot. Respondents are ENJOINED and RESTRAINED from continuing to detain Petitioner for more than 7 days from the date of this Order (unless Petitioner seeks additional time to prepare) without a bond hearing before a neutral fact-finder at which Respondents bear the burden to justify Petitioner's detention by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. The factfinder must consider alternative conditions of release and Petitioner's financial circumstances in setting bond. At any such hearing, Petitioner shall be allowed to have counsel present. If Petitioner is not found to be a danger to society or flight risk, Respondents must immediately release Petitioner. Respondents may impose any restrictions or conditions determined to be necessary by the neutral factfinder at the hearing. Within 2 court days from the date of the bond hearing, Respondents must file a notice of compliance with this Court's Order and identify Petitioner's custody status and the outcome of any hearing. If Petitioner is released, Respondents are further ENJOINED from re-detaining Petitioner absent material changed circumstances and compliance with constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where Respondents show by clear and convincing evidence (a) a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. See Zadvydas, 533 U.S. at 690; Hernandez, 872 F.3d at 990. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of the Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED. (Deputy Clerk KLY) (Entered: 08/19/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#11
Aug 19, 2026
JUDGMENT dated *8/19/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/17/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 08/19/2026)
Main Document: Judgment
#12
Aug 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Respondents, attorney Camilo Rodriguez, GOVT terminated. (Harman, Joseph) Modified on 8/28/2026 (HAH). (Entered: 08/26/2026)
Main Document: DESIGNATION
#13
Aug 26, 2026
NOTICE OF COMPLIANCE by Markwayne Mullin, M. Wofford. (Attachments: # 1 Exhibit IJ Order Denying Bond)(Harman, Joseph) (Entered: 08/26/2026)
Main Document: Notice of Compliance

Parties

(HC) Sarmiento Villavicencio
Party
Wofford
Party