Central District of California • 5:26-cv-03496
Unaka Sylvester v. Department of Homeland Security
Completed
Case Information
Filed: June 23, 2026
Assigned to:
Serena R. Murillo
Referred to:
Karen E. Scott
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: September 16, 2026
Last Activity:
September 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 23, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Serena R. Murillo and referred to Magistrate Judge Karen E. Scott.(Filing fee $ 5 FEE DUE), filed by Petitioner Unaka Sylvester. (car) (Entered: 06/24/2026)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#2
Jun 23, 2026
NOTICE OF MOTION MEMORANDUM OF LAW IN SUPPORT OF TEMPORARY RESTRAINING ORDER filed by Petitioner Unaka Sylvester. (car) (Entered: 06/24/2026)
Main Document:
Temporary Restraining Order
#3
Jun 24, 2026
Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111). Upon submission of your petition for writ of habeas corpus, it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the Request to Proceed Without Prepayment of Filing Fees with Declaration in Support form (CV-60P) attached. You may return your fee waiver and/or payment to any of the Courthouses listed on this notice. If you do not respond within THIRTY DAYS from the date below, your action may be dismissed. Re: Petition for Writ of Habeas Corpus (2241) 1 (car) (Entered: 06/24/2026)
Main Document:
Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111)
#4
Jun 24, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Serena R. Murillo and referred to Magistrate Judge Karen E. Scott, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 06/24/2026)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#5
Jun 24, 2026
Notice of General Order 26-05 and Briefing Schedule. (car) (Entered: 06/24/2026)
Main Document:
Notice (Scheduling Order 2241) - optional html form
#6
Jun 24, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (car) (Entered: 06/24/2026)
Main Document:
Notice of Resources for ProSe Litigants (CV-134) - optional html form
#7
Jun 25, 2026
STANDING ORDER FOR 2241 IMMIGRATION PETITIONS by Magistrate Judge Karen E. Scott. (jdo) (Entered: 06/25/2026)
Main Document:
Initial Order upon Filing of Complaint - form only
#8
Jun 25, 2026
ORDER PRESERVING THIS COURT'S JURISDICTION OVER PETITIONER'S HABEAS PETITION AND SETTING BRIEFING SCHEDULE ON EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER 1 2 by Judge Serena R. Murillo. The Court ORDERS the following: 1. To preserve this Court's jurisdiction pending a ruling in this matter, Petitioner must not be removed to a location outside the jurisdictional boundaries of the United States District Court for the Central District of California during the pendency of this action unless and until the Court orders otherwise. Further, to ensure Petitioner has adequate access to legal counsel pending a ruling on the petition, Petitioner must not be transferred except to a facility within the Central District of California, absent further order from this Court. 2. Respondents must file either an opposition or notice of non-opposition to the ex parte application on or before June 27, 2026. 3. Petitioner may file a reply on or before July 1, 2026. 4. Unless the court orders otherwise, Petitioner's ex parte application will be deemed submitted, without oral argument, on either (a) the day the opposition is filed, or due and not filed; or (b) the day any reply to the opposition is filed, or due and not filed. The Court may order further briefing or other proceedings, at any time, as appropriate. (lom) Modified on 6/25/2026 (lom). (Entered: 06/25/2026)
Main Document:
Order
#9
Jun 26, 2026
(Attorney Alfredo Jose Bonilla added to party Department of Homeland Security(pty:res), Attorney Alfredo Jose Bonilla added to party Immigration and Customs Enforcement(pty:res), Attorney Alfredo Jose Bonilla added to party Warden of Adelanto Facility(pty:res))(Bonilla, Alfredo) (Entered: 06/26/2026)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#10
Jun 26, 2026
OPPOSITION re: NOTICE OF MOTION AND MOTION for Temporary Restraining Order 2 AND ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS filed by Respondents Department of Homeland Security, Immigration and Customs Enforcement, Warden of Adelanto Facility. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Conviction Records, # 3 Exhibit Notice to Appear, # 4 Exhibit Next Immigration Court Hearing Notice, # 5 Exhibit § 1226(a) Bond Decision)(Bonilla, Alfredo) (Entered: 06/26/2026)
Main Document:
Objection/Opposition (Motion related)
#11
Jun 29, 2026
PROOF OF SERVICE filed by Respondents Department of Homeland Security, Immigration and Customs Enforcement, Warden of Adelanto Facility, re Objection/Opposition (Motion related), 10 served on June 29, 2026. (Bonilla, Alfredo) (Entered: 06/29/2026)
Main Document:
Proof of Service (subsequent documents)
#12
Jul 06, 2026
REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support, REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Petitioner Unaka Sylvester. (san) (Entered: 07/07/2026)
Main Document:
Proceed In Forma Pauperis with Declaration in Support (CV-60) AND Proceed Without Prepayment of Filing Fees (CV-60P)
#13
Jul 08, 2026
ORDER by Magistrate Judge Karen E. Scott granting 12 REQUEST for Leave to Proceed without Prepayment of Filing Fee (CV-60). (san) (Entered: 07/08/2026)
Main Document:
Proceed In Forma Pauperis with Declaration in Support (CV-60) AND Proceed without Prepayment of Filing Fees (CV 60P)
#14
Aug 14, 2026
ORDER DENYING MOTION FOR A TEMPORARY RESTRAINING ORDER 2 by Judge Serena R. Murillo. In light of the expedited briefing schedule on the underlyinghabeas petition, and because the habeas petition is fully briefed, it is unlikely that Petitioner is likely to suffer irreparable harm in the absence of a preliminary injunction. Accordingly, the ex parte application is DENIED. Proceedings on the merits of underlying habeas petition will continue before the Magistrate Judge. (lom) (Entered: 08/14/2026)
Main Document:
Temporary Restraining Order
#15
Aug 17, 2026
(IN CHAMBERS): Order Referring Case to the Federal Public Defender to Consider Appointment of Counsel by Magistrate Judge Karen E. Scott. The Court REFERS this case to the FPD for consideration of appointment of counsel for Petitioner. The FPD is ORDERED to file a response within seven (7) days of this order issuing, indicating whether the FPD will represent Petitioner in this matter, decline representation in this matter, or recommend appointment of CJA counsel. This obligation shall be satisfied if the FPD files a notice of appearance in this case. [See Order for further information.] (san) (Entered: 08/18/2026)
Main Document:
Minutes of In Chambers Order/Directive - no proceeding held
#16
Aug 24, 2026
NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Jennifer Stone on behalf of Petitioner Unaka Sylvester. Filed by Petitioner Unaka Sylvester. (Attorney Jennifer Stone added to party Unaka Sylvester(pty:pet))(Stone, Jennifer) (Entered: 08/24/2026)
Main Document:
Attorney Appearance or Reassignment for the Federal Public Defenders Office
#17
Aug 25, 2026
TEXT ONLY (IN CHAMBERS) ORDER by Magistrate Judge Karen E. Scott: In light of the FPD's appearance on Petitioner's behalf, Petitioner's deadline to file a Reply is extended to 9/1/26. Alternatively, Petitioner's counsel may move for leave to amend the Petition. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aro) TEXT ONLY ENTRY (Entered: 08/25/2026)
Aug 25, 2026
Generic Text Only Entry
#18
Sep 01, 2026
NOTICE OF MOTION AND MOTION to AMEND filed by Petitioner Unaka Sylvester. (Attachments: # 1 Amended Petition for a Writ of Habeas Corpus, # 2 Proposed Order) (Stone, Jennifer) (Entered: 09/01/2026)
Main Document:
Amend/Correct
#19
Sep 02, 2026
(IN CHAMBERS): Order Granting Motion for Leave to Amend (Dkt. 18) and Setting Briefing Schedule for First Amended Petition by Magistrate Judge Karen E. Scott. IT IS HEREBY ORDERED that: 1. Petitioner's motion for leave to amend (Dkt. 18) is granted. Pursuant to Central District Local Rule 15-1, Petitioner is instructed to promptly file his First Amended Petition as a separate document. [See Order for further information.] (san) (Entered: 09/03/2026)
Main Document:
Amend/Correct
#20
Sep 03, 2026
AMENDED PETITION FOR WRIT OF HABEAS CORPUS filed by Petitioner Unaka Sylvester (Stone, Jennifer) (Entered: 09/03/2026)
Main Document:
Miscellaneous Document
#21
Sep 11, 2026
REPORT AND RECOMMENDATION issued by Magistrate Judge Karen E. Scott. Re Petition for Writ of Habeas Corpus (2241) 1 . Because this R&R recommends granting Petitioner's release from custody, Petitioner will be irrevocably prejudiced by any unnecessary delay. Accordingly, any party wishing to file objections to this R&R must do so on or before September 15, 2026. (jdo) (Entered: 09/11/2026)
Main Document:
Report and Recommendation (Issued)
#24
Sep 14, 2026
Request for Respondents Response filed by Plaintiff Unaka Sylvester. (san) (Entered: 09/16/2026)
Main Document:
Order
#25
Sep 14, 2026
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Unaka Sylvester. (san) (Entered: 09/16/2026)
Main Document:
Consent to Proceed before US Magistrate Judge - NON-FINAL
#22
Sep 16, 2026
ORDER ACCEPTING REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE by Judge Serena R. Murillo, 21 . IT IS THEREFORE ORDERED that: 1. Judgment shall be entered granting Grounds 1 and 2 of the First Amended Petition and dismissing Grounds 3 and 4 as moot. 2. Respondents shall immediately release Unaka Sylvester (A# 216-011-046) from custody. 3. If Respondents have not released Petitioner within three days of the date of this order, Petitioner may file a request for an order to show cause re contempt. 4. Respondents shall not re-detain Petitioner without providing Petitioner a pre-detention hearing before a neutral decisionmaker where Respondents bear the burden of demonstrating by clear and convincing evidence that (a) Petitioner is a flight risk or a danger such that Petitioner's physical custody is required, or (b) on account of changed circumstances, there is a significant likelihood that Petitioner may be removed in the reasonably foreseeable future. [SEE ORDER FOR FURTHER INFORMATION.] (san) (Entered: 09/16/2026)
Main Document:
Release Order re Immigration 2241
#23
Sep 16, 2026
JUDGMENT by Judge Serena R. Murillo, 22 . Pursuant to the Court's Order Accepting Report and Recommendation of U.S. Magistrate Judge, IT IS ADJUDGED that Grounds 1 and 2 of the First Amended Petition are granted, and Grounds 3 and 4 are dismissed as moot. (MD JS-6, Case Terminated). (san) (Entered: 09/16/2026)
#26
Sep 17, 2026
ORDER by Magistrate Judge Karen E. Scott: Petitioner's motion (Dkt. 24 ) is denied as moot in light of the Court's order granting the First Amended Petition (Dkt. 22). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jdo) (Entered: 09/17/2026)
Sep 17, 2026
For Order
Parties
Department of Homeland Security
Party
Unaka Sylvester
Party