Eastern District of California • 1:26-cv-04800

(HC) Tavaraz v. Warden, Central Valley Annex

Completed

Case Information

Filed: June 23, 2026
Assigned to: Troy Lynne Nunley
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 06, 2026
Last Activity: August 31, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 23, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Rafael Antonio Tavaraz. (Deputy Clerk AKP) (Entered: 06/24/2026)
Main Document: Petition for Writ of Habeas Corpus
Jun 23, 2026
RECEIPT number 100008563 for $5.00 for Rafeal Antonio Tavarez. (Deputy Clerk AKP)
#2
Jun 24, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/24/2026)
Main Document: Immigration New Case Documents
#3
Jun 24, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 24, 2026: The matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, 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 MDK) (Entered: 06/24/2026)
#4
Jun 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden, Central Valley Annex (Rodriguez, Camilo) (Entered: 06/24/2026)
Main Document: DESIGNATION
Jun 24, 2026
SERVICE BY MAIL: 3 Minute Order served on Rafael Antonio Tavaraz. (Deputy Clerk MDK)
Jun 24, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Rafael Antonio Tavaraz. (Deputy Clerk AKP)
Jun 24, 2026
Minute Order
Jun 24, 2026
Service by Mail
#5
Jun 25, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/25/2026 DIRECTING Respondents to file a response to the petition within 14 days and shall include with the response any and all transcripts or other documents relevant to the determination of the issues presented in the habeas application; and Petitioner may optionally file a reply within 14 days after service of respondent's response. (Deputy Clerk RRB) (Entered: 06/25/2026)
Main Document: 06 - HC/Order Requiring Respondent to File a Response
Jun 25, 2026
SERVICE BY MAIL: 5 Order served on Rafael Antonio Tavaraz. (Deputy Clerk RRB)
Jun 25, 2026
Service by Mail
#6
Jul 08, 2026
RESPONSE by Warden, Central Valley Annex to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rodriguez, Camilo) (Entered: 07/08/2026)
Main Document: RESPONSE
#7
Jul 10, 2026
NOTICE of CHANGE of ADDRESS to Central Valley Annex, 254 Taylor Avenue, McFarland, CA 93250 by Rafael Antonio Tavaraz. (Deputy Clerk AKP) (Entered: 07/13/2026)
Main Document: Notice of Change of Address
#8
Jul 20, 2026
DECLARATION of Rafael Antonio Tavaraz. (Deputy Clerk VLK) (Entered: 07/21/2026)
Main Document: DECLARATION
#9
Jul 27, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/27/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted and respondents be ordered to provide petitioner a bond hearing before an Immigration Judge, within 14 days of adoption of these Findings and Recommendations, at which government bears the burden of showing by clear and convincing evidence that petitioner is either a flight risk or danger to the community to justify his continued detention and that the Clerk of the Court be directed to enter judgment for Petitioner and close this case. Referred to Judge Troy L. Nunley. Objections to these Findings and Recommendations are due within 7 days after being served with these Findings and Recommendations. (Deputy Clerk OML) (Entered: 07/27/2026)
Main Document: Findings and Recommendations
Jul 27, 2026
SERVICE BY MAIL: 9 Findings and Recommendations served on Rafael Antonio Tavaraz. (Deputy Clerk OML)
Jul 27, 2026
Service by Mail
#10
Aug 06, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 8/5/2026 ADOPTING 9 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas. Respondents are ENJOINED and RESTRAINED from continuing to detain Petitioner Rafael Antonio Tavaraz 037-051-217 for more than 7 days from this order without a bond hearing before a neutral factfinder at which the government bears the burden to justify Petitioner's detention through a showing that Petitioner poses a danger to the community or a flight risk by clear and convincing evidence. If Petitioner is not found to be a danger to society or a flight risk, Respondents must IMMEDIATELY RELEASE Petitioner. Within 5 days from the bond hearing, Respondents are DIRECTED to file a status report confirming that the hearing occurred, the date of the hearing, and the outcome of the hearing. If Petitioner is released, Respondents are further ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(c), absent compliance with constitutional protections, including a minimum of 7 days' notice and a pre-deprivation hearing before a neutral factfinder where the government bears the burden to show by clear and convincing evidence that material changed circumstances demonstrate the government's interest in protecting the public and/or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. The court is DIRECTED to enter judgment for petitioner and close this case. CASE CLOSED. (Deputy Clerk AMW) (Entered: 08/06/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#11
Aug 06, 2026
JUDGMENT dated *8/6/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/5/2026 in favor of Petitioner. (Deputy Clerk AMW) (Entered: 08/06/2026)
Main Document: Judgment
Aug 06, 2026
Service by Mail
Aug 06, 2026
SERVICE BY MAIL: 10 Order Adopting Findings and Recommendations and 11 Judgment served on Rafael Antonio Tavaraz. (Deputy Clerk AMW)
#12
Aug 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 27, 2026: On August 6, 2026, the Court granted Petitioner's habeas petition and enjoined and restrained Respondents from continuing to detain him for more than seven days without a bond hearing. (ECF No. 10 .) Respondents were ordered to file a status report within five days from the hearing. (Id.) Respondents have not filed a status report nor sought an extension of time. Accordingly, Respondents are ORDERED to file a status report by tomorrow, August 28, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/27/2026)
#13
Aug 27, 2026
NOTICE OF COMPLIANCE by Warden, Central Valley Annex. Attorney Harman, Joseph Douglas added (Attachments: # 1 Exhibit Notice of Hearing, # 2 Exhibit IJ Order Denying Bond)(Harman, Joseph) (Entered: 08/27/2026)
Main Document: Notice of Compliance
Aug 27, 2026
Minute Order
Aug 31, 2026
Service by Mail
Aug 31, 2026
SERVICE BY MAIL: 12 Minute Order served on Rafael Antonio Tavaraz. (Deputy Clerk HAH)

Parties

(HC) Tavaraz
Party
Warden, Central Valley Annex
Party