Eastern District of California • 1:26-cv-05242

#1

Jul 08, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Warden, California City Detention Facility by Pexis Munoz Paumier. (Deputy Clerk CM) (Entered: 07/09/2026)

#2

Jul 08, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Pexis Munoz Paumier. (Deputy Clerk CM) (Entered: 07/09/2026)

#3

Jul 09, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Pexis Munoz Paumier signed by District Judge Edward J Davila on 07/09/2026. (Deputy Clerk CM) (Entered: 07/09/2026)

#4

Jul 09, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 07/09/2026)

#5

Jul 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for U.S. Department of Homeland Security,Shelley D. Weger, GOVT for U.S. Immigration and Customs Enforcement,Shelley D. Weger, GOVT for Warden, California City Detention Facility (Weger, Shelley) (Entered: 07/09/2026)

#6

Jul 09, 2026

ORDER re 1 Habeas Petition signed by District Judge Edward J Davila on 7/9/2026. Respondents to file a Response to the 1 Habeas Petition by 7/23/2026. Petitioner may file a reply by 7/30/2026. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Thomas, Julia) (Entered: 07/09/2026)

Jul 09, 2026

SERVICE BY MAIL: 6 Order served on Petitioner. (Thomas, Julia)

Jul 09, 2026

Service by Mail

Jul 09, 2026

SERVICE BY MAIL: 3 Order Authorizing IFP Status, 4 Immigration New Case Documents served on Pexis Munoz Paumier. (Deputy Clerk CM)

#7

Jul 13, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 7/13/2026: Pursuant to the 6 Order appointing counsel dated 7/9/2026, the appointing authority of the Eastern District of California has confirmed that Assistant Federal Public Defender Melinda K. Yamaga is hereby appointed as counsel for petitioner. The Clerk of the Court shall update the docket to reflect Assistant Federal Public Defender Melinda K. Yamaga, 300 Ala Moana Boulevard, Suite 7104, Honolulu, HI, 808-541-2521, melinda_yamaga@fd.org, as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 07/13/2026)

Jul 13, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#8

Jul 30, 2026

REPLY by Pexis Munoz Paumier re 1 Petition for Writ of Habeas Corpus. (Yamaga, Melinda) (Entered: 07/30/2026)

#9

Aug 28, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 8/28/2026: Petitioner's unopposed petition for writ of habeas corpus (Dkt. No. 1 ) is GRANTED. See L.R. 230(c) ("A failure to file a timely opposition may also be construed by the Court as a nonopposition to the motion."). The Court finds the following facts based on the unopposed allegations in the petition: Petitioner was ordered removed to Cuba in 1993. Dkt. No. 1 at 5. He was detained by the Department of Homeland Security ("DHS") from February 28, 2019 to June 28, 2019 in order to execute his removal, however, DHS was unable to do so at that time. Id. at 7. He was subsequently released on an order of supervision ("OSUP"). Id. Petitioner was re-detained by DHS on March 6, 2026. Id. at 5. Petitioner claims that the revocation of his OSUP was unlawful because there is no significant likelihood that he will be removed in the reasonably foreseeable future. This allegation is unrebutted. As such, the Court finds that there continues to be no significant likelihood that Petitioner will be removed in the reasonably foreseeable future to Cuba, just as was the case in 2019. Where DHS attempts to revoke an individual's OSUP without any showing that removal in the foreseeable future is likely, the appropriate remedy is immediate release. See, e.g., Yan-Ling X. v. Lyons, No. 1:25-CV-01412-KES-CDB (HC), 2026 WL 494468, at *2 (E.D. Cal. Feb. 23, 2026); Oliva Funez v. Chestnut, No. 1:26-CV-01845-KES-CDB (HC), 2026 WL 972548, at *3 (E.D. Cal. Apr. 10, 2026). Accordingly, the petition for writ of habeas corpus is GRANTED. Respondents SHALL IMMEDIATELY RELEASE Petitioner Pexis Munoz Paumier (A022-791-822) from custody. The Clerk of Court is directed to close this case and enter judgment for Petitioner. (Text Only Entry) (cc California City Immigration Processing Center) (CASE CLOSED)(Thomas, Julia) (Entered: 08/28/2026)

#10

Aug 28, 2026

JUDGMENT dated *August 28, 2026* pursuant to order signed by District Judge Edward J Davila on 8/28/2026 in favor of Petitioner against Respondents. (Thomas, Julia) (Entered: 08/28/2026)

Aug 28, 2026

Minute Order AND ~Util - Terminate Civil Case