Eastern District of California • 1:26-cv-05382

(HC) De La Torres v. Warden, California City Immigration Processing Center

Completed

Case Information

Filed: July 13, 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 07, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Ernesto De La Torres. (Deputy Clerk AKP) (Entered: 07/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Ernesto De La Torres. (Deputy Clerk AKP) (Entered: 07/14/2026)
Main Document: In Forma Pauperis
#3
Jul 13, 2026
Affidavit in Support of Fee Waiver re 2 Motion to Proceed In Forma Pauperis by Ernesto De La Torres. (Deputy Clerk AKP) (Entered: 07/14/2026)
Main Document: Miscellaneous Relief
#4
Jul 14, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/14/2026)
Main Document: Immigration New Case Documents
#5
Jul 14, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/14/2026: This 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: 07/14/2026)
#6
Jul 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, California City Immigration Processing Center (Davis, Sean) (Entered: 07/14/2026)
Main Document: DESIGNATION
Jul 14, 2026
SERVICE BY MAIL: 5 Minute Order served on Ernesto De La Torres. (Deputy Clerk MDK)
Jul 14, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Ernesto De La Torres. (Deputy Clerk AKP)
Jul 14, 2026
Minute Order
Jul 14, 2026
Service by Mail
#7
Jul 17, 2026
Order AND Order on Motion for Miscellaneous Relief AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND Order on Motion for Miscellaneous Relief AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 17, 2026
SERVICE BY MAIL: 7 Order served on Ernesto De La Torres. (Deputy Clerk OML)
Jul 17, 2026
Service by Mail
#8
Jul 24, 2026
DECLARATION of DO Santiago Rodriguez. (Attachments: # 1 Exhibit Removal order, # 2 Exhibit 213, # 3 Exhibit Third country removal, # 4 Exhibit Warning, # 5 Proof of Service)(Davis, Sean) (Entered: 07/24/2026)
Main Document: DECLARATION
#9
Jul 24, 2026
RESPONSE by Warden, California City Immigration Processing Center to 1 Petition for Writ of Habeas Corpus, 7 Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion to Proceed in forma pauperis,,, Order on Motion for Miscellaneous Relief,,. (Attachments: # 1 Proof of Service)(Davis, Sean) (Entered: 07/24/2026)
Main Document: RESPONSE
#10
Jul 30, 2026
Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 30, 2026
Service by Mail
Jul 30, 2026
SERVICE BY MAIL: 10 Findings and Recommendations served on Ernesto De La Torres. (Deputy Clerk AMW)
#11
Aug 06, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 08/05/2026 ADOPTING the 10 Findings and Recommendations IN FULL and GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Ernesto D.L.T., A# 074-145-767, under the same conditions of supervision in place at the time of his re-detention on or about 1/9/2025. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are DIRECTED to file a notice certifying compliance with this provision of the Court's Order within 2 court days from the date of this order. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent compliance with statutory and constitutional protections, including a minimum of 7 days' pre-deprivation notice and strict compliance with the requirements of 8 C.F.R. §§ 241.13(i), 241.4(l), or a pre-deprivation hearing before a neutral fact-finder where Respondents show by clear and convincing evidence that material changed circumstances demonstrate (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. At any such hearing, Petitioner shall be allowed to have counsel present. CASE CLOSED. (cc: California City) (Deputy Clerk KS) (Entered: 08/06/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#12
Aug 06, 2026
JUDGMENT dated *08/06/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 08/05/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 08/06/2026)
Main Document: Judgment
Aug 06, 2026
SERVICE BY MAIL: 11 Order Adopting Findings and Recommendations and 12 Judgment served on Ernesto De La Torres. (Deputy Clerk KS)
Aug 06, 2026
Service by Mail
#13
Aug 07, 2026
Notice of Compliance
Main Document: Notice of Compliance