Eastern District of California • 1:26-cv-05882
(HC) Brochero-Carreno v. Warden, California City Detention Center
Active
Case Information
Filed: July 27, 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
Active
Last Activity:
October 29, 2026
Parties:
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Docket Entries
#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Ricardo Brochero-Carreno. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document:
Immigration New Case Documents
#3
Jul 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/28/2026: 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: 07/28/2026)
#4
Jul 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Detention Center (Williams, Jonathan) (Entered: 07/28/2026)
Main Document:
DESIGNATION
Jul 28, 2026
Service by Mail
Jul 28, 2026
Minute Order
Jul 28, 2026
SERVICE BY MAIL: 3 Minute Order served on Ricardo Brochero-Carreno. (Deputy Clerk MDK)
Jul 28, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Ricardo Brochero-Carreno. (Deputy Clerk DAR)
#5
Jul 30, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/30/2026. Petitioner, Ricardo Antonio Brocuero Carreno (A# 217-758-122), a self-represented immigration detainee, filed a 1 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Based on the length of time in which petitioner has been in immigration detention, the court hereby authorizes petitioner to proceed in forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914. The petition, liberally construed, asserts violations of petitioner's due process rights based on his prolonged detention and the revocation of his release. Respondents are directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Lida G.B. v. Albarran, No. 1:25-cv-2061 TLN CKD, 2026 WL 19104 (E.D. Cal. Jan. 3. 2026), Z.Z. v. Chestnut, No. 1:26-cv-2309 TLN JDP, 2026 WL 890476 (E.D. Cal. Apr. 1, 2026), Mohammad S. v. Andrews, No. 1:26-cv-0590 TLN CSK, 2026 WL 480095 (E.D. Cal. Feb. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. (Text Only Entry). (Deputy Clerk JAA) (Entered: 07/30/2026)
Jul 30, 2026
Service by Mail
Jul 30, 2026
Minute Order
Jul 30, 2026
SERVICE BY MAIL: 5 Minute Order served on Ricardo Brochero-Carreno. (Deputy Clerk JAA)
#6
Aug 06, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by Warden, California City Detention Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Williams, Jonathan) Modified on 8/14/2026 (KS). (Entered: 08/06/2026)
Main Document:
ANSWER
#7
Aug 18, 2026
TRAVERSE by Ricardo Brochero-Carreno. (Deputy Clerk LMS) (Entered: 08/19/2026)
Main Document:
Traverse
Aug 24, 2026
MAIL RETURNED as Undeliverable, RTS- Unable to Forward: 3 Minute Order sent to Ricardo Brochero-Carreno. Notice of Change of Address due by 10/1/2026. (Deputy Clerk JRW)
Aug 26, 2026
RE-SERVICE BY MAIL: 2 Immigration New Case Documents, 3 Minute Order, served on Ricardo Brochero-Carreno. (Deputy Clerk HAH)
Aug 26, 2026
Service by Mail
#8
Sep 24, 2026
Notice (Other)
Main Document:
Notice (Other)
#9
Oct 23, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/23/26 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted and Respondents shall immediately release petitioner. Referred to Judge Troy L. Nunley. Objections due within 3 days after being served with these findings and recommendations,. (Deputy Clerk VLC)
Oct 23, 2026
Service by Mail
#10
Oct 25, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#12
Oct 27, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#13
Oct 28, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 10/27/26 ADOPTING 9 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE petitionerRICARDO B.C. (A# 217-758-122 ) from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall file a notice of compliance with this provision of the Court's Order within two (2) court days from the date of this Order. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public 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. At any such hearing, Petitioner shall be allowed to have counsel present. If Petitioner becomes subject to a final order of removal und er 8 U.S.C. § 1231, Respondents are further ENJOINED from re-detaining Petitioner unless the removal order is lawfully executable and Respondents provide ten days' pre-deprivation notice to Petitioner of their intent to execute the removal order. Such notice may not issue until the removal order is final in accordance with 8 C.F.R. § 1241.1 and until Respondents have confirmed that no appeal has been filed with the Board of Immigration Appeals. 12 Motion to Expedite Proceedings is DISMISSED as MOOT. The Clerk is directed to serve this Order on California City Detention Center and enter judgment in favor of Petitioner. CASE CLOSED. (cc Cal City) (Deputy Clerk KML)
#14
Oct 28, 2026
Judgment
Main Document:
Judgment
Oct 28, 2026
Service by Mail
#15
Oct 29, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
(HC) Brochero-Carreno
Party
Warden, California City Detention Center
Party