Eastern District of California • 1:26-cv-05830
(HC) Solomon v. Warden, Mesa Verde Detention Facility
Active
Case Information
Filed: July 27, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 02, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by Koby Bryant Solomon. (Deputy Clerk DAR) (Entered: 07/29/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Koby Bryant Solomon. (Deputy Clerk DAR) (Entered: 07/29/2026)
Main Document:
In Forma Pauperis
#3
Jul 27, 2026
MOTION to APPOINT COUNSEL by Koby Bryant Solomon. (Deputy Clerk DAR) (Entered: 07/29/2026)
Main Document:
Appoint Counsel
Jul 28, 2026
RECEIPT number 100008975 for $5.00 for Koby Bryant Solomon from The Geo Group Inc. (Deputy Clerk DAR)
#4
Jul 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/29/2026)
Main Document:
Immigration New Case Documents
#5
Jul 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, Mesa Verde Detention Facility (Williams, Jonathan) (Entered: 07/29/2026)
Main Document:
DESIGNATION
#6
Jul 29, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/29/2026: This matter is REFERRED to the assigned Magistrate Judge for all further proceedings consistent with E.D. Cal. L.R. 302(c)(17). IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/29/2026)
Jul 29, 2026
Minute Order
Jul 29, 2026
SERVICE BY MAIL: 6 Minute Order served on Koby Bryant Solomon. (Deputy Clerk GJM)
Jul 29, 2026
Service by Mail
Jul 29, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Koby Bryant Solomon. (Deputy Clerk DAR)
#7
Jul 31, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/31/2026: Petitioner's Motion to Proceed In Forma Pauperis (ECF No. 2 ) is GRANTED. Petitioner's Motion for the Appointment of Counsel (ECF No. 3 ) is GRANTED. Within 14 (fourteen) 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 to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@caed.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 them to serve as Pro Hac Vice 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, 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. Petitioner (A No. 232 948 671). (Text Only Entry). (Deputy Clerk JRM) (Entered: 07/31/2026)
Jul 31, 2026
Service by Mail
Jul 31, 2026
SERVICE BY MAIL: 7 Minute Order served on Koby Bryant Solomon. (Deputy Clerk JRM)
Jul 31, 2026
Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
#8
Aug 14, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/14/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 7. Attorney David M. Cherman is hereby appointed as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney David M. Cherman, 1 Embarcadero Center, Floor 22, San Francisco, CA 94111-3711, 415-392-1960, dcherman@sideman.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 08/14/2026)
Aug 14, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#9
Aug 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/16/2026: Petitioner is GRANTED 14 (fourteen) days within which to file an Amended Petition for Writ of Habeas Corpus and / or Motion for Temporary Restraining Order. Petitioner A No. 232 948 671. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/16/2026)
Aug 16, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Aug 31, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Koby Bryant Solomon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cherman, David) (Entered: 08/31/2026)
Main Document:
Amended Petition for Writ of Habeas Corpus
#11
Aug 31, 2026
MOTION for TEMPORARY RESTRAINING ORDER and ORDER to SHOW CAUSE by Koby Bryant Solomon. (Attachments: # 1 Points and Authorities, # 2 Declaration of David M. Cherman, # 3 Declaration of Koby Bryant Solomon, # 4 Proposed Order, # 5 TRO Checklist, # 6 10 First Amended Petition for Writ of Habeas Corpus)(Cherman, David) Modified on 9/2/2026 (HAH). (Entered: 08/31/2026)
Main Document:
Temporary Restraining Order
Sep 19, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#17
Oct 26, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/26/2026 RECOMMENDING that: Petitioner's Petition for Writ of Habeas Corpus be granted; Respondent be ordered to immediately release Petitioner Koby Bryant Solomon (A# 232-948-671) from custody; At the time of release, Respondent shall be required to return all of Petitioner's documents and possessions; Respondent shall not impose any addition restrictions on Petitioner unless such restrictions are deemed necessary at a future pre-deprivation hearing; Respondent be enjoined and restrained from re-detaining Petitioner absent compliance with constitutional protections which include, at a minimum pre-deprivation notice describing the change of circumstan ce(s) necessitating re-detention and a timely pre-deprivation hearing at which the government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight even after cons ideration of alternatives to detention, and at which Petitioner shall be permitted to have his counsel present; The order not address the circumstances under which the government may detain Petitioner in the event Petitioner becomes subject to an exe cutable final order of removal and Petitioner receives notice of that final order of removal; The Clerk be directed to serve the Mesa Verde Detention Facility with a copy of any release order; Petitioner's motion for temporary restraining order be denied as moot; and that the Clerk be directed to enter judgment in favor of Petitioner and close this case. Referred to Judge Daniel J. Calabretta. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)
#18
Oct 30, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#19
Nov 02, 2026
ORDER signed by District Judge Daniel J. Calabretta on 11/2/2026 ADOPTING IN FULL 17 Findings and Recommendations; GRANTING Petition for Writ of Habeas Corpus; ORDERING Respondents to immediately release Petitioner KOBY BRYANT SOLOMON (A# 232-948-6 71) from their custody, to return all of Petitioner's documents and possessions at the time of release, and to not impose any additional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detain ing Petitioner absent compliance with constitutional protections; DENYING AS MOOT 11 Motion for Temporary Restraining Order; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve Mesa Verde Detention Facili ty with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. CASE CLOSED. (cc: ICE–Mesa Verde Detention Facility) (Deputy Clerk GJM)
#20
Nov 02, 2026
Judgment
Main Document:
Judgment
Parties
(HC) Solomon
Party
Warden, Mesa Verde Detention Facility
Party