Eastern District of California • 1:26-cv-05839

(HC) Ly v. Warden, Mesa Verde Detention Facility

Active

Case Information

Filed: July 27, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by Phi Hoang Ly. (Deputy Clerk DAR) Modified on 7/29/2026 (KEZ). (Entered: 07/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Phi Hoang Ly. (Deputy Clerk DAR) (Entered: 07/29/2026)
Main Document: In Forma Pauperis
#3
Jul 27, 2026
[DISREGARD - NO IMAGE ATTACHED. See 6 Motion to Appoint Counsel] MOTION to APPOINT COUNSEL by Phi Hoang Ly. (Deputy Clerk DAR) Modified on 7/29/2026 (KEZ). (Entered: 07/29/2026)
#6
Jul 27, 2026
MOTION to APPOINT COUNSEL by Phi Hoang Ly. (Deputy Clerk KEZ) (Entered: 07/29/2026)
Main Document: Appoint Counsel
Jul 28, 2026
RECEIPT number 100008981 for $5.00 for Phi Hong Ly 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
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 29, 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: 07/29/2026)
#7
Jul 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, Mesa Verde Detention Facility (Rodriguez, Elisa) (Entered: 07/29/2026)
Main Document: DESIGNATION
Jul 29, 2026
Minute Order
Jul 29, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Phi Hoang Ly. (Deputy Clerk DAR)
Jul 29, 2026
Service by Mail
Jul 29, 2026
SERVICE BY MAIL: 5 Minute Order served on Phi Hoang Ly. (Deputy Clerk MDK)
Jul 29, 2026
Appoint Counsel
#8
Aug 20, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 07/30/26 DISMISSING 2 Motion to Proceed IFP as MOOT. Respondents are DIRECTED to file an answer or motion to dismiss within 7 days from the date of this order; Petitioner's reply/traverse to a n answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondents' answer or motion to dismiss; Reply by respondents to an opposition to a motion to dismiss is due within 7 days after bein g served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. A notice of change of address must be properly served on other parties. (Deputy Clerk KML)
Main Document: Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 20, 2026
SERVICE BY MAIL: 8 Order served on Phi Hoang Ly. (Deputy Clerk KML)
Aug 20, 2026
Service by Mail
#9
Aug 27, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus by Warden, Mesa Verde Detention Facility. (Rodriguez, Elisa) Modified on 9/1/2026 (KS). (Entered: 08/27/2026)
Main Document: ANSWER
#10
Sep 08, 2026
TRAVERSE by Phi Hoang Ly. (Deputy Clerk VLK) (Entered: 09/10/2026)
Main Document: Traverse
#11
Oct 06, 2026
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/6/2026 DENYING petitioner's 6 motion for appointment of counsel without prejudice. IT IS RECOMMENDED the 1 petition for writ of habeas corpus be gran ted as to the due process claim; Petitioner Phi Hoang Ly (A-027-343-497) be immediately released from ICE custody under the same conditions he was previously released in 2012; At the time of release, respondent shall return to petitioner all of p etitioner's possessions, including petitioner's documents (e.g., identification, passport, work permit, Social Security card, etc.); Respondent be enjoined and restrained from re-detaining petitioner absent compliance with constitutional protections, which include, at a minimum, compliance with the requirements of 8 C.F.R. § 241.13(i) for revocation of release, and any other applicable statutory and regulatory procedures; Because petitioner is proceeding pro se, respondent b e further directed to file a status report within 7 days from the date of his release; and the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Judge Troy L. Nunley. Objections to F&R due within 7 days. (Deputy Clerk KLY)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
Oct 06, 2026
Service by Mail
#12
Oct 13, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#13
Oct 15, 2026
Notice of Related Case
Main Document: Notice of Related Case
#15
Oct 19, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 10/19/2026 ADOPTING 11 Findings and Recommendations in Full and GRANTING 1 Petitioner for Writ of Habeas Corpus as to the due process claim, and RESPONDENTS are ORDERED to IMMEDIATELY RELEAS E Petitioner Phi Hoang Ly 027-343-497 from ICE custody under the same conditions previously released in 2012, and ORDER respondents to RETURN all of Petitioner's documents and possessions at the time of release. Respondent is DIRECTED to file a Notice of Certifying Compliance within 2 days of the order. Respondents are ENJOINED from re-detaining Petitioner unless they obtain a travel document for removal to Vietnam and until they comply with statutory and constitutional protections, which i nclude, at a minimum, 7 days' pre-deprivation notice and the requirements of 8 C.F.R. § 241.13(i) for revocation of release, and any other applicable statutoryand regulatory procedures. The court is DIRECTED to enter judgment in favor of petitioner and close this case. CASE CLOSED (cc Mesa Verde) (Deputy Clerk AMW)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#16
Oct 19, 2026
Judgment
Main Document: Judgment
Oct 19, 2026
Service by Mail
#17
Oct 21, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) Ly
Party
Warden, Mesa Verde Detention Facility
Party