Eastern District of California • 1:26-cv-06089

#1

Aug 03, 2026

PETITION for WRIT of HABEAS CORPUS against Department of Homeland Security Immigration by Sergey Olegovich Vyazhevich. (Deputy Clerk DAR) (Entered: 08/04/2026)

Aug 03, 2026

RECEIPT number 100009045 for $5.00 for Sergey Vyazhevich from Geo Secure Services, LLC. (Deputy Clerk DAR)

#2

Aug 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/04/2026)

#3

Aug 04, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Department of Homeland Security Immigration (Williams, Jonathan) (Entered: 08/04/2026)

#4

Aug 04, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 4, 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: 08/04/2026)

Aug 04, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Sergey Olegovich Vyazhevich. (Deputy Clerk DAR)

Aug 04, 2026

SERVICE BY MAIL: 4 Minute Order served on Sergey Olegovich Vyazhevich. (Deputy Clerk MDK)

Aug 04, 2026

Minute Order

Aug 04, 2026

Service by Mail

#5

Aug 07, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/7/2026: Petitioner, an immigration detainee who is representing himself, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. ECF No. 1 . Under Rule 4 of the Rules Governing Section 2254 Cases, I must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, I order the government to respond to the petition, and I set a briefing schedule. In accordance with the above, IT IS HEREBY ORDERED that (1) within seven days of the date of service of this order, respondent must file a response to the petition; (2) A response may be one of the following (A) An answer addressing the merits of the petition. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims or (B) A motion to dismiss the petition; (3) Within seven days of the date of service of this order, respondent must file any documents necessary for resolving the issues presented in the petition; (4) If respondent files an answer to the petition, petitioner may file a traverse within seven days of the date of service of respondent's answer. If no traverse is filed within seven days, the petition and answer are deemed submitted; and (5) If respondent moves to dismiss, petitioner must file an opposition or statement of non-opposition within seven days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within seven days after the opposition is served. The motion to dismiss will be considered submitted twenty-one days after the service of the motion or when the reply is filed, whichever comes first. See Local Rule 230(l). (Text Only Entry). (Deputy Clerk NAC) (Entered: 08/07/2026)

Aug 07, 2026

Service by Mail

Aug 07, 2026

Minute Order

Aug 07, 2026

SERVICE BY MAIL: 5 Minute Order served on Sergey Olegovich Vyazhevich. (Deputy Clerk NAC)

#6

Aug 14, 2026

DECLARATION of DEPORTATION OFFICER ALEJANDRO PARRA JAIMES. (Attachments: # 1 Exhibit 1-Form I-862, Notice to Appear (NTA), dated March 1, 2010., # 2 Exhibit 2-Form I-213, Record of Deportable/Inadmissible Alien, (Form I-213) dated March 1, 2010., # 3 Exhibit 3-RAP Sheet, # 4 Exhibit 4-Records for Case Number CRC06-07998CFANO-B., # 5 Exhibit 5-Florida Records for Case Number CRC06-21196CFANO-B, # 6 Exhibit 6-Florida Records for Case Number CRC06-26055CFANO-B., # 7 Exhibit 7-Florida Records for Case Number F09-023057, # 8 Exhibit 8-Immigration Judge Removal Order, dated January 27, 2014., # 9 Exhibit 9-Order of Supervision (OSUP), dated March 25, 2014., # 10 Exhibit 10-Form I-213, dated July 30, 2025., # 11 Exhibit 11-Form I-205, Warrant of Removal/Deportation, dated July 30, 2025., # 12 Exhibit 12-Form I-294, Warning to Alien Ordered Removed or Deported, dated July 30, 2025., # 13 Exhibit 13-Form I-229(a), Warning for Failure to Depart, dated July 30, 2025., # 14 Exhibit 14-Notice of Revocation of Release, dated February 1, 2026., # 15 Exhibit 15-Notice of Failure to Comply Pursuant to 8 CFR 241.4(g), dated July 8, 2026., # 16 Proof of Service Proof of Service)(Williams, Jonathan) (Entered: 08/14/2026)

#8

Aug 14, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk AKP) (Entered: 08/17/2026)

#9

Aug 14, 2026

NOTICE of CHANGE of ADDRESS to P.O. Box 637, 254 Taylor Avenue, McFarland, CA 93250 by Sergey Olegovich Vyazhevich. (Deputy Clerk DAR) (Entered: 08/17/2026)

#7

Aug 15, 2026

RESPONSE by Department of Homeland Security Immigration to 1 Petition for Writ of Habeas Corpus. (Williams, Jonathan) (Entered: 08/15/2026)

#10

Aug 18, 2026

Notice of Voluntary Dismissal

#11

Aug 28, 2026

Traverse

#12

Sep 17, 2026

NOTICE: The government is directed to file its consent form within 7 days only if it intends to consent to magistrate judge jurisdiction. (Text only entry) (Deputy Clerk NAC) (Entered: 09/17/2026)

Sep 17, 2026

Notice (Other)

Sep 17, 2026

Service by Mail

Sep 17, 2026

SERVICE BY MAIL: 12 Notice served on Sergey Olegovich Vyazhevich. (Deputy Clerk NAC)

#13

Sep 29, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/29/2026: Respondent asserts that petitioner's removal period has been extended pursuant to 8 U.S.C. § 1231(a)(1)(C). (ECF No. 7 at 4.) This statutory provision does not "function[] as an independent source of detention authority" but instead "merely authorizes the government to continue detaining an alien '[d]uring the removal period.'" Prieto-Romero v. Clark, 534 F.3d 1053, 1060 (9th Cir. 2008) (quoting 8 U.S.C. § 1231(a)(2)) (emphasis in original). Petitioner's removal period appears to have expired in 2014. A court in this District has held that section 1231(a)(1)(C) does not "revive a removal period that has already expired." V.R. v. U.S. Immigr. & Customs Enf't, No. 1:26-cv-4279-MWJS, 2026 WL 1965908, at *7 (E.D. Cal. July 7, 2026). Additionally, petitioner asserts that, in 2014, Russia declined to issue a travel document for him. (ECF No. 11 at 3.) Petitioner has submitted a corroborating document that he represents is a filing by the government in another habeas action. (Id. at 18.) Accordingly, respondent is provided with an opportunity to file a supplemental brief by 10/5/2026 addressing: (1) what legal authority, if any, supports its assertion that petitioner's removal period has been extended under section 1231(a)(1)(C); and (2) petitioner's allegation that Russia previously declined to issue a travel document for him. Should respondent not file a supplemental brief by the provided deadline, the court will deem this matter submitted. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/29/2026)

Sep 29, 2026

Service by Mail

Sep 29, 2026

SERVICE BY MAIL: 13 Minute Order served on Sergey Olegovich Vyazhevich. (Deputy Clerk NAC)

Sep 29, 2026

Minute Order

#14

Oct 05, 2026

SUPPLEMENT by Department of Homeland Security Immigration re 13 Minute Order,,,,,,. (Williams, Jonathan) (Entered: 10/05/2026)

#15

Oct 09, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/9/26 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to immediately release petitioner (A-Number: 070-323-485) from its custody subject to the previously-imposed conditions of release; Respondent be enjoined and restrained from re-detaining petitioner unless it obtains a travel document for his removal, if necessary, and follows all procedures set forth in 8 C.F.R. §§ 241.4(l), 241.13(i), and any other applicable statutory and regulatory procedures; The Clerk of Court be directed to serve Central Valley Annex Detention Facility with a copy of this order; The Clerk of Court be ordered to enter judgment accordingly and close this case. Referred to Judge Troy L. Nunley. Objections due within 3 days of service of these Findings and Recommendations. (Deputy Clerk JAW) (Entered: 10/09/2026)

#16

Oct 09, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 15 by Respondent Department of Homeland Security Immigration. (Williams, Jonathan) (Entered: 10/09/2026)

Oct 09, 2026

Service by Mail

Oct 09, 2026

SERVICE BY MAIL: 15 Findings and Recommendations served on Sergey Olegovich Vyazhevich. (Deputy Clerk JAW)

#17

Oct 16, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 10/15/2026 ADOPTING the 15 Findings and Recommendations, GRANTING 1 Petition for Writ of Habeas Corpus, and ORDERING Respondents to IMMEDIATELY RELEASE Petitioner Sergey Olegovich V. (A# 070 -323-485) from its custody. Respondents shall file a notice of compliance with this provision within 2 court days from the date of this Order. Respondents are ENJOINED from re-detaining Petitioner absent compliance with statutory and constitutional p rotections. The Clerk of Court is directed to serve Central Valley Annex Detention Facility with a copy of this order, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc Central Valley Annex Detention Facility) (Deputy Clerk VLK)

#18

Oct 16, 2026

Judgment

Oct 16, 2026

Service by Mail

#19

Oct 19, 2026

Notice of Compliance