Eastern District of California • 1:26-cv-06068

#1

Aug 03, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Center by Luis Antonio Velazquez Benavides. (Deputy Clerk AKP) (Additional attachment(s) added on 8/4/2026: # 1 Civil Cover Sheet) (AKP). (Entered: 08/04/2026)

Aug 03, 2026

RECEIPT number 100009034 for $5.00 for Luis Velazquez Benavides. (Deputy Clerk AKP)

#2

Aug 04, 2026

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

#3

Aug 04, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/4/2026: 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: 08/04/2026)

#4

Aug 04, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, Mesa Verde Detention Center (Weger, Shelley) (Entered: 08/04/2026)

Aug 04, 2026

Service by Mail

Aug 04, 2026

Minute Order

Aug 04, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Luis Antonio Velazquez Benavides. (Deputy Clerk AKP)

Aug 04, 2026

SERVICE BY MAIL: 3 Minute Order served on Luis Antonio Velazquez Benavides. (Deputy Clerk GJM)

#5

Aug 11, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/11/2026. Petitioner Luis Antonio Velazquez Benavides (A# 221-453-303), a self-represented immigration detainee, filed a 1 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The petition, liberally construed, asserts violations of petitioner's due process rights based on his prolonged detention pending his voluntary departure and/or the resolution of his appeal to the Board of Immigration Appeals. Respondents are directed to respond to the petition within 7 days from the date of this order. Any response must include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants or notices, 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 after being served a copy of respondent's response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court, except as necessary to facilitate petitioner's voluntary departure. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/11/2026)

Aug 11, 2026

Service by Mail

Aug 11, 2026

Minute Order

Aug 11, 2026

SERVICE BY MAIL: 5 Minute Order served on Luis Antonio Velazquez Benavides. (Deputy Clerk JAA)

#6

Aug 18, 2026

MOTION for 2-DAY EXTENSION OF TIME to by Warden, Mesa Verde Detention Center. (Attachments: # 1 Proposed Order)(Weger, Shelley) (Entered: 08/18/2026)

#7

Aug 19, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/19/2026. For good cause shown, Respondents' 6 motion for a two-day extension of time to respond to the petition is granted. Respondents shall file their response to the petition by August 20, 2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/19/2026)

Aug 19, 2026

Minute Order AND Order on Motion for Extension of Time

Aug 19, 2026

Service by Mail

Aug 19, 2026

SERVICE BY MAIL: 7 Minute Order served on Luis Antonio Velazquez Benavides. (Deputy Clerk JAA)

#8

Aug 20, 2026

REPLY to 1 Petition for Writ of Habeas Corpus by Warden, Mesa Verde Detention Center. (Attachments: # 1 Exhibit 1 (Notice to Appear), # 2 Exhibit 2 (Bond Order), # 3 Exhibit 3 (Voluntary Departure Order), # 4 Exhibit 4 (BIA Receipt))(Weger, Shelley) Modified on 8/24/2026 (HAH). (Entered: 08/20/2026)

#9

Aug 20, 2026

DIGITAL AUDIO RECORDING of Bond Hearing filed by Warden, Mesa Verde Detention Center. Date & Time 03/13/2026 01:00, Duration 00:02:02. File size [1.0 MB]. (Weger, Shelley) (Entered: 08/20/2026)

#10

Aug 21, 2026

SUPPLEMENT to 8 Reply by Warden, Mesa Verde Detention Center. (Attachments: # 1 Exhibit I-213)(Weger, Shelley) Modified on 8/25/2026 (HAH). (Entered: 08/21/2026)

#11

Sep 30, 2026

Miscellaneous Relief

#12

Oct 29, 2026

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/29/2026 GRANTING Petitioner's 11 motion for expedited ruling to the extent that Findings and Recommendations have now issued; and RECOMMENDING that: 1. Pe titioner's 1 petition for writ of habeas corpus be GRANTED, as follows: a. Respondents shall IMMEDIATELY RELEASE petitioner LUIS ANTONIO VELAZQUEZ BENAVIDES, A-221-453-303, from custody. At the time of release, respondents must return all of p etitioner's documents and possessions. b. Respondents shall not impose any additional restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing.c. Respondents be ENJOINED AND RESTRAINED from re -detaining petitioner unless they provide at least 7 days' written notice to petitioner and hold a pre-deprivation bond hearing before a neutral decision maker, at which hearing respondents will bear the burden of demonstrating by clear and conv incing evidence that petitioner is a flight risk or danger to the community and petitioner's eligibility for bond must be considered. d. The order does not address the circumstances in which respondents may detain petitioner in the event petitio ner becomes subject to an executable final order of removal and petitioner receives notice of that final order of removal. 2. Within three days of an order adopting these findings and recommendations, respondents be required to file a notice of compl iance confirming petitioner's release.3. The Clerk of the Court be further directed to enter judgment for petitioner and close. Referred to Judge Daniel J. Calabretta. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk RRB)

Oct 29, 2026

Service by Mail

#13

Nov 01, 2026

Objections to Findings and Recommendations

#14

Nov 02, 2026

ORDER signed by District Judge Daniel J. Calabretta on 11/2/2026 ADOPTING IN FULL 12 Findings and Recommendations; GRANTING 1 Petition for Writ of Habeas Corpus; ORDERING Respondent to immediately release LUIS ANTONIO VELAZQUEZ BENAVIDES (A#-221- 453-303) from their custody and to return all of Petitioner's documents and possessions at the time of release; ENJOINING and RESTRAINING ICE-NERO from re-detaining Petitioner; DIRECTING the Clerk of Court to enter judgment accordingly and to cl ose this case. This Order does not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. Respondent is required to file a notice of compliance confirming petitioner's release within three (3) days of an order adopting these findings and recommendations. CASE CLOSED. (Deputy Clerk GJM)

#15

Nov 02, 2026

Judgment

Nov 02, 2026

Service by Mail

#16

Nov 04, 2026

Notice of Compliance