Eastern District of California • 1:26-cv-06091
(HC) Jimenez Salazar v. Andrews
Active
Case Information
Filed: August 03, 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:
View All Parties →
Docket Entries
#1
Aug 03, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Reinaldo Jimenez Salazar. (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Reinaldo Jimenez Salazar. (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
In Forma Pauperis
#3
Aug 03, 2026
MOTION to APPOINT COUNSEL by Reinaldo Jimenez Salazar. (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
Appoint Counsel
#4
Aug 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
Immigration New Case Documents
#5
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)
#6
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews (Rodriguez, Elisa) (Entered: 08/04/2026)
Main Document:
DESIGNATION
Aug 04, 2026
Minute Order
Aug 04, 2026
Service by Mail
Aug 04, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Reinaldo Jimenez Salazar. (Deputy Clerk DAR)
Aug 04, 2026
SERVICE BY MAIL: 5 Minute Order served on Reinaldo Jimenez Salazar. (Deputy Clerk MDK)
#7
Aug 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/06/2026. Petitioner, Reinaldo Jimenez Salazar (A 098-267-977), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, along with an application to proceed in forma pauperis. ECF Nos. 1-3. Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. The petition, liberally construed, asserts two violations of petitioner's due process rights: one based on his prolonged detention and another based on 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 Ayala Cajina v. Wofford, No. 1:25-cv-1566 DAD AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), Mohammad S. v. Andrews, No. 1:26-cv-0590 TLN CSK, 2026 WL 480095 (E.D. Cal. Feb. 20, 2026), Gonzalez v. Warden, California City Detention Facility, No. 1:26-cv-2804 DC CSK, 2026 WL 1760117 (E.D. Cal. June 18, 2026), adopted in part 2026 WL 1893723 (E.D. Cal. July 1, 2026), Estrada-Samayoa v. Cruz, No. 1:26-cv-1565 EFB, 2026 WL 445347 (E.D. Cal. Feb. 17, 2026), Sergio S.M. v. Noem, No. 1:25-cv-01973 KES HBK, 2025 WL 3768206 (E.D. Cal. Dec. 31, 2025), R.D.T.M v. Wofford, No. 1:25-cv-1141 KES SKO, 2025 WL 2686866 (E.D. Cal. Sept. 18, 2025) 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: 08/06/2026)
Aug 06, 2026
SERVICE BY MAIL: 7 Minute Order served on Reinaldo Jimenez Salazar. (Deputy Clerk JAA)
Aug 06, 2026
Service by Mail
Aug 06, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
#8
Aug 11, 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: 08/12/2026)
Main Document:
CONSENT/DECLINE
#9
Aug 14, 2026
RESPONSE by Tonya Andrews to 1 Petition for Writ of Habeas Corpus. (Rodriguez, Elisa) (Entered: 08/14/2026)
Main Document:
RESPONSE
#10
Aug 19, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/19/2026. A routine review of United States Immigration and Customs Enforcement's Online Detainee Locator System returns zero matching records for petitioner (A 098-267-977). This suggests petitioner is no longer in custody. As such, within 2 days from the date of this order, respondent shall file a status report informing the court whether petitioner remains in ICE custody. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/19/2026)
Aug 19, 2026
Minute Order
Aug 19, 2026
Service by Mail
Aug 19, 2026
SERVICE BY MAIL: 10 Minute Order served on Reinaldo Jimenez Salazar. (Deputy Clerk JAA)
#11
Aug 22, 2026
STATUS REPORT by Tonya Andrews. (Rodriguez, Elisa) (Entered: 08/22/2026)
Main Document:
STATUS
#12
Sep 02, 2026
TRAVERSE to 9 Response by Reinaldo Jimenez Salazar. (Deputy Clerk AMW) (Entered: 09/03/2026)
Main Document:
Traverse
#13
Sep 04, 2026
SUPPLEMENTAL by Reinaldo Jimenez Salazar re 1 Petition for Writ of Habeas Corpus. (Deputy Clerk RRB) (Entered: 09/09/2026)
Main Document:
SUPPLEMENTAL
#15
Oct 19, 2026
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/16/2026 DENYING 3 Motion to Appoint Counsel; and RECOMMENDING Petitioner's 1 application for a writ of habeas corpus; the court DECLARE petitioner' s re-detention in May 2026 and continued detention without a bond hearing violated petitioner's rights under the Fifth Amendment Due ProcessClause; Respondents be ordered to IMMEDIATELY RELEASE petitioner REINALDOJIMENEZ SALAZAR, A 098-267-977, under the same conditions to which he was subjectimmediately prior to his re-detention. At the time of release, respondents must return all of petitioner's documents and possessions; Respondents be ENJOINED AND RESTRAINED from re-detaining petit ioner 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 that petitioner is a flight risk or danger to the community and petitioner's eligibility for bond must be considered; Petitioner's request for attorney's fees and costs be DENIED. No attorney filed anappearance in this matter; and all other pending motions, if any, be DENIED as MOOT. Referred to Judge Troy L. Nunley. Objections due within 3 days after service of these findings and recommendations. (Deputy Clerk RRB)
Oct 19, 2026
Service by Mail
#16
Oct 22, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#17
Oct 27, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 10/26/2026 ADOPTING the 15 Findings and Recommendations IN FULL and GRANTING the 1 Petition for Writ of Habeas Corpus. The Court DECLARES Petitioner's re-detention in May 2026 and conti nued detention without a bond hearing violates Petitioner's rights under the Fifth Amendment Due Process Clause. Respondents are ordered to IMMEDIATELY RELEASE Petitioner Reinaldo Jimenez S. (A# 098-267-977), under the same conditions to which h e was subject immediately prior to his re-detention. 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 withi n 2 court days of this order. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of 7 days' notice and a pre-depri vation 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 co nstitutionally 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. Should Petitioner become subject to a final and executable order of removal, the government shall provide Petitioner a minimum of 7 days' notice (counting from the date the removal order becomes final and executable) of any intent to execute the order and detain Petitioner. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KS)
#18
Oct 27, 2026
Judgment
Main Document:
Judgment
Oct 27, 2026
Service by Mail
#19
Oct 29, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
Andrews
Party
(HC) Jimenez Salazar
Party