Southern District of California • 3:26-cv-04611

Luengo Diaz v. Warden, Jeremy Casey

Completed

Case Information

Filed: August 12, 2026
Assigned to: Jinsook Ohta
Referred to: Steve B. Chu
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: August 24, 2026
Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 12, 2026
Petition for Writ of Habeas Corpus against Warden, Jeremy Casey ( Filing fee $ 5 receipt number 171530.), filed by Jorge Luengo Diaz. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)The new case number is 3:26-cv-4611-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case. (Luengo Diaz, Jorge)(jxg) (Additional attachment(s) added on 8/13/2026: # 3 Receipt) (jxg). (Entered: 08/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 13, 2026
Minute Order by Judge Jinsook Ohta: The Court adopts the Standard Procedures for Immigration Habeas Petitions from Chief Judge Order No. 144 with the following modifications: The government's return shall identify and address any individualized concerns regarding Petitioner's danger to the community or flight risk, including the factual basis for any such concerns. Further, the Court sets a hearing on the petition for August 27, 2026 at 9:30 AM. All parties may appear by videoconference for the hearing. The courtroom deputy will provide the videoconference information ahead of the hearing, which will proceed unless the Court issues a written decision on the merits ahead of the hearing date. Parties are directed to check the docket at 5:00 PM the day before the hearing. Signed by Judge Jinsook Ohta on 08/13/2026. (rh) (Entered: 08/13/2026)
Aug 13, 2026
Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings
#3
Aug 14, 2026
NOTICE of Appearance and Substitution of Counsel by Erin Dimbleby on behalf of Warden, Jeremy Casey (Attachments: # 1 Proof of Service)(Dimbleby, Erin) **WITHDRAW PER ECF NO. 4** (gsw) (Entered: 08/14/2026)
Main Document: Notice of Appearance
#4
Aug 14, 2026
NOTICE OF WITHDRAWAL OF DOCUMENT by Warden, Jeremy Casey re 3 Notice of Appearance filed by Warden, Jeremy Casey . (Estrada, Antonio)(gsw) (Entered: 08/14/2026)
Main Document: Withdrawal of Document
#5
Aug 14, 2026
NOTICE of Appearance and Substitution of Counsel by Antonio Estrada on behalf of Warden, Jeremy Casey (Attachments: # 1 Proof of Service)(Estrada, Antonio)Attorney Antonio Estrada added to party Warden, Jeremy Casey(pty:res)(gsw) (Entered: 08/14/2026)
Main Document: Notice of Appearance
#6
Aug 20, 2026
RETURN to Petition for Writ of H/C by Warden, Jeremy Casey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proof of Service)(Estrada, Antonio)(gsw) (Entered: 08/20/2026)
Main Document: Return to Petition for Writ of H/C
#7
Aug 24, 2026
Minute Order by Judge Jinsook Ohta: Jorge Luengo Diaz filed a petition for writ of habeas corpus challenging his detention as unlawfully prolonged in violation of his due process rights. See Dkt. 1. After the entry of a final removal order, a noncitizen is subject to mandatory detention for 90 days, known as the "removal period." 8 U.S.C. § 1231(a)(1). The removal period begins on the latest of three dates: (i) when, as relevant here, the removal order becomes administratively final; (ii) if the removal order is judicially reviewed and a court issues a stay, the date of the court's final order; or (iii) if the noncitizen is detained or confined other than under immigration processes, the date they are released from such detention or confinement. See § 1231(a)(1)(B)(i)(iii).Here, the 90-day mandatory removal period began on June 21, 2026, when Petitioner's removal order became administratively final. See Dkt. 6 at 1; Dkt. 6-3 at 2. Accordingly, Petitioner is subject to mandatory detention until September 19, 2026. The Court therefore DENIES without prejudice the petition for writ of habeas corpus. [Dkt. 1] Petitioner may re-file his petition if his detention becomes prolonged beyond the end of the 90-day mandatory removal period on September 19, 2026.The August 27, 2026 hearing is vacated. The Clerk of the Court is directed to close the case. Signed by Judge Jinsook Ohta on 08/24/2026. (rh) (All non-registered users served via U.S. Mail Service)(gsw) (Entered: 08/24/2026)
#8
Aug 24, 2026
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the court DENIES without prejudice the Petitioner's Petition for Writ of Habeas Corpus. Judgment isentered and the case is hereby closed. (All non-registered users served via U.S. Mail Service)(gsw) (Main Document 8 replaced on 8/25/2026) (gsw). (Entered: 08/25/2026)
Main Document: Judgment - Clerk
Aug 24, 2026
Minute Order (No Time) AND ~Util - Terminate Motion and R&R Deadlines/Hearings