Southern District of California • 3:26-cv-04701

#1

Aug 17, 2026

Petition for Writ of Habeas Corpus against Jeremy Casey, W. Cuevas (Filing fee $ 5 receipt number 171640), filed by Yohanna Berenice Acosta. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Receipt)The new case number is 3:26-cv-4701-LL-GC. Judge Linda Lopez and Magistrate Judge Guillermo Cabrera are assigned to the case.(bdc) (Entered: 08/18/2026)

#2

Aug 17, 2026

MOTION for Leave to Proceed in forma pauperis by Yohanna Berenice Acosta. (bdc) (Entered: 08/18/2026)

#3

Aug 17, 2026

MOTION to Appoint Counsel by Yohanna Berenice Acosta. (bdc) (Main Document 3 replaced on 8/18/2026) (bdc). (Entered: 08/18/2026)

#4

Aug 19, 2026

NOTICE OF RELATED CASE(S) by Jeremy Casey of case(s) No. 26-cv-2927-JO-DEB . (Dimbleby, Erin)(gsw) (Entered: 08/19/2026)

#5

Aug 19, 2026

ORDER Conditionally Appointing Counsel and Setting Briefing Schedule (Returns due by 9/2/2026), (Amended Pleadings due by 8/26/2026) Traverse due by 9/8/2026. Signed by Judge Linda Lopez on 8/19/2026.(bdc) (Entered: 08/19/2026)

#6

Aug 19, 2026

ORDER Denying Motion to Proceed in Forma Pauperis as Moot 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Linda Lopez on 8/19/2026. (bdc) (Entered: 08/19/2026)

#7

Aug 19, 2026

MINUTE ORDER OF TRANSFER. Judge Linda Lopez, Magistrate Judge Guillermo Cabrera is no longer assigned. Case reassigned to Judge Jinsook Ohta and Magistrate Judge Daniel E. Butcher for all further proceedings. The new case number is 26cv4701-JO-DEB.(All non-registered users served via U.S. Mail Service)(no document attached) (bdc) (Entered: 08/19/2026)

Aug 19, 2026

Order of Judge Transfer

#8

Aug 20, 2026

NOTICE of Appearance by Kara Lee Hartzler on behalf of Yohanna Berenice Acosta (Hartzler, Kara)Attorney Kara Lee Hartzler added to party Yohanna Berenice Acosta(pty:pet)(gsw) (Entered: 08/20/2026)

#9

Aug 24, 2026

**WITHDRAWN PER ECF NO. 10 ** AMENDED PETITION FOR WRIT OF HABEAS CORPUS with Jury Demand against Markwayne Mullin, Todd Blanche, Todd Lyons, Jesus Rocha, Christopher LaRose, filed by Yohanna Berenice Acosta. (Attachments: # 1 Exhibit A) (Hartzler, Kara)(gsw) (Entered: 08/24/2026)

#10

Aug 25, 2026

NOTICE OF WITHDRAWAL OF DOCUMENT by Yohanna Berenice Acosta re 9 Amended Petition for Writ of Habeas Corpus filed by Yohanna Berenice Acosta . (Hartzler, Kara)(gsw) (Entered: 08/25/2026)

#11

Aug 26, 2026

AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Todd Blanche, Jeremy Casey, Christopher LaRose, Todd Lyons, Markwayne Mullin, filed by Yohanna Berenice Acosta. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Hartzler, Kara)(gsw) (Entered: 08/26/2026)

#12

Sep 01, 2026

NOTICE of Appearance and Substitution of Counsel by Michael Damon Wallace on behalf of Todd Blanche, Jeremy Casey, W. Cuevas, Christopher LaRose, Todd M. Lyons, Markwayne Mullin, Jesus Rocha (Wallace, Michael)Attorney Michael Damon Wallace added to party Todd Blanche(pty:res), Attorney Michael Damon Wallace added to party Jeremy Casey(pty:res), Attorney Michael Damon Wallace added to party W. Cuevas(pty:res), Attorney Michael Damon Wallace added to party Christopher LaRose(pty:res), Attorney Michael Damon Wallace added to party Todd M. Lyons(pty:res), Attorney Michael Damon Wallace added to party Markwayne Mullin(pty:res), Attorney Michael Damon Wallace added to party Jesus Rocha(pty:res)(gsw) (Entered: 09/01/2026)

#13

Sep 02, 2026

RETURN to Petition for Writ of H/C by Todd Blanche, Jeremy Casey, W. Cuevas, Christopher LaRose, Todd M. Lyons, Markwayne Mullin, Jesus Rocha. (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8)(Wallace, Michael)(gsw) (Entered: 09/02/2026)

#14

Oct 05, 2026

Minute Order by Judge Jinsook Ohta: Yohanna Berenice Acosta filed an amended petition for writ of habeas corpus challenging her nine-month immigration detention without a bond hearing as a violation of the Fifth Amendment Due Process Clause. Dkt. 11. Although Petitioner concedes she is subject to detention under § 1225(b) of the Immigration and Nationality Act, which mandates detention during the pendency of her removal proceedings, she argues that the Constitution entitles her to an individualized bond hearing. For the reasons stated below, the Court DISMISSES the habeas petition without prejudice.1. On January 23, 2025, Petitioner entered the United States and was granted release on parole. Dkt. 13-1 at 4. Petitioner subsequently left the country and attempted to reenter on October 7, 2025. Id. at 26-27. Upon her reentry, the United States Marshals took Petitioner into criminal custody for failing to report for probation in connection with a prior criminal conviction, and the Department of Homeland Security served Petitioner with an immigration detainer to ensure Petitioner would be transferred to immigration custody upon her release. Id. at 27. On December 19, 2025, Petitioner was released from criminal custody and immediately transferred to the Imperial Regional Detention Facility, where she has remained in immigration detention for nine months. Id. at 30.2. For the reasons stated in Esquivel Pacheco v. LaRose, 818 F. Supp. 3d 1168, 1174-75 (S.D. Cal. 2026), the Court finds that 8 U.S.C. §§ 1252(g), (a)(5), and (b)(9) do not bar Petitioner's collateral challenge to the constitutionality and legality of her current detention.3. For the reasons stated in Faizi v. Larose, No. 25-CV-02974-JO-MSB, 2026 WL 1112035, *3-*5 (S.D. Cal. Apr. 24, 2026), the Court examines whether, notwithstanding statutory authorization, Petitioner's prolonged detention without a bond hearing violates the Due Process Clause. As explained in Faizi, the Court considers the likely duration of detention---both elapsed and anticipated---and whether Petitioner's removal proceedings have been delayed through no fault of her own. See id. Here, although Petitioner has been detained for almost nine months, she requested fifteen continuances between January 12, 2026 to August 24, 2026 to obtain counsel and allow time for her or her counsel to prepare the case. Dkt. 13-1 at 35-38. As a result, nearly eight of Petitioner's nine months in immigration detention appear to be attributable to her own requests for continuances to prepare her case, rather than to government delay. Because a substantial majority of Petitioner's immigration detention resulted from delays attributable to her, the Court finds that her detention has not become unconstitutional under the Fifth Amendment's Due Process Clause.4. Therefore, the Court DISMISSES the petition without prejudice to refiling another petition if her detention continues. Signed by Judge Jinsook Ohta on 10/5/2026. (mk) (Entered: 10/05/2026)

Oct 05, 2026

Minute Order (No Time)