Southern District of California • 3:26-cv-04850

#1

Aug 25, 2026

Petition for Writ of Habeas Corpus against Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin ( Filing fee $ 5 receipt number 171809.), filed by Adriel David Sarmiento Nunez. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Index of Attachments and Exhibits, # 4 Attachment A, # 5 Petitioner Declaration, # 6 Statement of My Arrest, # 7 Exhibit - Appendix 2.2.A: ICE Custody Classification Worksheet, # 8 Certificate of Service, # 9 Receipt)The new case number is 3:26-cv-4850-TWR-AHG. Judge Todd W. Robinson and Magistrate Judge Allison H. Goddard are assigned to the case.(ggv) (Entered: 08/26/2026)

#2

Aug 26, 2026

MINUTE ORDER Requiring Response to Petition. Respondents SHALL RESPOND to Petitioner's 1 Petition on or before August 31, 2026. (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) (Entered: 08/26/2026)

Aug 26, 2026

Order Setting Briefing Schedule - Habeas Corpus

#3

Aug 28, 2026

NOTICE of Appearance and Substitution of Counsel by Danielle Lynn Brown on behalf of Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin (Attachments: # 1 Proof of Service)(Brown, Danielle)Attorney Danielle Lynn Brown added to party Sergio Albarran(pty:res), Attorney Danielle Lynn Brown added to party Patrick Divver(pty:res), Attorney Danielle Lynn Brown added to party Christopher J. LaRose(pty:res), Attorney Danielle Lynn Brown added to party Todd Lyons(pty:res), Attorney Danielle Lynn Brown added to party Markwayne Mullin(pty:res) (sjt). (Entered: 08/28/2026)

#4

Aug 31, 2026

RETURN to Petition for Writ of H/C by Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Proof of Service)(Brown, Danielle) (sjt). (Entered: 08/31/2026)

#5

Sep 10, 2026

MINUTE ORDER Requiring Supplemental Response. On or before September 16, 2026, Respondents SHALL FILE a supplemental response addressing Petitioner's argument that he is entitled to release from detention on the grounds that his re-detention without a valid warrant or lawful process violated his due process rights under the Fifth Amendment. See Minute Order Granting Petition, Lopez Lopez v. LaRose, No. 26-cv-4399 TWR (SBC) (S.D. Cal. entered Sept. 10, 2026), ECF No. 10. (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) (Entered: 09/10/2026)

Sep 10, 2026

Order

#6

Sep 11, 2026

SUPPLEMENTAL BRIEFING by Respondents Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin . (Attachments: # 1 Exhibit 1, # 2 Proof of Service)(Brown, Danielle)(sjt). (Entered: 09/11/2026)

#7

Sep 14, 2026

NOTICE of Appearance by Brian Jude McGoldrick on behalf of Adriel David Sarmiento Nunez (McGoldrick, Brian)Attorney Brian Jude McGoldrick added to party Adriel David Sarmiento Nunez(pty:pet) (sjt). (Entered: 09/14/2026)

#8

Sep 14, 2026

TRAVERSE to Petition for Writ of H/C by Adriel David Sarmiento Nunez, re 1 Petition for Writ of Habeas Corpus,, 4 Return to Petition for Writ of H/C, 6 Supplemental Briefing filed by Adriel David Sarmiento Nunez. (McGoldrick, Brian) (sjt). (Entered: 09/14/2026)

#9

Sep 15, 2026

MINUTE ORDER Requiring Further Supplemental Response. In its September 10, 2026 Minute Order Requiring Supplemental Response, the Court ordered Respondents to "address[] Petitioner's argument that he is entitled to release from detention on the grounds that his re-detention without a valid warrant or lawful process violated his due process rights under the Fifth Amendment." (See ECF No. 5 .) The Court cited to its prior decision in Lopez Lopez v. LaRose, No. 26-cv-4399 TWR (SBC) (S.D. Cal. entered Sept. 10, 2026), ECF No. 10, in which the Court, relying on the Honorable Leslie E. Kobayashi's decision in Diaz Escalante v. LaRose, No. 3:26-CV-04259 LEK-AHG, 2026 WL 2364792 (S.D. Cal. Aug. 14, 2026), "'conclude[d] that Petitioner's detention without a valid warrant or lawful process violate[d] his due process rights under the Fifth Amendment' and that '[o]nly release from detention c[ould]' remedy that Fifth Amendment violation." In Diaz Escalante, Judge Kobayashi explained that the subsequent issuance of a warrant under 8 C.F.R. § 287.3 was "unavailing" because "[Section 287.3] itself presumes a noncitizen's arrest is made consistent with [8 U.S.C. § 1357(a)(2)]." See 2026 WL 2364792, at *4 (citing 8 C.F.R. § 287.3(a)). The Court therefore ORDERS Respondents to file a further supplemental brief on or before September 18, 2026, indicating whether the administrative warrant with which Petitioner was served on June 30, 2026, (see ECF No. [6-1]), was issued before Petitioner's arrest and, if so, whether the arresting agent had sufficient particularized facts to believe that Petitioner was likely to escape before a warrant could be obtained. See Escobar Molina v. U.S. Dep't of Homeland Sec., 811 F. Supp. 3d 1, 30 (D.D.C. 2025). (no document attached) (sxd) (Entered: 09/15/2026)

Sep 15, 2026

Order

#10

Sep 16, 2026

SUPPLEMENTAL BRIEFING by Respondents Sergio Albarran, Patrick Divver, Christopher J. LaRose, Todd Lyons, Markwayne Mullin . (Attachments: # 1 Exhibit 1)(Brown, Danielle)(sjt). (Entered: 09/16/2026)

#11

Sep 18, 2026

MINUTE ORDER Granting Petition. Having reviewed the record, "the Court 'concludes that Petitioner's detention without a valid warrant or lawful process violate[d] his due process rights under the Fifth Amendment' and that '[o]nly release from detention can' remedy that Fifth Amendment violation." Minute Order Granting Petition, Lopez Lopez v. LaRose, No. 26-cv-4399 TWR (SBC) (S.D. Cal. entered Sept. 10, 2026), ECF No. 10 (alterations in original) (quoting Diaz Escalante v. LaRose, No. 3:26-CV-04259 LEK-AHG, 2026 WL 2364792, at *4 (S.D. Cal. Aug. 14, 2026)). The Court therefore GRANTS the 1 Petition, ORDERS Respondents to release Petitioner as soon as practicable, and ENJOINS Respondents from rearresting or re-detaining Petitioner in violation of 8 U.S.C. § 1357(a)(2). (no document attached) (sxd) (Entered: 09/18/2026)

Sep 18, 2026

Order