Eastern District of California • 1:26-cv-06944
(HC) Foliaco-Fernandez v. Warden, California City ICE Detention Facility
Completed
Case Information
Filed: August 31, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 15, 2026
Last Activity:
October 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 31, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City ICE Detention Facility by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 31, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
In Forma Pauperis
#3
Aug 31, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Temporary Restraining Order
#4
Aug 31, 2026
MOTION to APPOINT COUNSEL by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Appoint Counsel
#5
Sep 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Immigration New Case Documents
#6
Sep 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, California City ICE Detention Facility (Yu, Jonathan) (Entered: 09/01/2026)
Main Document:
DESIGNATION
#7
Sep 01, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/1/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner's prior release from custody created a liberty interest that entitles Petitioner to pre-deprivation notice and opportunity to be heard. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD; see also M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. Respondents are ORDERED TO SHOW CAUSE on or before September 4, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release based on the violation of Petitioner's due process rights by filing a return as provided in 28 U.S.C. § 2243. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/01/2026)
Sep 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 01, 2026
SERVICE BY MAIL: 7 Minute Order served on Carlos Javier Foliaco-Fernandez. (Deputy Clerk GJM)
Sep 01, 2026
Service by Mail
Sep 01, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR)
#8
Sep 04, 2026
RESPONSE by Warden, California City ICE Detention Facility to 1 Petition for Writ of Habeas Corpus. Attorney Hemesath, Audrey Benison added. (Attachments: # 1 I-213, # 2 Rap Sheet)(Hemesath, Audrey) (Entered: 09/04/2026)
Main Document:
RESPONSE
#9
Sep 15, 2026
ORDER signed by District Judge Daniel J. Calabretta on 9/14/26 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in prior orders; Within 14 days of this Order, Respondents shall afford Petitioner Carlos Javier Foliaco-Fernandez a bond hearing before a neutral arbiter pursuant to section 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond must be considered; Respondents shall file a status report within 5 days of Petitioner's bond hearing, confirming a bond hearing was conducted; and the Clerk of the Court is DIRECTED to close this case and enter judgment for Petitioner. This Order resolves all pending motions. CASE CLOSED. (Deputy Clerk JAW) (Entered: 09/15/2026)
#10
Sep 15, 2026
JUDGMENT dated *9/15/26* pursuant to order signed by District Judge Daniel J. Calabretta on 9/14/26 in favor of Petitioner against Respondent. (Deputy Clerk JAW) (Entered: 09/15/2026)
Main Document:
Judgment
Sep 15, 2026
Service by Mail
Sep 15, 2026
SERVICE BY MAIL: 9 Order, 10 Judgment served on Carlos Javier Foliaco-Fernandez. (Deputy Clerk JAW)
#11
Sep 23, 2026
DESIGNATION of COUNSEL FOR SERVICE., attorney Audrey Benison Hemesath, GOVT terminated (Hemesath, Audrey) (Entered: 09/23/2026)
Main Document:
DESIGNATION
#12
Sep 29, 2026
STATUS REPORT by Warden, California City ICE Detention Facility. (Attachments: # 1 Exhibit 9/22/26-IJ Bond Order)(Yu, Jonathan) (Entered: 09/29/2026)
Main Document:
STATUS
#13
Oct 05, 2026
MOTION to ENFORCE 10 JUDGMENT and MOTION to APPOINT COUNSEL by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 10/07/2026)
Main Document:
Appoint Counsel AND Miscellaneous Relief
#14
Oct 09, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 10/9/2026: 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: 10/09/2026)
Oct 09, 2026
Minute Order
Oct 09, 2026
Service by Mail
Oct 09, 2026
SERVICE BY MAIL: 14 Minute Order served on Carlos Javier Foliaco-Fernandez. (Deputy Clerk GJM)
#15
Oct 15, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 10/15/2026 DIRECTING Respondent to file a response to 13 Motion to Enforce Judgment within 7 days and also file a recording of the 9/22/2026 bond hearing. Petitioner's reply, if any, is due within 10 days after being served with a copy of respondent's response. (Deputy Clerk KEZ) (Entered: 10/15/2026)
Oct 15, 2026
SERVICE BY MAIL: 15 Order served on Carlos Javier Foliaco-Fernandez. (Deputy Clerk KEZ)
Oct 15, 2026
Service by Mail
#16
Oct 22, 2026
OPPOSITION by Warden, California City ICE Detention Facility to 13 Motion to Appoint Counsel, Motion for Miscellaneous Relief. (Yu, Jonathan) (Entered: 10/22/2026)
Main Document:
Opposition to Motion
#17
Oct 22, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Warden, California City ICE Detention Facility re 16 . Date & Time 09/22/2026 09:00, Duration 00:22:58. File size [11.0 MB]. (Yu, Jonathan) (Entered: 10/22/2026)
Main Document:
DIGITAL
Parties
(HC) Foliaco-Fernandez
Party
Warden, California City ICE Detention Facility
Party