Eastern District of California • 1:26-cv-06983

(HC) Portillo Garcia v. Warden, Central Valley Annex

Active

Case Information

Filed: September 01, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 01, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by James Christopher Portillo Garcia. (Deputy Clerk DAR) (Entered: 09/02/2026)
Main Document: Petition for Writ of Habeas Corpus
Sep 01, 2026
RECEIPT number 100009416 for $5.00 for James Christopher Portillo Garcia from Maria CiFuentes. (Deputy Clerk DAR)
#2
Sep 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/02/2026)
Main Document: Immigration New Case Documents
#3
Sep 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/2/2026: 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: 09/02/2026)
#4
Sep 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Warden, Central Valley Annex (Harman, Joseph) (Entered: 09/02/2026)
Main Document: DESIGNATION
Sep 02, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on James Christopher Portillo Garcia. (Deputy Clerk DAR)
Sep 02, 2026
SERVICE BY MAIL: 3 Minute Order served on James Christopher Portillo Garcia. (Deputy Clerk MDK)
Sep 02, 2026
Minute Order
Sep 02, 2026
Service by Mail
#5
Sep 03, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 9/3/2026 DIRECTING Respondents to file an answer or motion to dismiss within 7 days from the date of this order. Petitioner's reply/traverse to the answer or opposition due within 10 days after being served with a copy of respondent's answer or motion to dismiss with replies due within 7 days after being served with the opposition. (Deputy Clerk VLK)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 03, 2026
SERVICE BY MAIL: 5 Order served on James Christopher Portillo Garcia. (Deputy Clerk VLK)
Sep 03, 2026
Service by Mail
#6
Sep 09, 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. (Anonymous) (Entered: 09/09/2026)
Main Document: CONSENT/DECLINE
#7
Sep 09, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden, Central Valley Annex. (Attachments: # 1 Exhibit I-213, # 2 Exhibit Notice of Hearing, # 3 Exhibit RAP Sheet, # 4 Exhibit I-200, # 5 Exhibit 7-27 Bond Order, # 6 Exhibit 8-27 Bond Order)(Harman, Joseph) (Entered: 09/09/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#9
Oct 19, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/19/2026 RECOMMENDING that: The 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to immediately release Petitioner James Christopher Portillo Garcia (A# 206-767-738) and be ordered to provide Petitioner with a copy of the release order at or near the time of release. If Respondent has custody of Petitioner's personal possessions and documents (e.g., identification, passport, work permit, Social Security card, etc.), Respondent shall return those to Petitioner at the time of release; Respondent be enjoined and restrained from re-detaining Petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation co nstitutionally adequate bond hearing before a neutral decisionmaker, that Petitioner is a flight risk or danger to the community such that physical custody is legally justified. This injunction does not address other circumstances where detention aut hority is established under different authority than what is presented in this case (e.g., 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231); Given Petitioner's pro se status, Respondent be directed to file, within 7 days of the adoption of these findings and recommendations, a status report addressing Petitioner's status; and that the Clerk be directed to enter judgment in favor of Petitioner and close this case. Referred to Judge Troy L. Nunley. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)
Main Document: Findings and Recommendations
Oct 19, 2026
Service by Mail
#10
Oct 26, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#11
Oct 30, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 10/29/2026 ADOPTING the findings and recommendations; GRANTING the petition for writ of habeas corpus; Respondent is ordered to IMMEDIATELY RELEASE Petitioner James Christopher P.G. (A# 206-767-738) and is ordered to provide Petitioner with a copy of this Order at or near the time of release. At the time of release, Respondent must return all of Petitioner's documents and possessions. Respondent shall file a notice of complian ce with this provision of the Court's Order within 2 court days from the date of this Order. Respondent is ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional prote ctions, including a minimum of 7-days' notice and a pre-deprivation 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 appear s at future immigration proceedings outweighs Petitioner's constitutionally 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. (cc ICE Central Valley Annex) CASE CLOSED. (Deputy Clerk RRB)
Main Document: Findings and Recommendations AND Order AND ~Util - Set/Clear Flags AND ~Util - Terminate Civil Case
#12
Oct 30, 2026
Judgment
Main Document: Judgment
Oct 30, 2026
Service by Mail
#13
Nov 02, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) Portillo Garcia
Party
Warden, Central Valley Annex
Party