Eastern District of California • 1:26-cv-07001

(HC) Diaz Velez v. Collins

Completed

Case Information

Filed: September 02, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: September 08, 2026
Last Activity: September 11, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 08, 2026
Petition for Writ of Habeas Corpus (Filing fee DUE.), filed by Luis Alejandro Diaz Velez. (Attachments: # 1 Table of Contents, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit I, # 10 Envelope)(cr5) [Transferred from txwd on 9/2/2026.] (Entered: 07/09/2026)
Main Document: Petition
#2
Jul 08, 2026
STANDING ORDER (dated 05/20/2026) REFERRING CASE to Magistrate Judge Dustin M. Howell. Signed by Judge Andrew B Davis. (cr5) [Transferred from txwd on 9/2/2026.] (Entered: 07/09/2026)
Main Document: STANDING
Jul 08, 2026
Case assigned to Judge Andrew B Davis. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5) [Transferred from txwd on 9/2/2026.]
Jul 08, 2026
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (cr5) [Transferred from txwd on 9/2/2026.]
#3
Jul 13, 2026
ORDER DENYING WITHOUT PREJUDICE 1 PETITION FOR WRIT OF HABEAS CORPUS to refiling with the required filing fee or a motion to proceed in forma pauperis before August 12, 2026. Signed by Judge Andrew B Davis. (Attachments: # 1 Blank Application to Proceed In Forma Pauperis). (cnr) [Transferred from txwd on 9/2/2026.] (Entered: 07/13/2026)
Main Document: ORDER
#4
Jul 13, 2026
Receipt for Filing fee received in the amount of $5, receipt number 3671. (cnr) [Transferred from txwd on 9/2/2026.] (Entered: 07/15/2026)
Main Document: Receipt
#5
Jul 15, 2026
NOTICE of Change of Address by Margiore Velez Ortiz on behalf of Luis Alejandro Diaz Velez. (cnr) [Transferred from txwd on 9/2/2026.] (Entered: 07/16/2026)
Main Document: NOTICE
#6
Jul 17, 2026
ORDER TO SHOW CAUSE AND VACATING REFERRAL. (Show Cause Response due by 7/27/2026). Signed by Judge Andrew B Davis. (cnr) [Transferred from txwd on 9/2/2026.] (Entered: 07/17/2026)
Main Document: ORDER
#7
Jul 20, 2026
ADVISORY TO THE COURT by United States of America . (Playton, Christina) [Transferred from txwd on 9/2/2026.] (Entered: 07/20/2026)
Main Document: ADVISORY
#8
Jul 27, 2026
RESPONSE by Charlotte Collins. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Payen, Florince) [Transferred from txwd on 9/2/2026.] (Entered: 07/27/2026)
Main Document: RESPONSE
#9
Jul 27, 2026
CERTIFICATE OF SERVICE by Charlotte Collins (Payen, Florince) [Transferred from txwd on 9/2/2026.] (Entered: 07/27/2026)
Main Document: CERTIFICATE
Jul 27, 2026
DEFICIENCY NOTICE to Florince Payen: re 8 Response. Pursuant to the 5 Notice of Change of Address, the Petitioner is now detained in the Central Valley Annex. However, the certificate of service indicates a copy of this response was mailed to the T. Don Hutto Detention Center. Please ONLY re-file a Corrected Certificate of Service in full pleading format stating the means of service employed. Use the "Certificate of Service" event under the "Service of Process" menu and link it to the original document. DO NOT REFILE THE ENTIRE DOCUMENT. Additionally, please include the alien number when mailing a copy to the opposing pro se party. (cnr) [Transferred from txwd on 9/2/2026.]
#11
Aug 20, 2026
Motion to Transfer Pending 2241 Habeas Corpus Action to the United States District Court for the Eastern District of California by Luis Alejandro Diaz Velez. (Attachments: # 1 Declaration, # 2 Certicate of Service, # 3 Envelope). (cnr) [Transferred from txwd on 9/2/2026.] (Entered: 08/24/2026)
Main Document: Motion
#12
Sep 01, 2026
ORDER GRANTING 11 Motion to Transfer Case. The Court directs the Clerk of Court to transfer this case to the U.S. District Court for the Eastern District of California. Signed by Judge Andrew B Davis. (cnr) [Transferred from txwd on 9/2/2026.] (Entered: 09/02/2026)
Main Document: Order on Application
#13
Sep 02, 2026
CASE TRANSFERRED IN from District of Texas Western; Case Number 1:26-cv-01872. (Entered: 09/02/2026)
Main Document: Case Transferred In - District Transfer
#14
Sep 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 09/02/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#15
Sep 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for United States of America,Quinn Disparte, GOVT for Charlotte Collins (Disparte, Quinn) (Entered: 09/02/2026)
Main Document: DESIGNATION
Sep 02, 2026
Service by Mail
Sep 02, 2026
SERVICE BY MAIL: 14 Immigration New Case Documents Luis Alejandro Diaz Velez. (Deputy Clerk JPX)
#16
Sep 03, 2026
EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus. Pending the court's decision on the Petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). The issues raised in the Petition appear to mirror those previously addressed by other district judges in many prior cases. See Nepal S. v. Warden, Golden State Annex Detention Facility, No. 1:26-cv-06126-MWJS; Duque Jaramillo v. Mullin, No. 1:26-cv-04029-MWJS;Germinal v. Warden of the Mesa Verde Detention Facility, 1:26-cv-03776-MWJS; Talavera-Heredia v. Warden of the Cent. Valley Annex, No. 1:26-cv-03179; De Leon Sales v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS. Given the substantial percolation of these issues, the court intends to rule directly on the Petition. See28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."). On or before September 4, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from prior orders such as the ones listed above and justify denying the Petition, or indicate this matter is not substantively distinguishable. If Respondents wish to stand on the submissions made by the government prior to the transfer of this case into the Eastern District of California, see Dkt. Nos. 7, 8, they may indicate as much in their response. Petitioner may file a reply on or before September 8, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/03/2026)
Sep 03, 2026
Service by Mail
Sep 03, 2026
Minute Order
Sep 03, 2026
SERVICE BY MAIL: A copy of Dkt. No. 16 Entering Order, was served on Luis Alejandro Diaz Velez. (Deputy Clerk AB)
#17
Sep 04, 2026
RESPONSE to 16 ORDER to SHOW CAUSE by United States of America, Charlotte Collins. (Attachments: # 1 NTA, # 2 I-286, # 3 I-213, # 4 I-200)(Disparte, Quinn) (Entered: 09/04/2026)
Main Document: RESPONSE
#18
Sep 08, 2026
ORDER signed by District Judge Micah W.J. Smith on 9/8/2026 GRANTING 1 Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Luis Alejandro Diaz Velez (A# 226-020-661) from custody under the same conditions he was released prior to his current detention. Respondents must file a notice certifying compliance with this provision of the Court's Order within 2 court days from the date of this Order. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. (cc: ICE - Central Valley Annex) CASE CLOSED. (Deputy Clerk AB) (Entered: 09/08/2026)
Main Document: Order AND ~Util - Terminate Civil Case
#19
Sep 08, 2026
JUDGMENT dated *9/8/2026* pursuant to Dkt. No. 18 Order signed by District Judge Micah W. J. Smith on 9/8/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 09/08/2026)
Main Document: Judgment
Sep 08, 2026
SERVICE BY MAIL: A copy of Dkt. No. 18 Order, and Dkt. No. 19 Judgment, was Luis Alejandro Diaz Velez. (Deputy Clerk AB)
Sep 08, 2026
Service by Mail
#20
Sep 10, 2026
MOTION for Leave to File First Amended 1 Petition for Writ of Habeas Corpus by Luis Alejandro Diaz Velez. (Deputy Clerk LJB) (Entered: 09/11/2026)
Main Document: Amend the Complaint/Petition
#21
Sep 10, 2026
LODGED FIRST AMENDED COMPLAINT filed by Luis Alejandro Diaz Velez. (Deputy Clerk LJB) (Entered: 09/11/2026)
Main Document: LODGED
Sep 10, 2026
RECEIPT number 100009547 for $5.00 for Petitioner from Luis Alejandro Diaz Velez. (Deputy Clerk LJB)
#22
Sep 11, 2026
NOTICE OF COMPLIANCE by United States of America, Charlotte Collins. (Disparte, Quinn) (Entered: 09/11/2026)
Main Document: Notice of Compliance

Parties

Collins
Party
(HC) Diaz Velez
Party