Eastern District of California • 1:26-cv-07040

#1

Sep 02, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Mesa Verde Detention Facility by Jose Alberto Rojas Villafana. (Deputy Clerk LJB) (Entered: 09/03/2026)

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Sep 02, 2026

MOTION to APPOINT COUNSEL by Jose Alberto Rojas Villafana. (Deputy Clerk LJB) (Entered: 09/03/2026)

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Sep 02, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Jose Alberto Rojas Villafana. (Deputy Clerk LJB) (Entered: 09/03/2026)

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Sep 02, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 09/03/2026)

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Sep 03, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Jose Alberto Rojas Villafana signed by Visiting Judge Micah WJ Smith on 09/03/2026. (Deputy Clerk LJB) (Entered: 09/03/2026)

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Sep 03, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for Warden of the Mesa Verde Detention Facility (Paniagua, Carmen) (Entered: 09/03/2026)

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Sep 03, 2026

EO: The court has received and reviewed Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241. Dkt. No. 1 . The court intends to rule on the petition. See 28 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 8, 2026, Respondent is ORDERED to answer in writing the following questions:1. Is Petitioner subject to a final order of removal? If so, after being ordered removed, was Petitioner released under an order of supervision or otherwise released from custody by immigration authorities? If Petitioner was released, are there any factual or legal bases to distinguish this case from cases like Afshin A.N. v. Chestnut, No. CV 1:26-cv-03813-MWJS, 2026 WL 1726781 (E.D. Cal. June 15, 2026)?2. In Respondent's view, is Petitioner subject to mandatory detention pursuant to any provision of the Immigration and Nationality Act other than 8 U.S.C. § 1225(b)(2)? If the answer is yes, what is the relevant detention authority and why does Respondent think that it applies to Petitioner?3. Other than the circumstances covered by the first question, was Petitioner otherwise ever detained and released by immigration authorities? If the answer is yes, what were the circumstances of that release, and are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners in a variety of circumstances have been granted immediate release? See, e.g., Maxo Ben G. v. Warden of Mesa Verde Det. Facility, No. 1:26-cv-03776-MWJS, 2026 WL 1457554 (E.D. Cal. May 21, 2026); Kallebe C.L. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-03651-MWJS, 2026 WL 1374754 (E.D. Cal. May 14, 2026); A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS, 2026 WL 1190220 (E.D. Cal. Apr. 29, 2026); Sergio D.L.S. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026).4. If Petitioner was not previously detained and released by immigration authorities, are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners have been granted bond hearings? See, e.g., Juana G.R.P. v. Warden of the Cal. City Det. Facility, No. 1:26-cv-04406-MWJS, 2026 WL 1712375 (E.D. Cal. June 12, 2026); Bertoldo B.F. v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-03634-MWJS, 2026 WL 1638322 (E.D. Cal. June 4, 2026)?5. Was Petitioner previously granted a bond hearing before an immigration judge? If the answer is yes, when was that hearing held, what was the outcome, and what was the reasoning underlying the immigration judge's decision?6. Petitioner may file a reply on or before September 11, 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. Given the court's ongoing consideration of the petition, and unless and until the court orders otherwise, the court ORDERS that Respondent shall not transfer or otherwise take Petitioner out of the Eastern District of California. 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").IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/03/2026)

Sep 03, 2026

Minute Order

Sep 03, 2026

SERVICE BY MAIL: 4 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 5 Immigration New Case Documents served on Jose Alberto Rojas Villafana. (Deputy Clerk LJB)

Sep 03, 2026

SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, was served on Jose Alberto Rojas Villafana. (Deputy Clerk AB)

Sep 03, 2026

Service by Mail

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Sep 08, 2026

OPPOSITION by Respondent Warden of the Mesa Verde Detention Facility to 7 Minute Order,,,,,,,,,,,,,, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1 (I-213-1), # 2 Exhibit 2 (213-2), # 3 Exhibit 3 (NTA), # 4 Exhibit 4 (I-200), # 5 Exhibit 5 (RAP), # 6 Exhibit 6 (IJ Order))(Paniagua, Carmen) (Entered: 09/08/2026)

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Sep 14, 2026

ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS IN PART signed by District Judge Micah W. J. Smith on 9/14/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 09/14/2026)

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Sep 14, 2026

JUDGMENT dated *9/14/2026* pursuant to Dkt. No. 9 Order signed by District Judge Micah W. J. Smith on 9/14/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 09/14/2026)

Sep 14, 2026

SERVICE BY MAIL: A copy of Dkt. No. 9 Order, and Dkt. No. 10 Judgment, was served on Jose Alberto Rojas Villafana. (Deputy Clerk AB)

Sep 14, 2026

Service by Mail

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Sep 22, 2026

EO: On September 14, 2026, the court granted the petition in part and enjoined and restrained Respondent from continuing to detain Petitioner unless he demonstrated that Petitioner had received a bond hearing within seven days. Dkt. No. 9 . The court also directed Respondent to file a status report on or before September 21, 2026, but he failed to do so. Respondent is ORDERED to file a status report on or before September 23, 2026, confirming whether a bond hearing has been held and, if so, the outcome of that hearing. If a bond hearing has been held, the status report must include a copy of the immigration judge's decision or an explanation of why the decision is not available. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/22/2026)

Sep 22, 2026

SERVICE BY MAIL: A copy of Dkt. No. 11 Entering Order, was served on Jose Alberto Rojas Villafana. (Deputy Clerk AB)

Sep 22, 2026

Minute Order

Sep 22, 2026

Service by Mail

#12

Sep 23, 2026

STATUS REPORT by Warden of the Mesa Verde Detention Facility. Attorney Yu, Jonathan added. (Attachments: # 1 Exhibit ORDER OF IJ 09/21/2026)(Yu, Jonathan) (Entered: 09/23/2026)

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Oct 05, 2026

MEMORANDUM in SUPPORT OF re 1 Petition by Jose Alberto Rojas Villafana. (Deputy Clerk MR) (Entered: 10/06/2026)

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Oct 07, 2026

EO: Before the Court is Petitioner's memorandum of law. Dkt. No. 13 . To the extent Petitioner seeks to "amend" his petition, Dkt. No. 1, that request is DENIED. Nothing in the current record suggests that Petitioner is now subject to a final order of removal and that both the ninety-day removal period, see 8 U.S.C. § 1231(a), and any presumptively reasonable, six-month period of post-removal-order detention have expired, see Zadvydas v. Davis, 533 U.S. 678 (2001). To the extent Petitioner also seeks to challenge an immigration judge's denial of his bond request, he may not do so at this time.See generally Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017) ("If a petitioner fails to exhaust prudentially required administrative remedies, then a district court ordinarily should either dismiss the petition without prejudice or stay the proceedings until the petitioner has exhausted remedies." (cleaned up)). Petitioner has not shown that he already exhausted his administrative remedies, nor has he demonstrated that waiving the exhaustion requirement would be appropriate here. This case therefore remains CLOSED. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 10/07/2026)

Oct 07, 2026

SERVICE BY MAIL: A copy of Dkt. No. 14 Entering Order, was served on Jose Alberto Rojas Villafana on 10/7/2026. (Deputy Clerk AB)

Oct 07, 2026

Minute Order

Oct 07, 2026

Service by Mail