Eastern District of California • 1:26-cv-07110
(HC) Sunny v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: September 04, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 04, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Golden State Annex Detention Facility by Chukwuelce Chibuzor Sunny. (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 04, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Chukwuelce Chibuzor Sunny. (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document:
In Forma Pauperis
#3
Sep 08, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Chukwuelce Chibuzor Sunny signed by Magistrate Judge Erica P. Grosjean on 09/08/2026. (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#4
Sep 08, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document:
Immigration New Case Documents
#5
Sep 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden of the Golden State Annex Detention Facility (Hemesath, Audrey) (Entered: 09/08/2026)
Main Document:
DESIGNATION
Sep 08, 2026
Service by Mail
Sep 08, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents, 3 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Chukwuelce Chibuzor Sunny. (Deputy Clerk SZ)
#6
Sep 11, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/11/2026: (Text Only Entry). Examination of this action reveals that it is related to Chukwueke v. Warden, Golden State Annex Detention Facility, et al., 1:26-cv-04314-DJC-CKD, within the meaning of Local Rule 123(a). See Local Rule 123(a)(1), (2). Accordingly, the assignment of this matter to the same judge and magistrate judge as in Chukwueke v. Warden, Golden State Annex Detention Facility, et al., 1:26-cv-04314-DJC-CKD, is likely to affect a substantial savings of judicial effort and is likely to be convenient for the parties. It is hereby ORDERED that 1:26-cv-07110-KES-EPG is reassigned from District Judge Kirk E. Sherriff and Magistrate Judge Erica P. Grosjean to District Judge Daniel J. Calabretta and Magistrate Judge Carolyn K. Delaney. The caption on documents filed in the reassigned case shall be shown as 1:26-cv-07110-DJC-CKD. It is further ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Deputy Clerk VMG) (Entered: 09/11/2026)
Sep 11, 2026
Minute Order
Sep 11, 2026
SERVICE BY MAIL: 6 Minute Order served on Chukwuelce Chibuzor Sunny. (Deputy Clerk VMG)
Sep 11, 2026
Service by Mail
#7
Sep 14, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/14/2026: Upon review, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file an Amended Petition or Supplemental Brief in support the Petition. If nothing is filed in that time, the Court will proceed on the current Petition. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 09/14/2026)
Sep 14, 2026
SERVICE BY MAIL: 7 Minute Order served on Chukwuelce Chibuzor Sunny. (Deputy Clerk GJM)
Sep 14, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 14, 2026
Service by Mail
#8
Sep 16, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/16/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 7. Attorney Ellen V. Leonida is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Ellen V. Leonida, Sideman & Bancroft LLP, 1 Embarcadero Ctr, Fl 22, San Francisco, CA 94111-3711, 415-392-1960, eleonida@sideman.com as counsel for Petitioner in this matter, nunc pro tunc to 9/16/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/16/2026)
Sep 16, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#9
Sep 17, 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. (Deputy Clerk JAW) (Entered: 09/18/2026)
Main Document:
CONSENT/DECLINE
#10
Sep 30, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Chukwuelce Chibuzor Sunny.(Leonida, Ellen) (Entered: 09/30/2026)
Main Document:
Amended Petition for Writ of Habeas Corpus
#11
Sep 30, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/30/2026: The Court is in receipt of Petitioner's First Amended Petition for Writ of Habeas Corpus (ECF No. 10 ). On review, the Petition appears to state a claim on which Petitioner is entitled to relief. Respondents are ORDERED TO SHOW CAUSE on or before October 6, 2026, as to why the Court should not grant a writ of habeas corpus by filing a return as provided in 28 U.S.C. § 2243. With their return, Respondents shall file the most recent available Form I-213 for Petitioner. Petitioner may file a Reply on or before October 9, 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. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/30/2026)
#12
Sep 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT,Edward Oh, GOVT for Warden of the Golden State Annex Detention Facility (Weger, Shelley) (Entered: 09/30/2026)
Main Document:
DESIGNATION
Sep 30, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Oct 05, 2026
DESIGNATION of COUNSEL FOR SERVICE., attorney Audrey Benison Hemesath, GOVT terminated (Hemesath, Audrey) (Entered: 10/05/2026)
Main Document:
DESIGNATION
#14
Oct 06, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden of the Golden State Annex Detention Facility. (Attachments: # 1 Exhibit A)(Oh, Edward) (Entered: 10/06/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#15
Oct 09, 2026
REPLY by Chukwuelce Chibuzor Sunny re 14 Answer to Petition for Writ of Habeas Corpus, 10 Amended Petition for Writ of Habeas Corpus. (Leonida, Ellen) (Entered: 10/09/2026)
Main Document:
REPLY
#16
Nov 06, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 11/6/2026 GRANTING 1 Petition for Writ of Habeas Corpus as to the Second Ground for Relief; ORDERING Respondents to immediately release Petitioner CHIBUZOR SUNNY CHUKWUEKE (A# 240-137-3 85) from their custody and return all of Petitioner's documents and possessions; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner without a change in circumstances to warrant Petitioner's re-det ention; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve Golden State Annex Detention Facility with a copy of this Order. The Clerk of the Court shall change Petitioner's name to Chibuzor Sunny Chukwueke on the docket to reflect Petitioner's correct name. CASE CLOSED. (cc: ICE–Golden State Annex Detention Facility, PSWC) (Deputy Clerk GJM)
#17
Nov 06, 2026
Judgment
Main Document:
Judgment
Parties
(HC) Sunny
Party
Warden of the Golden State Annex Detention Facility
Party