Eastern District of California • 1:26-cv-07161

(HC) Bare v. Warden of the Central Valley Annex Detention Facility

Completed

Case Information

Filed: September 08, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 15, 2026
Last Activity: November 03, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 08, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Central Valley Annex Detention Facility by Claude Muchemwa Bare. (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 08, 2026
MOTION to APPOINT COUNSEL by Claude Muchemwa Bare. (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: Appoint Counsel
#3
Sep 08, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Claude Muchemwa Bare. (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: Temporary Restraining Order
Sep 08, 2026
RECEIPT number 100009500 for $5.00 for Claude Bare from Geo Secure Services LLC. (Deputy Clerk SZ)
#4
Sep 09, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: Immigration New Case Documents
#5
Sep 09, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/09/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file a response to the 1 petition by September 11, 2026. Pending the Court's decision, 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"). (Deputy Clerk VMG) (Entered: 09/09/2026)
#6
Sep 09, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden of the Central Valley Annex Detention Facility (Hemesath, Audrey) (Entered: 09/09/2026)
Main Document: DESIGNATION
Sep 09, 2026
SERVICE BY MAIL: 5 Minute Order, served on Claude Muchemwa Bare. (Deputy Clerk VMG)
Sep 09, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Claude Muchemwa Bare. (Deputy Clerk SZ)
Sep 09, 2026
Minute Order
Sep 09, 2026
Service by Mail
#7
Sep 10, 2026
OPPOSITION by Respondent Warden of the Central Valley Annex Detention Facility to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 I-213, # 2 rap sheet)(Hemesath, Audrey) (Entered: 09/10/2026)
Main Document: OPPOSITION
#8
Sep 11, 2026
EXHIBIT C - IJ Order by Warden of the Central Valley Annex Detention Facility re 7 Opposition. (Hemesath, Audrey) (Entered: 09/11/2026)
Main Document: EXHIBIT
#9
Sep 11, 2026
CERTIFICATE / PROOF of SERVICE by Warden of the Central Valley Annex Detention Facility re 8 Exhibit. (Hemesath, Audrey) (Entered: 09/11/2026)
Main Document: Certificate / Proof of Service
#10
Sep 14, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/14/2026: (Text Only Entry). The 1 petition is DENIED WITHOUT PREJUDICE. Respondents contend that Bare is detained pursuant to 8 U.S.C. § 1226(a) and that he was provided a bond hearing in immigration court. Doc. 7. Bare does not provide evidence to dispute this. See Doc. 1 at 5-7. Respondents submitted a record of the disposition of Bare's custody redetermination hearing, at which he was found to be a danger to the community and a flight risk. Doc. 8 at 1-3. Petitioner has not exhausted his administrative remedies. Though the record of his hearing indicates he reserved the ability to appeal, he does not appear to have done so. Id. at 4. The petition is denied for failure to exhaust administrative remedies. The 3 motion for temporary restraining order is DENIED as moot. The Clerk of Court is directed to close this case. (gm) (Entered: 09/14/2026)
Sep 14, 2026
Minute Order
#11
Sep 21, 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 MR) (Entered: 09/23/2026)
Main Document: CONSENT/DECLINE
#12
Oct 27, 2026
Amended Petition for Writ of Habeas Corpus
Main Document: Amended Petition for Writ of Habeas Corpus
Nov 02, 2026
Minute Order
Nov 03, 2026
Minute Order

Parties

(HC) Bare
Party
Warden of the Central Valley Annex Detention Facility
Party