Eastern District of California • 1:26-cv-07171

(HC) Phan v. Warden of the Mesa Verde Detention Facility

Active

Case Information

Filed: September 08, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 10, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 08, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Mesa Verde Detention Facility by Ut Van Phan. (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 08, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Ut Van Phan. (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: In Forma Pauperis
#3
Sep 08, 2026
MOTION to APPOINT COUNSEL by Ut Van Phan. (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: Appoint Counsel
#4
Sep 08, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ut Van Phan. (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: Temporary Restraining Order
Sep 08, 2026
RECEIPT number 100009514 for $5.00 for Ut Van Phan from The Geo Group Inc.. (Deputy Clerk SZ)
#6
Sep 09, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/09/2026)
Main Document: Immigration New Case Documents
#7
Sep 09, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 4). Petitioner (A File #: 043-069-898) asserts that he has been detained since May 2026 (Doc. 4 at 20). He does not adequately explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. The response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (including the I-213) and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing, to preserve the Court's jurisdiction and to preserve Petitioner's access to the Court and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief signed by District Judge Jennifer L. Thurston on September 9, 2026. (Deputy Clerk IM) (Entered: 09/09/2026)
#8
Sep 09, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden of the Mesa Verde Detention Facility (Soto-Perez, Gabriel) (Entered: 09/09/2026)
Main Document: DESIGNATION
Sep 09, 2026
Service by Mail
Sep 09, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents served on Ut Van Phan. (Deputy Clerk SZ)
Sep 09, 2026
SERVICE BY MAIL: 7 Minute Order on Motion for TRO served on Ut Van Phan. (Deputy Clerk IM)
Sep 09, 2026
Order on Motion for TRO
#9
Sep 10, 2026
ORDER DENYING Petitioner's 3 Motion to Appoint Counsel without Prejudice signed by Magistrate Judge Stanley A. Boone on 09/10/2026. (Deputy Clerk EF) (Entered: 09/10/2026)
Main Document: Order on Motion to Appoint Counsel
Sep 10, 2026
Service by Mail
Sep 10, 2026
SERVICE BY MAIL: 9 Order on Motion to Appoint Counsel served on Ut Van Phan. (Deputy Clerk EF)

Parties

(HC) Phan
Party
Warden of the Mesa Verde Detention Facility
Party