Eastern District of California • 1:26-cv-07206

(HC) Palomo Arroyo v. Warden, California City

Active

Case Information

Filed: September 08, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 13, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 08, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City by Hilario Palomo Arroyo. (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 10, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document: Immigration New Case Documents
#3
Sep 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, California City (Yu, Jonathan) (Entered: 09/10/2026)
Main Document: DESIGNATION
Sep 10, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Hilario Palomo Arroyo. (Deputy Clerk DAR)
Sep 10, 2026
Service by Mail
#4
Sep 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/11/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/11/2026)
#5
Sep 11, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/11/2026: Petitioner, an immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. Accordingly, it is hereby ORDERED that: 1. Within seven days of this order's service, respondent must file an answer to the petition. The answer must address the merits of the petition and set forth the "true cause of the detention." See 28 U.S.C. § 2243. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. Respondent shall attach any documents necessary for resolving the issues presented in the petition. Arguments that are not supported with relevant evidence will not be considered. 2. Petitioner may file a traverse to respondent's answer within seven days of the date of service of that answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 3. If respondent learns of petitioner's removal or any other change in petitioner's detention status, respondent shall submit a status report notifying the court as soon as practicably possible. 4. The Clerk of Court is directed to send petitioner a copy of the in forma pauperis form used by this district. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of a request to proceed in forma pauperis or the appropriate filing fee of $5.00. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/11/2026)
Sep 11, 2026
SERVICE BY MAIL: 4 Minute Order served on Hilario Palomo Arroyo. (Deputy Clerk MDK)
Sep 11, 2026
Minute Order
Sep 11, 2026
SERVICE BY MAIL: 5 Minute Order served on Hilario Palomo Arroyo. (Deputy Clerk NAC)
Sep 11, 2026
Service by Mail
#6
Sep 18, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden, California City. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) (Entered: 09/18/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
Sep 23, 2026
MAIL RETURNED as Undeliverable, No Mail Receptacle, Unable to Forward: 4 Minute Order sent to Hilario Palomo Arroyo. Notice of Change of Address due by 11/2/2026. (Deputy Clerk DAR)
Sep 23, 2026
MAIL RETURNED as Undeliverable, No Mail Receptacle, Unable to Forward: 5 Minute Order sent to Hilario Palomo Arroyo. Notice of Change of Address due by 11/2/2026. (Deputy Clerk DAR)
Sep 24, 2026
RECEIPT number 100009749 for $5.00 for Hilario Palomo Arroyo from Cal City Immigration Processing. (Deputy Clerk AML)
#7
Oct 05, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/5/2026 RECOMMENDING that the 1 petition for writ of habeas corpus be GRANTED; Respondents be ordered to immediately release petitioner (A-Number: 225-561-620) from th eir custody on the same conditions as his prior release. Respondents shall not impose any additional restrictions on petitioner, unless that is determined to be necessary at a future pre-deprivation hearing. If the government seeks to re-detain petit ioner, it must provide no less than 7 days' notice to petitioner and must hold a constitutionally compliant pre-deprivation bond hearing before a neutral arbiter at which the government bears the burden of proving flight risk or danger by clear and convincing evidence; and this order does not address the circumstances in which respondents may detain petitioner in the event petitioner becomes subject to an executable final order of removal. Referred to Judge Troy L. Nunley. Objections due within 3 days of service of these findings and recommendations. (Deputy Clerk RRB)
Main Document: Findings and Recommendations
Oct 05, 2026
Service by Mail
Oct 05, 2026
SERVICE BY MAIL: 7 Findings and Recommendations served on Hilario Palomo Arroyo. (Deputy Clerk RRB)
Oct 06, 2026
Service by Mail
#9
Oct 07, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#10
Oct 09, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 10/8/2026 ADOPTING 7 Findings and Recommendations in full; GRANTING 1 Petition for Writ of Habeas Corpus. Respondent is ORDERED to IMMEDIATELY RELEASE Petitioner (A# 222-561-620) from its c ustody on the same conditions as his prior release. Respondent shall not impose any additional restrictions on Petitioner, unless that is determined to be necessary at a future pre-deprivation hearing. At the time of release, Respondent must return a ll of Petitioner's documents and possessions. Respondent shall file a notice of compliance with this provision of the Court's Order no later than 10/13/2026. Respondent is ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections. The Clerk to enter judgment for Petitioner. CASE CLOSED. (cc California City) (Deputy Clerk KEZ)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Oct 09, 2026
Judgment
Main Document: Judgment
Oct 09, 2026
Service by Mail
#12
Oct 13, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) Palomo Arroyo
Party
Warden, California City
Party