Eastern District of California • 1:26-cv-07219
(HC) Yobal Cano v. Warden
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:
September 16, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 08, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Ocatvio Yobal Cano. (Deputy Clerk OML) (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 OML) (Entered: 09/10/2026)
Main Document:
Immigration New Case Documents
Sep 10, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Ocatvio Yobal Cano. (Deputy Clerk OML)
Sep 10, 2026
Service by Mail
#3
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)
#4
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
Minute Order
Sep 11, 2026
SERVICE BY MAIL: 3 Minute Order served on Ocatvio Yobal Cano. (Deputy Clerk MDK)
Sep 11, 2026
SERVICE BY MAIL: 4 Minute Order served on Ocatvio Yobal Cano. (Deputy Clerk NAC)
Sep 11, 2026
Service by Mail
#6
Sep 16, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
Parties
(HC) Cano
Party
Warden
Party