Eastern District of California • 1:26-cv-07193

(HC) Bustamante Muniz v. Warden, Central Valley Annex

Active

Case Information

Filed: September 08, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 08, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Victor Eduardo Bustamante. (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 08, 2026
MOTION to APPOINT COUNSEL by Victor Eduardo Bustamante. (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document: Appoint Counsel
Sep 08, 2026
RECEIPT number 100009499 for $5.00 for Victor Eduardo Bustamante from Geo Secure Services LLC. (Deputy Clerk DAR)
#3
Sep 10, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document: Immigration New Case Documents
#4
Sep 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/10/2026: 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: 09/10/2026)
#5
Sep 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Warden, Central Valley Annex (Disparte, Quinn) (Entered: 09/10/2026)
Main Document: DESIGNATION
Sep 10, 2026
Service by Mail
Sep 10, 2026
Minute Order
Sep 10, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Victor Eduardo Bustamante. (Deputy Clerk DAR)
Sep 10, 2026
SERVICE BY MAIL: 4 Minute Order served on Victor Eduardo Bustamante. (Deputy Clerk MDK)
#6
Sep 14, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 9/14/2026 DIRECTING respondent to file an Answer or Motion to Dismiss to the 1 Petition for Writ of Habeas Corpus within 7 days from this order, and Petitioner's Reply/Traverse to the Answer or Opposition to a Motion to Dismiss within 10 days after being served with a copy of respondent's answer or motion to dismiss; and a reply by respondent to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. Each party proceeding with counsel is DIRECTED to keep the court informed of the current address at all times while this action is pending. (Deputy Clerk AMW) (Entered: 09/14/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Sep 14, 2026
CLERK'S NOTICE of DOCKET CORRECTION: Petitioner's name corrected to "Victor Eduardo Bustamante Muniz" pursuant to 1 Petition and EOIR record. (Deputy Clerk HAH) (Entered: 09/14/2026)
Sep 14, 2026
SERVICE BY MAIL: 6 Order served on Victor Eduardo Bustamante. (Deputy Clerk AMW)
Sep 14, 2026
Service by Mail
Sep 14, 2026
RE-SERVICE BY MAIL: 4 Minute Order, 6 Order, 3 Immigration New Case Documents, and 7 Clerk's Notice of Docket Correction served on Victor Eduardo Bustamante Muniz with A Number. (Deputy Clerk HAH)
#8
Sep 19, 2026
REPLY by Warden, Central Valley Annex re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 NTA, # 2 I-213, # 3 I-200, # 4 RAP Sheet)(Disparte, Quinn) (Entered: 09/19/2026)
Main Document: REPLY
#9
Sep 23, 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 DAR) (Entered: 09/25/2026)
Main Document: CONSENT/DECLINE
#10
Oct 05, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/5/2026 DENYING without prejudice 2 Motion to Appoint Counsel and RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that Respondent be ordered to immeditaely release petitioner and be ordered to provide petitioner with a copy of the release order at or near the time of release; that Respondent be enjoined and restrained from re-detaining petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation, constitutionally adequate bond hearing before a neutral decisionmaker, that petitioner is a flight risk or danger to the community such that his physical custody is legally justified; that this injunction does not address other circumstances where detention authority is established under different authority than what is presented in this case; that given petitioner's pro se status, respondent be directed to file, within 7 days of the adoption of these findings and recommendations, a status report addressing petitioner's status; and that the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Chief District Judge Troy L. Nunley. Objections due within 7 days of the date of these findings and recommendations. (Deputy Clerk HAH) (Entered: 10/05/2026)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
#11
Oct 05, 2026
RESPONSE by Victor Eduardo Bustamante Muniz to 8 Reply. (Deputy Clerk DAR) (Entered: 10/07/2026)
Main Document: RESPONSE
Oct 05, 2026
SERVICE BY MAIL: 10 Order and Findings and Recommendations served on Victor Eduardo Bustamante Muniz. (Deputy Clerk HAH)
Oct 05, 2026
Service by Mail
#12
Oct 13, 2026
OBJECTIONS to 10 FINDINGS and RECOMMENDATIONS by Respondent Warden, Central Valley Annex. (Disparte, Quinn) Modified on 10/19/2026 (KS). (Entered: 10/13/2026)
Main Document: Objections to Findings and Recommendations
#13
Oct 13, 2026
MOTION to APPOINT COUNSEL by Victor Eduardo Bustamante Muniz. (Deputy Clerk DAR) (Entered: 10/15/2026)
Main Document: Appoint Counsel
#14
Oct 20, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 10/19/2026 ADOPTING 10 Findings and Recommendations in Full, GRANTING 1 Petition for Writ of Habeas Corpus, and ORDERING Respondents to IMMEDIATELY RELEASE Victor Eduardo Bustamante Muniz 22 0-148-964 from custody. Respondents are DIRECTED to provide Petitioner a copy of this order along with RETURNING all of Petitioner's possessions and documents at the time of release and DIRECTED to file a Notice of Compliance within 2 days of t his order. Respondent is ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of 7-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protec ted interest in remaining free from detention such that no alternative to detention can mitigate that risk. The court is DIRECTED to enter judgment in favor of Petitioner and close this case. CASE CLOSED. (cc Central Valley Annex) (Deputy Clerk AMW)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
#15
Oct 20, 2026
Judgment
Main Document: Judgment
Oct 20, 2026
Service by Mail
#16
Oct 21, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) Bustamante
Party
Warden, Central Valley Annex
Party