Eastern District of California • 1:26-cv-07337
(HC) Thelusma v. Warden, Central Valley Annex
Active
Case Information
Filed: September 14, 2026
Assigned to:
Daniel J. Calabretta
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 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 11, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Jimmy Thelusma. (Deputy Clerk VLK) (Entered: 09/14/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 11, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jimmy Thelusma. (Deputy Clerk VLK) (Entered: 09/14/2026)
Main Document:
In Forma Pauperis
#3
Sep 11, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jimmy Thelusma. (Deputy Clerk VLK) (Entered: 09/14/2026)
Main Document:
Temporary Restraining Order
#4
Sep 11, 2026
MOTION to APPOINT COUNSEL by Jimmy Thelusma. (Deputy Clerk VLK) (Entered: 09/14/2026)
Main Document:
Appoint Counsel
#5
Sep 14, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 09/14/2026)
Main Document:
Immigration New Case Documents
#6
Sep 14, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/14/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner's prior release from custody created a liberty interest that entitles Petitioner to pre-deprivation notice and opportunity to be heard. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD; see also M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. Respondents are ORDERED TO SHOW CAUSE on or before September 17, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release based on the violation of Petitioner's due process rights by filing a return as provided in 28 U.S.C. § 2243. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/14/2026)
Sep 14, 2026
SERVICE BY MAIL: 6 Minute Order served on Jimmy Thelusma. (Deputy Clerk GJM)
Sep 14, 2026
Service by Mail
Sep 14, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Jimmy Thelusma. (Deputy Clerk VLK)
Sep 14, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Sep 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Central Valley Annex (Yu, Jonathan) (Entered: 09/15/2026)
Main Document:
DESIGNATION
#8
Sep 15, 2026
NOTICE of RELATED CASE(S) 1:26-cv-01443-JLT-EPG, 1:26-cv-07337-DJC-JDP by Warden, Central Valley Annex. (Yu, Jonathan) (Entered: 09/15/2026)
Main Document:
Notice of Related Case
#9
Sep 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, Central Valley Annex, attorney Jonathan Yu, GOVT terminated (Yu, Jonathan) (Entered: 09/15/2026)
Main Document:
DESIGNATION
#10
Sep 15, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/15/2026: This case has been initiated by the same Petitioner who initiated a prior action, Case No. 1:26-cv-01443-JLT-EPG (HC), related to Petitioner's present immigration custody status. Pursuant to Local Rule 123, the Court finds that this action is related to the prior action because both cases involve overlapping parties, properties, claims, events and/or questions of fact or law. Accordingly, assignment of the actions to the same District Judge and Magistrate Judge who were assigned to the consolidated action will promote convenience, efficiency, and economy for the Court and parties. Thus, the Court ORDERS that this case is reassigned to District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. All future filings shall use the following Case Number: 1:26-cv-07337-JLT-EPG (HC). (cc: DJC, JDP) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/15/2026)
Sep 15, 2026
SERVICE BY MAIL: 10 Minute Order served on Jimmy Thelusma. (Deputy Clerk GJM)
Sep 15, 2026
Minute Order
Sep 15, 2026
Service by Mail
#11
Sep 17, 2026
RESPONSE to 6 ORDER to SHOW CAUSE by Warden, Central Valley Annex. (Attachments: # 1 Exhibit A-Bond Order, # 2 Exhibit B-Removal Records)(Williams, Jonathan) (Entered: 09/17/2026)
Main Document:
RESPONSE
#12
Sep 25, 2026
MINUTE ORDER (Text Only Entry) Respondents have informed the Court that the Board of Immigration Appeals (BIA) dismissed Petitioner's appeal on August 24, 2026. (Doc. 11 .) As soon as possible, but no later than September 29, 2026, Respondents are directed to inform the Court as to whether Petitioner timely filed a petition for review of the BIA's order with the 9th Circuit Court of Appeals signed by District Judge Jennifer L. Thurston on September 25, 2026. (Deputy Clerk IM) (Entered: 09/25/2026)
#17
Sep 25, 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: 09/29/2026)
Main Document:
CONSENT/DECLINE
Sep 25, 2026
SERVICE BY MAIL: 12 Minute Order served on Jimmy Thelusma. (Deputy Clerk IM)
Sep 25, 2026
Service by Mail
Sep 25, 2026
Minute Order
#13
Sep 28, 2026
NOTICE Regarding Petition for Review by Warden, Central Valley Annex re 12 Minute Order,,. (Williams, Jonathan) (Entered: 09/28/2026)
Main Document:
Notice (Other)
#14
Sep 28, 2026
MOTION appoint attorney under CJA re 4 Motion to Appoint Counsel by Federal Defender Office. Attorney Williams, Heather Erica added. (Attachments: # 1 Proposed Order Appoint CJA Attorney)(Williams, Heather) (Entered: 09/28/2026)
Main Document:
Miscellaneous Relief
#15
Sep 28, 2026
NOTICE of CHANGE of ADDRESS by Heather Erica Williams. (Williams, Heather) (Entered: 09/28/2026)
Main Document:
Notice of Change of Address
#16
Sep 28, 2026
NOTICE of Petitioner's Two A Numbers by Federal Defender Office. (Williams, Heather) (Entered: 09/28/2026)
Main Document:
Notice (Other)
#18
Sep 29, 2026
MINUTE ORDER (Text Only Entry) On September 28, 2026, the Court was informed via an Amicus pleading filed by the Federal Defender for the California Eastern District that Petitioner was transferred to a detention center in Louisiana on September 9, 2026. (Doc. 14 .) Furthermore, the Court is now aware that Petitioner has two A Numbers: 234-108-849 and 232-499-440. (Doc. 15 .) A routine review of the ICE detainee locator shows that under A No. 234-108-849, Petitioner is no longer in custody. However, under A No. 232-499-440, the ICE detainee locator shows Petitioner to be in custody at the Central Valley Annex Detention Facility in McFarland, California. Accordingly, to allow the Court to properly evaluate the applicable detention authority in this matter, Respondents SHALL provide an update on Petitioner's custody status by no later than October 1, 2026 signed by District Judge Jennifer L. Thurston on September 29, 2026. (Deputy Clerk IM) (Entered: 09/29/2026)
Sep 29, 2026
Minute Order
Sep 29, 2026
SERVICE BY MAIL: 18 Minute Order served on Jimmy Thelusma. (Deputy Clerk IM)
Sep 29, 2026
Service by Mail
#19
Oct 01, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Jimmy Thelusma. (Deputy Clerk CRM) (Entered: 10/01/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#20
Oct 01, 2026
STATUS REPORT by Warden, Central Valley Annex. (Attachments: # 1 Exhibit A-Comparison Communication)(Williams, Jonathan) (Entered: 10/01/2026)
Main Document:
STATUS
Oct 09, 2026
MAIL RETURNED as Undeliverable, Return To Sender, Not Deliverable As Addressed, Unable To Forward: 18 Minute Order sent to Jimmy Thelusma at CENTRAL VALLEY ANNEX (ICE) P.O. Box 637, 254 Taylor Avenue, McFarland, CA 93250. Notice of Change of Address due by 11/16/2026. (Deputy Clerk MR)
#22
Oct 13, 2026
REQUEST by Jimmy Thelusma. (Deputy Clerk MR) (Entered: 10/15/2026)
Main Document:
Request
#21
Oct 14, 2026
MINUTE ORDER (Text Only Entry) On October 1, 2026, Respondents informed the Court that Petitioner was removed from the United States on October 1, 2026. (Doc. 15 .) As, the Court DENIES the petition for writ of habeas corpus (Doc. 1 ), the motion for a temporary restraining order (Doc. 3 ), and the motions to appoint counsel (Docs. 4, 14 ) as MOOT; and directs the Clerk of Court to CLOSE this case signed by District Judge Jennifer L. Thurston on October 14, 2026. (Deputy Clerk IM) (Entered: 10/14/2026)
Oct 14, 2026
Service by Mail
Oct 14, 2026
Minute Order
Oct 14, 2026
SERVICE BY MAIL: 21 Minute Order served on Jimmy Thelusma. (Deputy Clerk IM)
#23
Oct 16, 2026
MINUTE ORDER (Text Only Entry) Petitioner submitted a notice (Doc. 22) indicating that he is not the same petitioner from related case no. 1:26-cv-01443-JLT-EPG. Indeed, a review of Respondents recent status report (Doc. 20) indicates that the Petitioner in the present case (A No. 232-499-440) with a 1989 date of birth, currently detained at the Central Valley Annex Detention Facility, is "NOT THE SAME PERSON" (see Doc. 20-1 at 1) as the petitioner in case no. 1:26-cv-01443-JLT-EPG (A No. 234-108-849) with a 1991 date of birth, formerly detained at the Golden State Annex Detention Facility and now removed from the United States. As such, no later than Monday, October 19, 2026, Respondents SHALL confirm whether the present habeas action involves an entirely different petitioner signed by District Judge Jennifer L. Thurston on October 16, 2026. (Deputy Clerk IM) (Entered: 10/16/2026)
#24
Oct 16, 2026
NOTICE of Identity by Warden, Central Valley Annex re 23 Minute Order,,,. (Williams, Jonathan) (Entered: 10/16/2026)
Main Document:
Notice (Other)
#25
Oct 16, 2026
RESPONSE by Warden, Central Valley Annex to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A-DHS Records, # 2 Exhibit B-Criminal Records)(Williams, Jonathan) (Entered: 10/16/2026)
Main Document:
RESPONSE
#26
Oct 16, 2026
CERTIFICATE / PROOF of SERVICE by Warden, Central Valley Annex re 24 Notice - Other, 25 Response. (Williams, Jonathan) (Entered: 10/16/2026)
Main Document:
Certificate / Proof of Service
#29
Oct 16, 2026
NOTICE re clarification and correction of Alien # and case number by Jimmy Thelusma. (Deputy Clerk AMW) (Entered: 10/21/2026)
Main Document:
Notice (Other)
Oct 16, 2026
Minute Order
Oct 16, 2026
Service by Mail
Oct 16, 2026
SERVICE BY MAIL: 23 Minute Order served on Jimmy Thelusma. (Deputy Clerk IM)
#27
Oct 19, 2026
MINUTE ORDER (Text Only Entry) The Court finds that this case was reassigned and closed in error. ( See Doc. 24.) As such, the Clerk of Court is DIRECTED to reopen this case and REASSIGN this case to District Judge Daniel J. Calabretta and Magistrate Judge Jeremy D. Peterson signed by District Judge Jennifer L. Thurston on October 19, 2026. (Deputy Clerk IM) (Entered: 10/19/2026)
#28
Oct 19, 2026
NOTICE of CHANGE of ADDRESS to Central Valley Annex, P.O. Box 637, 254 Taylor Avenue McFarland, CA 93250 by Jimmy Thelusma. (Deputy Clerk AMW) (Entered: 10/20/2026)
Main Document:
Notice of Change of Address
Oct 19, 2026
Service by Mail
Oct 19, 2026
SERVICE BY MAIL: 27 Minute Order served on Jimmy Thelusma. (Deputy Clerk IM)
Oct 19, 2026
Minute Order
Parties
(HC) Thelusma
Party
Warden, Central Valley Annex
Party