Eastern District of California • 1:26-cv-07332
(HC) Johnson v. US Department of Homeland Security
Active
Case Information
Filed: September 11, 2026
Assigned to:
Dale Alan Drozd
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 28, 2026
Parties:
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Docket Entries
#1
Sep 11, 2026
PETITION for WRIT of HABEAS CORPUS against US Department of Homeland Security by Shaid King Johnson. (Deputy Clerk KEZ) (Entered: 09/15/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 11, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Shaid King Johnson. (Deputy Clerk KEZ) (Entered: 09/15/2026)
Main Document:
In Forma Pauperis
#3
Sep 11, 2026
MOTION to APPOINT COUNSEL by Shaid King Johnson. (Deputy Clerk KEZ) (Entered: 09/15/2026)
Main Document:
Appoint Counsel
#4
Sep 15, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk KEZ) (Entered: 09/15/2026)
Main Document:
Immigration New Case Documents
#5
Sep 15, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/15/2026: 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. Petitioner's motion to proceed in forma pauperis, ECF No. 2, is GRANTED. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/15/2026)
#6
Sep 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for US Department of Homeland Security (Andrews, Anthony) (Entered: 09/15/2026)
Main Document:
DESIGNATION
Sep 15, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Sep 15, 2026
SERVICE BY MAIL: 5 Minute Order served on Shaid King Johnson. (Deputy Clerk NAC)
Sep 15, 2026
Service by Mail
Sep 15, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Shaid King Johnson. (Deputy Clerk KEZ)
#7
Sep 22, 2026
Dismiss
Main Document:
Dismiss
#9
Oct 21, 2026
ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/21/2026 DENYING the 3 motion to appoint counsel; RECOMMENDING Respondent's 7 motion to dismiss, be DENIED; Respondent be ordered to immediately release petitioner (A-Number: 220-833-480) from its custody on the same conditions as prior to his detention. Respondent shall not impose any additional restrictions on petitioner, unless that is determined to be necessary at a future pre-deprivation hearin g. If the government seeks to re-detain petitioner, 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 burd en of proving flight risk or danger by clear and convincing evidence. This order does not address the circumstances in which respondent may detain petitioner in the event petitioner becomes subject to an executable final order of removal. Referred to Judge Dale A. Drozd. Objections due within 3 days of service of these findings and recommendations. (Deputy Clerk RRB)
Oct 21, 2026
Service by Mail
#10
Oct 23, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#11
Oct 28, 2026
ORDER signed by District Judge Dale A. Drozd on 10/28/2026 ADOPTING 9 Findings and Recommendations in full. The 1 Petition for Writ of Habeas Corpus is GRANTED as follows: Respondent is ORDERED to immediately release petitioner Shaid King Johnso n, A-File No. 220-833-480, from respondent's custody on the same conditions, if any, he was subject to prior to his re-detention on or about 4/3/2026. Respondent is ENJOINED and RESTRAINED re-detaining petitioner for any purpose, absent exigent circumstances, without notice and a pre-deprivation hearing before an immigration judge at which hearing respondent will have the burden of establishing that petitioner is a danger or flight risk by clear and convincing evidence. Respondent's 7 motion to dismiss is DENIED. The Clerk to enter judgment in favor of petitioner. CASE CLOSED. (cc Central Valley Annex) (Deputy Clerk KEZ)
#12
Oct 28, 2026
Judgment
Main Document:
Judgment
Oct 28, 2026
Service by Mail
Parties
(HC) Johnson
Party
US Department of Homeland Security
Party