Southern District of California • 3:26-cv-05287

#1

Sep 14, 2026

Petition for Writ of Habeas Corpus against Christopher J. LaRose ( Filing fee $ 5 receipt number 172233.), filed by Emerson Robinho Chub Tiul. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Envelope)The new case number is 3:26-cv-5287-TWR-DDL. Judge Todd W. Robinson and Magistrate Judge David D. Leshner are assigned to the case. (Emerson Robinho Chub Tiul)(sxb) (Entered: 09/15/2026)

#2

Sep 15, 2026

MINUTE ORDER Requiring Response to Petition. The Court ORDERS Respondents TO SHOW CAUSE on or before September 18, 2026, why Petitioner should not be released from custody on the grounds that his warrantless arrest violated his due process rights under the Fifth Amendment. See Minute Order Granting Petition, Lopez Lopez v. LaRose, No. 26-cv-4399 TWR (SBC) (S.D. Cal. entered Sept. 10, 2026), ECF No. 10. (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) (Entered: 09/15/2026)

Sep 15, 2026

Order Setting Briefing Schedule - Habeas Corpus

#3

Sep 17, 2026

NOTICE of Appearance and Substitute of Counsel by Michael David Stinnett-Kassoff on behalf of Christopher J. LaRose (Attachments: # 1 Proof of Service)(Stinnett-Kassoff, Michael)Attorney Michael David Stinnett-Kassoff added to party Christopher J. LaRose(pty:res) (sjt). (Entered: 09/17/2026)

#4

Sep 17, 2026

RESPONSE TO PETITION by Christopher J. LaRose. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proof of Service)(Stinnett-Kassoff, Michael) (sjt). (Entered: 09/17/2026)

#5

Sep 18, 2026

MINUTE ORDER Requiring Supplemental Response. In its September 15, 2026 2 Minute Order Requiring Response to Petition, the Court ordered Respondents to to show cause "why Petitioner should not be released from custody on the grounds that his warrantless arrest violated his due process rights under the Fifth Amendment." The Court cited to its prior decision in Lopez Lopez v. LaRose, No. 26-cv-4399 TWR (SBC) (S.D. Cal. entered Sept. 10, 2026), ECF No. 10, in which the Court, relying on the Honorable Leslie E. Kobayashi's decision in Diaz Escalante v. LaRose, No. 3:26-CV-04259 LEK-AHG, 2026 WL 2364792 (S.D. Cal. Aug. 14, 2026), "'conclude[d] that Petitioner's detention without a valid warrant or lawful process violate[d] his due process rights under the Fifth Amendment' and that '[o]nly release from detention c[ould]' remedy that Fifth Amendment violation." In Diaz Escalante, Judge Kobayashi explained that the subsequent issuance of a warrant under 8 C.F.R. § 287.3 was "unavailing" because "[Section 287.3] itself presumes a noncitizen's arrest is made consistent with [8 U.S.C. § 1357(a)(2)]." See 2026 WL 2364792, at *4 (citing 8 C.F.R. § 287.3(a)). The Court therefore ORDERS Respondents to file a supplemental brief on or before September 23, 2026, indicating whether the administrative warrant issued on June 6, 2026, (see ECF No. 4-2), was issued before Petitioners arrest and, if so, whether the arresting agent had sufficient particularized facts to believe that Petitioner was likely to escape before a warrant could be obtained. See Escobar Molina v. U.S. Dep't of Homeland Sec., 811 F. Supp. 3d 1, 30 (D.D.C. 2025). (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) (Entered: 09/18/2026)

Sep 18, 2026

Order

#6

Sep 22, 2026

SUPPLEMENTAL BRIEFING by Respondent Christopher J. LaRose re 5 Order,,,,,,, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proof of Service)(Stinnett-Kassoff, Michael) (sjt). (Entered: 09/22/2026)

#7

Sep 22, 2026

MINUTE ORDER Granting Petition. Having reviewed the record, "the Court 'concludes that Petitioner's detention without a valid warrant or lawful process violate[d] his due process rights under the Fifth Amendment' and that '[o]nly release from detention can' remedy that Fifth Amendment violation.'" See Minute Order Granting Petition, Lopez Lopez v. LaRose, No. 26-cv-4399 TWR (SBC) (S.D. Cal. entered Sept. 10, 2026), ECF No. 10 (alterations in original) (quoting Diaz Escalante v. LaRose, No. 3:26-CV-04259 LEK-AHG, 2026 WL 2364792, at *4 (S.D. Cal. Aug. 14, 2026)). The Court therefore GRANTS the 1 Petition, ORDERS Respondents to release Petitioner as soon as practicable, and ENJOINS Respondents from rearresting or re-detaining Petitioner in violation of 8 U.S.C. § 1357(a)(2). Because Petitioner is pro se, Respondents SHALL SERVE Petitioner with a copy of this Order. (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) (Entered: 09/22/2026)

Sep 22, 2026

Order

#8

Sep 23, 2026

CERTIFICATE OF SERVICE by Christopher J. LaRose re 7 Order,,,, (Attachments: # 1 Notice Court Order)(Stinnett-Kassoff, Michael) (sjt). (Entered: 09/23/2026)