Eastern District of California • 1:26-cv-07563
(HC) Calmo Ahilen v. Warden
Completed
Case Information
Filed: September 17, 2026
Assigned to:
Dena M. Coggins
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 13, 2026
Last Activity:
October 14, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 17, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Emerson Calmo Ahilen. (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Emerson Calmo Ahilen. (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
Temporary Restraining Order
#3
Sep 17, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Emerson Calmo Ahilen. (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
In Forma Pauperis
#4
Sep 17, 2026
MOTION for APPOINTMENT of COUNSEL by Emerson Calmo Ahilen. (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
Appoint Counsel
#5
Sep 18, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
Immigration New Case Documents
#6
Sep 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Joseph Douglas Harman, GOVT added for All Respondents. (Harman, Joseph) Modified on 9/24/2026 (KS). (Entered: 09/18/2026)
Main Document:
DESIGNATION
#7
Sep 18, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/18/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (see, e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)), and where noncitizens were detained by immigration authorities to facilitate removal pursuant to a removal order (see, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025); Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025)). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 9/23/2026. In their response, Respondents shall indicate whether Petitioner was previously released from immigration custody, and whether Petitioner is in active removal proceedings and, if so, what the status of those proceedings are, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's applicable orders cited above. Petitioner may file a Reply by 10/7/2026. Finally, the court is contemplating ruling directly on the 1 Petition. See A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Both parties shall address whether they oppose the court ruling directly on the Petition. The 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 CRS) (Entered: 09/18/2026)
Sep 18, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Sep 18, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Emerson Calmo Ahilen. (Text Only Entry) (Deputy Clerk CRS)
Sep 18, 2026
Service by Mail
Sep 18, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Emerson Calmo Ahilen. (Deputy Clerk OML)
#8
Sep 23, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Harman, Joseph) Modified on 9/29/2026 (KS). (Entered: 09/23/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#13
Oct 09, 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 JAW) (Entered: 10/13/2026)
Main Document:
CONSENT/DECLINE
#9
Oct 13, 2026
ORDER signed by District Judge Dena M. Coggins on 10/13/26 GRANTING 1 Petition for Writ of Habeas Corpus and 2 Motion for TRO. Petitioner Emerson Calmo Ahilen (A-245-924-889) shall be RELEASED IMMEDIATEL from Respondents' custody with the same conditions he was subject to immediately prior to his detention on 08/19/26. Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social Security card, etc.) upon his release from custody. Within 3 days from the date of entry of this order, Respondents shall FILE a notice of compliance with this court confirming that Petitioner has been released. The pending 3 and 4 Motions are denied as having been rendered moot. CASE CLOSED. (cc Golden State) (Deputy Clerk VLC) (Entered: 10/13/2026)
#10
Oct 13, 2026
JUDGMENT dated *10/13/26* pursuant to order signed by District Judge Dena M. Coggins on 10/13/26 in favor of Petitioner. (Deputy Clerk VLC) (Entered: 10/13/2026)
Main Document:
Judgment
#11
Oct 13, 2026
CLERK'S NOTICE of DOCKET CORRECTION re 10 Judgment - DISREGARD the Judgment due to formatting error. (Deputy Clerk VLC) (Entered: 10/13/2026)
#12
Oct 13, 2026
JUDGMENT dated *10/13/26* pursuant to order signed by District Judge Dena M. Coggins on 10/13/26 in favor of Petitioner. (Deputy Clerk VLC) (Entered: 10/13/2026)
Main Document:
Judgment
Oct 13, 2026
Service by Mail
Oct 13, 2026
SERVICE BY MAIL: 10 Judgment and 9 Order served on Emerson Calmo Ahilen. (Deputy Clerk VLC)
Oct 13, 2026
SERVICE BY MAIL: 12 Judgment and 9 Order served on Emerson Calmo Ahilen. (Deputy Clerk VLC)
#14
Oct 14, 2026
NOTICE OF COMPLIANCE re 9 Order,,,, Terminate Civil Case,,,, Order on Motion for TRO,,,, Order on Motion to Proceed in forma pauperis,,,, Order on Motion to Appoint Counsel,,, by Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella, Warden. (Harman, Joseph) (Entered: 10/14/2026)
Main Document:
Notice of Compliance
Parties
(HC) Calmo Ahilen
Party
Warden
Party