Eastern District of California • 1:26-cv-07710
(HC)Barrios Velazquez v. Warden of the California Detention Center
Active
Case Information
Filed: September 21, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 21, 2026
2241 PETITION for WRIT of HABEAS CORPUS by Jonathan Rubelsi Barrios Velazquez. (Deputy Clerk LMS) (Entered: 09/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
Sep 21, 2026
RECEIPT number 100009708 for $5.00 from Cal City Immigration Processing for Jonathan Rubelsi Barrios Velazquez. (Deputy Clerk LMS)
#2
Sep 23, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 09/23/2026)
Main Document:
Immigration New Case Documents
Sep 23, 2026
Service by Mail
Sep 23, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Jonathan Rubelsi Barrios Velazquez. (Deputy Clerk LMS)
#3
Sep 24, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/24/2026: 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: 09/24/2026)
#4
Sep 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of the California Detention Center (Yu, Jonathan) (Entered: 09/24/2026)
Main Document:
DESIGNATION
Sep 24, 2026
SERVICE BY MAIL: 3 Minute Order served on Jonathan Rubelsi Barrios Velazquez. (Deputy Clerk MDK)
Sep 24, 2026
Minute Order
Sep 24, 2026
Service by Mail
#5
Sep 28, 2026
ORDER signed by Magistrate Judge Sean C. Riordan on 9/28/2026 DIRECTING Respondent to SHOW CAUSE why the writ should not be granted by filing an answer/return within 7 days from the date of this order. Absent a further order of the court, the petit ion will be taken under submission after the filing of the answer/return. In order to ensure this court's jurisdiction to resolve the pending § 2241 petition, Respondent shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the court. In the event Petitioner obtains an immigration bond and it is paid resulting in release, Petitioner shall inform the court as expeditiously as possible in order to conserve its limited jud icial resources. For the same reason, Respondent shall inform the court asexpeditiously as possible in the event a travel document is obtained for Petitioner that will result in Petitioner's imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the particular circumstances that have changed. (Deputy Clerk KEZ)
Sep 28, 2026
Service by Mail
#6
Oct 04, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
Oct 15, 2026
Service by Mail
Oct 15, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#9
Oct 23, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 10/22/26 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted on Counts Two (Violation of the INA) and Four (Violation of the Due Process Clause); that Respondents be ordered to provide Petitioner Jonathan Rebelsi Barrios Velazquez (A# 221-486-597) with a bond hearing before an immigration judge at which the government shall bear the burden of justifying Petitioner's continued detention by clea r and convincing evidence, within 14 days of issuance of any final order in this case, and with at least 7 days of advance notice to Petitioner and Petitioner's counsel; that Respondents be further directed to file a notice certifying complia nce with the above provision within 7 days from the date of the bond hearing; that if Petitioner is granted release on bond, Respondents shall return all of Petitioner's documents and possessions at the time of release. Referred to Judge Troy L. Nunley; Objections to these F&Rs due within 3 days. (Deputy Clerk AJB)
Oct 23, 2026
Service by Mail
#10
Nov 03, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 11/02/2026 ADOPTING-IN-PART the 9 Findings and Recommendations. The 1 Petitioner for Writ of Habeas Corpus is GRANTED on Counts Two (Violation of the INA) and Four (Violation of the Due Process Clause). Respondent must IMMEDIATELY RELEASE Petitioner Jonathan Rubelsi B.V. (A# 221-486-597) from custody. At the time of release, Respondent must return all of Petitioner's documents and possessions. Respondent must file a notice of compliance with this order within 2 court days of the date of this order. Respondent is ENJOINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protection s including a minimum of 7 days' notice and a pre-deprivation hearing before a neutral factfinder where the government demonstrates by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at fut ure immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counse l present. Should Petitioner become subject to a final and executable order of removal, the government shall provide Petitioner a minimum of 7 days' notice (counting from the date the removal order becomes final and executable) of any intent to execute the order and detain Petitioner. CASE CLOSED. (cc: California City) (Deputy Clerk KS)
#11
Nov 03, 2026
Judgment
Main Document:
Judgment
Nov 03, 2026
Service by Mail
#12
Nov 04, 2026
Notice of Voluntary Dismissal
Main Document:
Notice of Voluntary Dismissal
#13
Nov 05, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
(HC)Barrios Velazquez
Party
Warden of the California Detention Center
Party