Eastern District of California • 1:26-cv-07838

#1

Sep 24, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex ICE Detention Facility by Xa Lee. (Deputy Clerk DAR) (Entered: 09/25/2026)

#2

Sep 24, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Xa Lee. (Deputy Clerk DAR) (Entered: 09/25/2026)

#3

Sep 24, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Xa Lee. (Deputy Clerk DAR) (Entered: 09/25/2026)

#4

Sep 24, 2026

MOTION to APPOINT COUNSEL by Xa Lee. (Deputy Clerk DAR) (Entered: 09/25/2026)

#5

Sep 25, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/25/2026)

#6

Sep 25, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Golden State Annex ICE Detention Facility (Andrews, Anthony) (Entered: 09/25/2026)

#7

Sep 25, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/25/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 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)), 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 3 Motion for Temporary Restraining Order by 12:00 PM on 9/29/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the cases referenced. Petitioner may file a Reply by 10/13/2026. 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: 09/25/2026)

Sep 25, 2026

Service by Mail

Sep 25, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Sep 25, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Xa Lee. (Deputy Clerk DAR)

Sep 25, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Xa Lee. (Text Only Entry) (Deputy Clerk CRS)

#8

Sep 29, 2026

ANSWER to 1 Petition for Writ of Habeas Corpus, OPPOSITION to 3 Motion for Temporary Restraining Order by Warden, Golden State Annex ICE Detention Facility. (Andrews, Anthony) Modified on 10/6/2026 (HAH). (Entered: 09/29/2026)

#9

Sep 30, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/30/2026: In their response to Petitioner's 3 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is not entitled to relief because he is subject to mandatory detention under 8 U.S.C. § 1231 and his detention has not become prolonged. Respondents also assert that this case is distinguishable from this court's earlier cases cited in this court's 7 Order because Petitioner is detained under § 1231. On the contrary, this court's Orders in Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025) and Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025) involved noncitizens detained under § 1231. Indeed, as those orders reflect, the fact that Petitioner is detained under § 1231 does not curtail Respondents' obligation to comply with the requirements set forth under 8 U.S.C. §§ 241.4(l), 241.13(i) regarding re-detention of a noncitizen to effectuate removal pursuant to a final order of removal beyond the 90-day removal window. See also Constantinovici v. Bondi, 806 F. Supp. 3d 1155, 1163 (S.D. Cal. Oct. 10, 2025) ("[8 U.S.C.] § 241.4(l)(1)'s procedural requirements apply equally to revocation of a noncitizen's release pursuant to § 241.4(l)(2)."). Respondents provide no argument or evidence that they abided by these requirements; rather, Respondents acknowledge that they do not have a valid travel document for Petitioner because the travel document previously obtained expired months before he was detained in September 2026 and a new travel document request was submitted only after Petitioner's detention. Accordingly, pursuant to the court's reasoning in Hoac, Vuong, and El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025), Petitioner's 3 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Respondents shall IMMEDIATELY RELEASE Petitioner Xa Lee (A-028-008-565) from Respondents' custody; and (2) Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, strict compliance with the requirements of 8 U.S.C. §§ 241.4, 241.13. This case is REFERRED to the assigned Magistrate Judge for further proceedings. The Clerk of the Court is DIRECTED to serve a copy of this Order on the Golden State Annex Detention Facility. (Text Only Entry) (cc: ICE-Golden State Annex) (Deputy Clerk CRS) (Entered: 09/30/2026)

#10

Sep 30, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/30/2026: On 9/30/2026, the court issue a temporary restraining order and ordered petitioner's immediate release. ECF No. 9 . The court referred the matter to the magistrate judge. Id. Respondent has already filed a response to the petition. ECF No. 8 . Respondent shall have until 10/7/2026 to supplement this response or notify the court that it stands on its previous filing. Petitioner shall have until 10/14/2026 to file an optional reply. The matter with then be submitted. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/30/2026)

Sep 30, 2026

SERVICE BY MAIL: 10 Minute Order served on Xa Lee. (Deputy Clerk NAC)

Sep 30, 2026

Minute Order

Sep 30, 2026

Service by Mail

Sep 30, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

Sep 30, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 9, served on Xa Lee. (Text Only Entry) (Deputy Clerk CRS)

#11

Oct 01, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/1/2026: On 9/30/2026, the court granted a temporary restraining order and ordered respondents to immediately release petitioner. ECF No. 9 . The court referred the matter to the magistrate judge. Id. Respondents have already filed an answer to the petition. ECF No. 8 . Petitioner shall have until 10/7/2026 to file an optional traverse. The matter will then be submitted. (Text Only Entry). (Deputy Clerk NAC) (Entered: 10/01/2026)

#12

Oct 01, 2026

NOTICE of RELATED CASE(S) 1:26-cv-07838-DC-JDP, 1:26-cv-07830-TLN-AC by Warden, Golden State Annex ICE Detention Facility. (Andrews, Anthony) (Entered: 10/01/2026)

#13

Oct 01, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/01/2026: Examination of Case Nos. 1:26-cv-07830-TLN-AC and 1:26-cv-07838-DC-JDP reveals the actions are related within the meaning of Local Rule 123(a). The Court finds the assignment of these actions to the same judge is likely to effect a savings of judicial effort and promote convenience, efficiency, and economy for the Court and the parties. Accordingly, the Court ORDERS that Case No. 1:26-cv-07830-TLN-AC is reassigned to District Judge Dena M. Coggins and Magistrate Judge Jeremy D. Peterson. All future filings shall use the following case number: 1:26-cv-07830-DC-JDP. (Text Only Entry) (Deputy Clerk RAA) (Entered: 10/01/2026)

Oct 01, 2026

Service by Mail

Oct 01, 2026

Minute Order

Oct 01, 2026

SERVICE BY MAIL: 11 Minute Order served on Xa Lee. (Deputy Clerk NAC)

Oct 01, 2026

SERVICE BY MAIL: 13 Minute Order served on Xa Lee. (Deputy Clerk RAA)

#14

Oct 02, 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: 10/05/2026)

#15

Oct 07, 2026

NOTICE to STAND on Previous 8 Filing by Warden, Golden State Annex ICE Detention Facility. (Andrews, Anthony) Modified on 10/15/2026 (KS). (Entered: 10/07/2026)

#16

Oct 09, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/9/2026: The court hereby ORDERS that petitioner's motion to proceed in forma pauperis, ECF No. 2, is GRANTED. (Text only entry). (Deputy Clerk NAC) (Entered: 10/09/2026)

Oct 09, 2026

Service by Mail

Oct 09, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis

Oct 09, 2026

SERVICE BY MAIL: 16 Minute Order served on Xa Lee. (Deputy Clerk NAC)

#17

Oct 13, 2026

ORDER; FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 10/13/2026: Petitioner filed a petition for writ of habeas corpus on 9/24/2026, ECF No. 1, and a motion for temporary restraining order, ECF No. 3 . The court ordered briefing. ECF No. 7 . On 9/30/2026, the court granted the motion for temporary restraining order, ordered that respondent immediately release petitioner, and enjoined respondent from re-arresting petitioner absent compliance with constitutional and statutory protections. ECF No. 9 . The court referred the case to the magistrate judge. Id. Petitioner has filed a motion for appointment of counsel. ECF No. 4 . There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). Under 18 U.S.C. § 3006A, the court can appoint counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. The court does not find that the interests of justice require appointment of counsel at the present time. Is it therefore ORDERED that petitioner's motion to appoint counsel, ECF No. 4, is hereby DENIED.Still pending is the petition for writ of habeas corpus. ECF No. 1 . Respondents have answered the petition, ECF No. 8, and notified the court that they have no further briefing, ECF No. 15 . Temporary restraining orders "do not conclusively resolve legal disputes." Lackey v. Stinnie, 604 U.S. 192, 200 (2025). Where, as here, a petitioner has been released because of injunctive relief, courts have found that the petitioner's claims are still justiciable. See Garro Pinchi v. Noem, 813 F. Supp. 3d 973, 1006 (N.D. Cal. 2025) (citing Lackey, 604 U.S. at 200). Accordingly, for the reasons set forth in the court's order granting the temporary restraining order, ECF No. 9, the court hereby RECOMMENDS that: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) the relief set forth in the court's temporary restraining order, ECF No. 9, be made permanent; and (3) the Clerk of Court be directed to enter judgment and close this matter accordingly. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 10/13/2026)

Oct 13, 2026

Service by Mail

Oct 13, 2026

Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel

Oct 13, 2026

SERVICE BY MAIL: 17 Order; Findings and Recommendations served on Xa Lee. (Deputy Clerk NAC)

Oct 15, 2026

MAIL RETURNED as Undeliverable, Unable to Forward, released: 7 Minute Order sent to Xa Lee. Notice of Change of Address due by 11/23/2026. (Deputy Clerk JRW)

Oct 15, 2026

MAIL RETURNED as Undeliverable, Released: 11 Minute Order, sent to Xa Lee. Notice of Change of Address due by 11/23/2026. (Deputy Clerk RS)

Oct 15, 2026

MAIL RETURNED as Undeliverable, Unable to Forward, released: 9 Minute Order sent to Xa Lee. Notice of Change of Address due by 11/23/2026. (Deputy Clerk JRW)

#18

Oct 20, 2026

Objections to Findings and Recommendations

#19

Oct 27, 2026

ORDER signed by District Judge Dena M. Coggins on 10/26/2026 ADOPTING 17 Findings and Recommendations. The petition for a writ of habeas corpus 1 is GRANTED; The relief set forth in the temporary restraining order 9 is made permanent; This order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal, and Petitioner receives notice of that final order of removal; and The Clerk of the Court is directed to enter judgment for Petitioner and close this case. CASE CLOSED. (Deputy Clerk LMS)

#20

Oct 27, 2026

Judgment

Oct 27, 2026

Service by Mail