Eastern District of California • 1:26-cv-07827

(HC) De La Paz Ojito v. Warden, California City Detention Center

Active

Case Information

Filed: September 24, 2026
Assigned to: Dale Alan Drozd
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 24, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Aniel De La Paz Ojito. (Deputy Clerk DAR) (Entered: 09/28/2026)
Main Document: Petition for Writ of Habeas Corpus
Sep 24, 2026
RECEIPT number 100009771 for $5.00 for Aniel De La Paz Ojito from Cal City Immigration Processing. (Deputy Clerk DAR)
#2
Sep 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/28/2026)
Main Document: Immigration New Case Documents
#3
Sep 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Detention Center (Andrews, Anthony) (Entered: 09/28/2026)
Main Document: DESIGNATION
Sep 28, 2026
Service by Mail
Sep 28, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Aniel De La Paz Ojito. (Deputy Clerk DAR)
Oct 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 01, 2026
Service by Mail
#6
Oct 21, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/21/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that Petitioner be ordered released from ICE custody; that the court order respondents to return all of petitioner's documents and possessions, to not impose any additional restrictions on petitioner unless such restrictions are deemed necessary at a future pre-deprivation hearing, and file a notice certifying compliance within 3 day s of the order for release; that if the government seeks to re-detain petitioner, it must provide no less than 7 days notice to petitioner and provide petitioner with a bond hearing before an immigration judge at which the government must prove by cl ear and convincing evidence that a material change in circumstances renders petitioner a flight risk or danger to the community such that his re-detention is warranted; and that these recommendations do not address the circumstances in which responde nts 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. Referred to District Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk HAH)
Main Document: Findings and Recommendations
Oct 21, 2026
Service by Mail
#7
Oct 28, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#8
Oct 30, 2026
ORDER signed by District Judge Dale A. Drozd on 10/30/2026 ADOPTING the 6 findings and recommendations issued on 10/21/2026 in full and GRANTING petitioner's 1 petition for writ of habeas corpus. Respondent is ORDERED to IMMEDIATELY RE LEASE petitioner Aniel De La Paz Ojito, A-File No. 216-543-035, from respondent's custody on the same conditions, if any, he was subject to prior to his re-detention on or about 8/24/2026. Respondent is ENJOINED and RESTRAINED re-detaining pet itioner 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. The Clerk of Court is directed to serve California City Detention Facility with a copy of this order, enter judgment in favor of petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#9
Oct 30, 2026
Judgment
Main Document: Judgment
Oct 30, 2026
Service by Mail
#10
Nov 02, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) De La Paz Ojito
Party
Warden, California City Detention Center
Party