Central District of California • 5:26-cv-05788

Sergio Pilar Loza Napoles v. James Janecka

Active

Case Information

Filed: September 28, 2026
Assigned to: Daniel S. Roberts
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: November 07, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241). (Filing fee $ 5 PAID), filed by petitioner Sergio Pilar Loza Napoles. (jp) (Entered: 09/30/2026)
Main Document: Petition for Writ of Habeas Corpus (2241)
#2
Sep 28, 2026
REQUEST for Appointment of Counsel filed by petitioner Sergio Pilar Loza Napoles. (jp) (Entered: 09/30/2026)
Main Document: Appointment of Counsel
#3
Sep 28, 2026
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Sergio Pilar Loza Napoles. (jp) (Entered: 09/30/2026)
Main Document: Consent to Proceed before US Magistrate Judge - NON-FINAL
#4
Sep 30, 2026
The Petitioner has voluntarily consented to have a Magistrate Judge conduct all further proceedings in this case, including trial and entry of judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jp) TEXT ONLY ENTRY (Entered: 09/30/2026)
#5
Sep 30, 2026
NOTICE OF ASSIGNMENT to a U.S. Magistrate Judge. This case has been assigned to Magistrate Judge Daniel S. Roberts. (jp) (Entered: 09/30/2026)
Main Document: Notice of Assignment to U.S. Magistrate Judge CV-25B optional html form
#6
Sep 30, 2026
Notice of General Order 26-05 and Briefing Schedule. (jp) (Entered: 09/30/2026)
Main Document: Notice (Scheduling Order 2241) - optional html form
#7
Sep 30, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (jp) (Entered: 09/30/2026)
Main Document: Notice of Resources for ProSe Litigants (CV-134) - optional html form
Sep 30, 2026
2241 Initial Case Assignment Consent or Declination
#8
Oct 01, 2026
(IN CHAMBERS) ORDER REFERRING CASE TO THE FEDERAL PUBLIC DEFENDER TO CONSIDER APPOINTMENT OF COUNSEL 2 by Magistrate Judge Daniel S. Roberts. Petitioner, an immigration detainee who is proceeding pro se, filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 and requests appointment of counsel. See Doc. No. 2 . Here, the Weygandt factors sufficiently support the appointment of counsel to represent Petitioner. The office of the Federal Public Defender for the Central District of California ("FPD") has indicated that it will review requests for appointment of counsel to represent pro se petitioners in immigration-related habeas corpus proceedings such as this one. Accordingly, the Court REFERS this case to the FPD for consideration of appointment of counsel for Petitioner. The FPD is ORDERED to file a response within seven days of this order, indicating whether the FPD will represent Petitioner in this matter, decline representation in this matter, or recommend appointment of CJA counsel. The Clerk of Court is DIRECTED to serve a copy of this order on the FPD. IT IS SO ORDERED. (SEE ORDER FOR DETAILS.) (lkr) (Entered: 10/01/2026)
Main Document: Order
#9
Oct 03, 2026
This action has been fully consented to according to General Order 26-05. The case will proceed before a magistrate judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lkr) TEXT ONLY ENTRY (Entered: 10/06/2026)
Oct 06, 2026
Immigration 2241 Full Consent
#10
Oct 07, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Julian Lee counsel for Respondent James Janecka. Adding Julian T. Lee as counsel of record for Respondent for the reason indicated in the G-123 Notice. Filed by Respondent James Janecka. (Attorney Julian Lee added to party James Janecka(pty:res))(Lee, Julian) (Entered: 10/07/2026)
Main Document: Notice of Appearance or Withdrawal of Counsel (G-123)
#11
Oct 07, 2026
RESPONSE filed by Respondent James Janeckato PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) (Filing fee $ 5) 1 - RESPONDENTS ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS (Lee, Julian) (Entered: 10/07/2026)
Main Document: Response
#12
Oct 15, 2026
Notice Notice re Appointment of Counsel filed by Non-Party Federal Public Defender. (Attachments: # 1 Proposed Order)(Rivera, Gabriela) (Entered: 10/15/2026)
Main Document: Notice (Other)
#13
Oct 16, 2026
ORDER APPOINTING COUNSEL by Magistrate Judge Daniel S. Roberts 2 . There is no absolute right to appointment of counsel in habeas proceedings. Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). Here, the Weygandt factors sufficiently support the appointment of counsel to represent Petitioner. Therefore, pursuant to the Court's order referring this case to Office of the Federal Public Defender ("FPDO") for the consideration of appointment of counsel (Dkt. 18), and the FPDO's subsequent Notice Re: Appointment of Counsel (Dkt. 21), the Court appoints the following attorney to represent Petitioner in this immigration habeas case. See 18 U.S.C. § 3006A(a)(2)(B) (authorizing appointment for persons seeking relief under section 2241). Sean Richard Olender (Bar No. 196226). This appointment order shall issue nunc pro tunc to the date of the FPDO's Notice Re: Appointment of Counsel, October 14, 2026. Counsel shall file a notice of appearance in this case by no later than October 20, 2026. IT IS SO ORDERED. (SEE ORDER FOR FURTHER DETAILS.) (lkr) (Entered: 10/16/2026)
Main Document: Appoint Counsel
#14
Oct 16, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Sean Olender counsel for Petitioner Sergio Pilar Loza Napoles. Adding Sean Olender as counsel of record for Sergio Pilar Loza Napoles for the reason indicated in the G-123 Notice. Filed by Petitioner Sergio Pilar Loza Napoles. (Attorney Sean Olender added to party Sergio Pilar Loza Napoles(pty:pet))(Olender, Sean) (Entered: 10/16/2026)
Main Document: Notice of Appearance or Withdrawal of Counsel (G-123)
#15
Oct 21, 2026
Reply (Motion related)
Main Document: Reply (Motion related)
#16
Oct 23, 2026
Response
Main Document: Response
#17
Oct 23, 2026
Amended Document (Non-Motion)
Main Document: Amended Document (Non-Motion)
#18
Oct 26, 2026
Order Requiring Return/Answer to Petition
Main Document: Order Requiring Return/Answer to Petition
#19
Nov 04, 2026
Notice (Other)
Main Document: Notice (Other)
#20
Nov 05, 2026
(IN CHAMBERS) ORDER TO SHOW CAUSE RE FAILURE TO RESPOND TO COURT ORDER REQUIRING RESPONSE TO AMENDED PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Daniel S. Roberts. To date, Respondents have not filed an Answer to the Amended Petition. As s uch, they have defaulted on their obligation to "show cause why the writ should not be granted" and to "certify the true cause of the detention." 28 U.S.C. § 2243. Given Respondents filed an Answer to the original Petition (s ee Doc. No. 11), however, it appears that the failure of Respondents to file an Answer to the Amended Petition may have been inadvertent rather than a conscious decision to not oppose the Amended Petition. Thus, Respondents are hereby ORDERED TO SHOW CAUSE in writing, no later than 5:00 p.m. on November 6, 2026, why they have failed to comply with the Court's Order requiring them to file an Answer to the Amended Pettion and show cause why the habeas petition should not be granted. Responden ts may do so either by filing the Answer to the Amended Petition in which they address ALL claims and bases alleged in the Amended Petition or by filing a sworn Declaration showing good cause for their failure to comply with the Court's Octobe r 26th Order and a commitment to the date by which they will file an Answer to the Amended Petition. FAILURE TO RESPOND TO THIS ORDER WILL BE TREATED AS A CONCESSION THAT PETITIONER IS ENTITLED TO THE RELIEF SOUGHT IN THE AMENDED PETITION, INCLUDING HIS RELEASE FROM RESPONDENTS' CUSTODY ON REASONABLE CONDITIONS OF SUPERVISION. If Respondents timely file an Answer to the Amended Petition, Petitioner may file a Reply thereto within three days of service of that Answer, after which the case will be taken under submission for decision without oral argument, unless otherwise ordered by the Court. IT IS SO ORDERED. (SEE ORDER FOR FURTHER DETAILS.) (lkr)
Main Document: Order to Show Cause
#21
Nov 06, 2026
Response
Main Document: Response
#22
Nov 07, 2026
Traverse
Main Document: Traverse

Parties

James Janecka
Party
Sergio Pilar Loza Napoles
Party