Eastern District of California • 1:26-cv-07997

(HC) Cela Velasquez v. Warden, Central Valley Annex Detention Facility

Completed

Case Information

Filed: September 28, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 21, 2026
Last Activity: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 28, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document: In Forma Pauperis
#3
Sep 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document: Temporary Restraining Order
#4
Sep 28, 2026
MOTION to APPOINT COUNSEL by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document: Appoint Counsel
Sep 28, 2026
RECEIPT number 100009821 for $5.00 for Jose Samuel Cela Velasquez from Geo Secure Services LLC. (Deputy Clerk DAR)
#5
Sep 30, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document: Immigration New Case Documents
#6
Sep 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, Central Valley Annex Detention Facility (Williams, Jonathan) (Entered: 09/30/2026)
Main Document: DESIGNATION
#7
Sep 30, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/30/2026: 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); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). This court has also decided cases 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); see also Padilla v. U.S. Immigr. & Customs Enf't, No. 24-2801, 2026 WL 2822044, at *19 (9th Cir. Sept. 21, 2026) ("Noncitizens who arrive illegally and are found away from the border well after arrival are protected from arbitrary detention in violation of the Due Process Clause."). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 10/2/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, and 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 12:00 PM on 10/16/2026. 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: 09/30/2026)
Sep 30, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Jose Samuel Cela Velasquez. (Text Only Entry) (Deputy Clerk CRS)
Sep 30, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Sep 30, 2026
Service by Mail
Sep 30, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Jose Samuel Cela Velasquez. (Deputy Clerk DAR)
#8
Oct 02, 2026
DIGITAL AUDIO RECORDING of August 24, 2026 Bond Hearing filed by Warden, Central Valley Annex Detention Facility. Date & Time 08/24/2026 08:30, Duration 00:01:51. File size [0.7 MB]. (Williams, Jonathan) (Entered: 10/02/2026)
Main Document: DIGITAL
#9
Oct 02, 2026
OPPOSITION to 3 Motion for Temporary Restraining Order by Warden, Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Williams, Jonathan) Modified on 10/5/2026 (KS). (Entered: 10/02/2026)
Main Document: Opposition to Motion
#10
Oct 13, 2026
MOTION to APPOINT COUNSEL by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 10/15/2026)
Main Document: Appoint Counsel
#11
Oct 15, 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: 10/16/2026)
Main Document: CONSENT/DECLINE
#12
Oct 21, 2026
ORDER signed by District Judge Dena M. Coggins on 10/20/26 GRANTING 1 Petition for Writ of Habeas Corpus and 3 Motion for TRO as follows: Respondents are DIRECTED to IMMEDIATELY RELEASE Petitioner Jose Samuel Cela Velasquez (A-241-108-978) from their custody; Upon his release, Respondents SHALL NOT impose any additional restrictions on Petitioner, such as electronic monitoring, unless that is determined to be necessary at a future custody hearing; Respondents are ORDERED to RETURN all of Petitioner's documents and possessions upon his release from custody; and If the government seeks to re-detain Petitioner, they shall provide him with a prompt bond hearing at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety. The remaining pending 2 4 10 Motions are DENIED as having been rendered MOOT by this order.The Clerk of the Court is directed to serve a copy of this order on the Central Valley Annex Detention Facility and enter judgment for Petitioner. CASE CLOSED. (cc Central Valley) (Deputy Clerk KML) (Entered: 10/21/2026)
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
#13
Oct 21, 2026
JUDGMENT dated *10/21/26* pursuant to order signed by District Judge Dena M. Coggins on 10/20/26 in favor of Petitioner. (Deputy Clerk KML) (Entered: 10/21/2026)
Main Document: Judgment
Oct 21, 2026
SERVICE BY MAIL: 12 Order, 13 Judgment served on Jose Samuel Cela Velasquez. (Deputy Clerk KML)
Oct 21, 2026
Service by Mail
Nov 02, 2026
MAIL RETURNED as Undeliverable, Attempted-Not Known: 13 Judgment, 12 Order Terminate Civil Case, Order on Motion to Proceed in forma pauperis, Order on Motion for TRO, Order on Motion to Appoint Counsel sent to Jose Samuel Cela Velasquez. Notice of Change of Address due by 12/10/2026. (Deputy Clerk RS)

Parties

(HC) Cela Velasquez
Party
Warden, Central Valley Annex Detention Facility
Party