Eastern District of California • 1:26-cv-07979

(HC) Rosas Vasquez v. Warden

Active

Case Information

Filed: September 28, 2026
Assigned to: Troy Lynne Nunley
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 13, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Abraham Rosas Vasquez. (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 Abraham Rosas Vasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document: In Forma Pauperis
#3
Sep 28, 2026
MOTION to APPOINT COUNSEL by Abraham Rosas Vasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document: Appoint Counsel
#4
Sep 30, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document: Immigration New Case Documents
#5
Sep 30, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/30/2026: 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: 09/30/2026)
#6
Sep 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden (Yu, Jonathan) (Entered: 09/30/2026)
Main Document: DESIGNATION
Sep 30, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Abraham Rosas Vasquez. (Deputy Clerk DAR)
Sep 30, 2026
Service by Mail
Sep 30, 2026
SERVICE BY MAIL: 5 Minute Order served on Abraham Rosas Vasquez. (Deputy Clerk MDK)
Sep 30, 2026
Minute Order
#7
Oct 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 10/01/2026. Petitioner, Abraham Rosas-Vasquez (A# 240-465-056), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. His motion for appointment of counsel 3 is denied without prejudice. The petition, liberally construed, asserts petitioner's detention violates the Immigration and Nationality Act and his federal due process rights. ECF No. 1. The Ninth Circuit recently ruled on a similar statutory claim, holding that "[noncitizens] present without admission who are apprehended in the interior of the United States are subject to detention regime of § 1226, not § 1225(b)(2)(A)." Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. 2026). Respondents are therefore directed to file a response within 7 days from the date of this order (see 28 U.S.C. § 2243), which shall substantively address whether there are any factual or legal issues that materially distinguish this case from Rodriguez Vazquez v. Bostock or the court's prior orders in Morales-Flores, v. Lyons, No. 1:25-cv-1640-TLN-EFB, 2025 WL 3552841 (E.D. Cal. Dec. 11, 2025), Brayan C.C. v. Warden of California City Corr. Ctr., No. 2:26-cv-0641-TLN-JDP, 2026 WL 710358 (E.D. Cal. Mar. 13, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 10/01/2026)
Oct 01, 2026
Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Oct 01, 2026
Service by Mail
Oct 01, 2026
SERVICE BY MAIL: 7 Minute Order served on Abraham Rosas Vasquez. (Deputy Clerk JAA)
#8
Oct 06, 2026
NOTICE of RELATED CASE(S) 1:26-cv-05374-NW, 1:26-cv-07979-TLN-AC by Warden. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 10/06/2026)
Main Document: Notice of Related Case
#9
Oct 08, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden. (Yu, Jonathan) (Entered: 10/08/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#10
Oct 13, 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 RRB) (Entered: 10/14/2026)
Main Document: CONSENT/DECLINE

Parties

(HC) Rosas Vasquez
Party
Warden
Party