Eastern District of California • 1:26-cv-08079

#1

Oct 01, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City ICE Detention Facility by Jose Luis Martinez Nunez. (Deputy Clerk DAR) (Entered: 10/02/2026)

#2

Oct 01, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Jose Luis Martinez Nunez. (Deputy Clerk DAR) (Entered: 10/02/2026)

#3

Oct 01, 2026

MOTION to APPOINT COUNSEL by Jose Luis Martinez Nunez. (Deputy Clerk DAR) (Entered: 10/02/2026)

#4

Oct 02, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 10/02/2026)

#5

Oct 02, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City ICE Detention Facility (Andrews, Anthony) (Entered: 10/02/2026)

Oct 02, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Jose Luis Martinez Nunez. (Deputy Clerk DAR)

Oct 02, 2026

Service by Mail

Oct 02, 2026

Immigration New Case Documents

#6

Oct 05, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 10/5/2026 GRANTING 2 Motion for IFP, DEFERRING the ruling on 3 Motion for Appointment of Counsel and DIRECTING Respondent to SHOW CAUSE within 7 days why the Writ should not be granted by filing an answer. Absent a further order of the court, the petition will be taken under submission after the filing of the answer. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondents shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. This order does not prohibit the temporary transfer of Petitioner outside of the District for urgent medical care, though Petitioner shall be returned to the District upon the conclusion of such care. As soon as practicable, Respondent shall notify the Court of any such medical transfer. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in release or that a travel document is obtained for petitioner that will result in imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 10/05/2026)

Oct 05, 2026

SERVICE BY MAIL: 6 Minute Order served on Jose Luis Martinez Nunez. (Deputy Clerk SH)

Oct 05, 2026

Service by Mail

#7

Oct 14, 2026

MOTION for 3-DAY EXTENSION OF TIME to File Response to 1 Petition for Writ of Habeas Corpus by Warden, California City ICE Detention Facility. (Andrews, Anthony) Modified on 10/20/2026 (KS). (Entered: 10/14/2026)

#8

Oct 15, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 10/15/2026: Respondent's motion for an extension of time (ECF No. 7 ) is denied because it was untimely filed and because it would result in prejudice to Petitioner who is entitled to relief pursuant to Gagik T. v. Chestnut, No. 1:26-cv-04337-MWJS, 2026 WL 1837413 (E.D. Cal. June 25, 2026). See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010) (requests for extensions of time made before the applicable deadline has passed should generally be granted in the absence of bad faith or prejudice to adverse party; good cause for an extension of time under Rule 6(b) is a "non-rigorous standard" that is construed broadly). (Deputy Clerk SH) (Entered: 10/15/2026)

#9

Oct 15, 2026

ANSWER to 1 Petition for Writ of Habeas Corpus by Warden, California City ICE Detention Facility. (Andrews, Anthony) Modified on 10/22/2026 (KS). (Entered: 10/15/2026)

#10

Oct 15, 2026

REQUEST to Accept Untimely Brief by Warden, California City ICE Detention Facility. (Andrews, Anthony) Modified on 10/22/2026 (KS). (Entered: 10/15/2026)

Oct 15, 2026

Service by Mail

Oct 15, 2026

Minute Order AND Order on Motion for Extension of Time

Oct 15, 2026

SERVICE BY MAIL: 8 Minute Order served on Jose Luis Martinez Nunez. (Deputy Clerk SH)

#11

Oct 16, 2026

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 10/16/2026 GRANTING Respondent's 10 motion to accept the untimely response brief. IT IS RECOMMENDED that Petitioner's 1 application for a writ of habeas corpus be granted; Respondent be ordered to immediately release Petitioner JOSE LUIS MARTINEZ NUNEZ (A#220-068-039) from their custody and to return all of Petitioner's documents and possessions at the time of release; Respondent be directed to file a notice certifying compliance with the above provisions within 3 days from the date of any final order requiring release; If the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his re-detention is warranted; The final order entered in this case not address the circumstances in which Respondent 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 Court be directed to: a. Serve a copy of any release order on the California City Immigration Processing Center; and, b. Enter judgment in favor of Petitioner and close this case. Referred to Judge Dale A. Drozd. Objections to F&R due within 3 days. (Deputy Clerk KLY) (Entered: 10/16/2026)

Oct 16, 2026

SERVICE BY MAIL: 11 Order And Findings and Recommendations served on Jose Luis Martinez Nunez. (Deputy Clerk KLY)

Oct 16, 2026

Service by Mail

#12

Oct 19, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 11 by Respondent Warden, California City ICE Detention Facility. (Andrews, Anthony) (Entered: 10/19/2026)

#13

Oct 23, 2026

ORDER signed by District Judge Dale A. Drozd on 10/23/2026 ADOPTING the 11 findings and recommendations issued on 10/16/2026 in full and GRANTING petitioner's 1 petition for writ of habeas corpus. Respondent is ORDERED to immediately release petitioner Jose Luis Martinez Nunez, A-File No. 220-068-039, from respondent's custody under the same conditions, if any, he was subject to prior to his re-detention on or about 9/2/2026. Respondent is ENJOINED and RESTRAINED from re-d etaining petitioner unless they provide petitioner with notice and a pre-detention hearing before an immigration judge, at which hearing the government will have the burden of establishing that petitioner is a danger or flight risk by clear and con vincing evidence. The Clerk of the Court is directed to serve a copy of this order on the California City Immigration Processing Center, enter judgment in favor of petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY)

#14

Oct 23, 2026

JUDGMENT dated *10/23/2026* pursuant to order signed by District Judge Dale A. Drozd on 10/23/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 10/23/2026)

Oct 23, 2026

Service by Mail

Oct 23, 2026

SERVICE BY MAIL: 13 Order Adopting Findings and Recommendations, 14 Judgment served on Jose Luis Martinez Nunez. (Deputy Clerk KLY)