Eastern District of California • 1:26-cv-08087
(HC) Mercilien v. Ripa
Active
Case Information
Filed: October 02, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
October 28, 2026
Parties:
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Docket Entries
#1
Aug 28, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-19928284, filed by RICHEKARDSAIN MERCILIEN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Exhibit - I94, # 3 Exhibit B - Exhibit - Asylum Application, # 4 Exhibit C- Exhibit - Master Hearing Notice, # 5 Exhibit D- Exhibit - Detainee Locator)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Rodriguez, Melissa) [Transferred from flsd on 10/2/2026.] (Entered: 08/28/2026)
Main Document:
APPLICATION/PETITION
#2
Aug 28, 2026
Judge Assignment to Chief Judge Cecilia M. Altonaga (drz) [Transferred from flsd on 10/2/2026.] (Entered: 08/31/2026)
#3
Sep 01, 2026
ORDER that on or before September 4, 2026, Respondents shall file a memorandum of fact and law ("response") to show cause why the Petition should not be granted and shall file all documents and transcripts necessary for resolution of the Petition. Signed by Chief Judge Cecilia M. Altonaga on 9/1/2026. See attached document for full details. (nt) [Transferred from flsd on 10/2/2026.] (Entered: 09/01/2026)
Main Document:
ORDER
#4
Sep 04, 2026
NOTICE of Attorney Appearance by Timothy J. Abraham on behalf of TODD BLANCHE, Krome Service Processing Center, MARKWAYNE MULLIN, GARRETT RIPA, DAVID VENTURELLA. Attorney Timothy J. Abraham added to party TODD BLANCHE(pty:dft), Attorney Timothy J. Abraham added to party Krome Service Processing Center(pty:dft), Attorney Timothy J. Abraham added to party MARKWAYNE MULLIN(pty:dft), Attorney Timothy J. Abraham added to party GARRETT RIPA(pty:dft), Attorney Timothy J. Abraham added to party DAVID VENTURELLA(pty:dft). (Abraham, Timothy) [Transferred from flsd on 10/2/2026.] (Entered: 09/04/2026)
Main Document:
NOTICE
#5
Sep 04, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to Show Cause, by TODD BLANCHE, Krome Service Processing Center, MARKWAYNE MULLIN, GARRETT RIPA, DAVID VENTURELLA. (Attachments: # 1 Exhibit a, # 2 Exhibit b, # 3 Exhibit c, # 4 Exhibit d, # 5 Exhibit e)(Abraham, Timothy) [Transferred from flsd on 10/2/2026.] (Entered: 09/04/2026)
Main Document:
RESPONSE
#6
Sep 24, 2026
ORDER that the parties have until September 30, 2026 to file memoranda. Signed by Chief Judge Cecilia M. Altonaga on 9/24/2026. See attached document for full details. (nt) [Transferred from flsd on 10/2/2026.] (Entered: 09/24/2026)
Main Document:
ORDER
#7
Sep 30, 2026
MEMORANDUM of Law re 6 Order to Show Cause by RICHEKARDSAIN MERCILIEN. (Rodriguez, Melissa) [Transferred from flsd on 10/2/2026.] (Entered: 09/30/2026)
Main Document:
MEMORANDUM
#8
Sep 30, 2026
RESPONSE TO ORDER TO SHOW CAUSE re 6 Order to Show Cause by TODD BLANCHE, Krome Service Processing Center, MARKWAYNE MULLIN, GARRETT RIPA, DAVID VENTURELLA. (Attachments: # 1 Exhibit A - Detention History)(Abraham, Timothy) [Transferred from flsd on 10/2/2026.] (Entered: 09/30/2026)
Main Document:
RESPONSE
#9
Oct 01, 2026
ORDER. The Clerk shall TRANSFER this case to the United States District Court for the Eastern District of California. Upon transfer, the Clerk shall CLOSE the case. Signed by Chief Judge Cecilia M. Altonaga on 10/1/2026. See attached document for full details. (ebz) [Transferred from flsd on 10/2/2026.] (Entered: 10/02/2026)
Main Document:
~Util - Case Transferred Out - District
#10
Oct 02, 2026
CASE TRANSFERRED IN from District of Florida Southern; Case Number 1:26-cv-25952. (Entered: 10/02/2026)
Main Document:
Case Transferred In - District Transfer
#11
Oct 02, 2026
CLERK'S NOTICE Directing Attorney Melissa De La Caridad Rodriguez to Submit Application to Proceed Pro Hac Vice. (Deputy Clerk AML) (Entered: 10/02/2026)
#12
Oct 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 10/02/2026)
Main Document:
Immigration New Case Documents
#13
Oct 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Todd Blanche,Jonathan Yu, GOVT for Krome Service Processing Center,Jonathan Yu, GOVT for Markwayne Mullin,Jonathan Yu, GOVT for Garrett Ripa,Jonathan Yu, GOVT for David Venturella (Yu, Jonathan) (Entered: 10/02/2026)
Main Document:
DESIGNATION
Oct 02, 2026
Service by Mail
Oct 02, 2026
SERVICE BY MAIL: 12 Immigration New Case Documents, 11 Clerk's Notice served on Melissa De La Caridad Rodriguez NCAED. (Deputy Clerk AML)
#14
Oct 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/4/2026: 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: 10/04/2026)
Oct 04, 2026
Service by Mail
Oct 04, 2026
Minute Order
Oct 04, 2026
SERVICE BY MAIL: 14 Minute Order served on Melissa De La Caridad Rodriguez NCAED. (Deputy Clerk MDK)
#15
Oct 05, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/5/2026: This matter was transferred to this court, ECF No. 10, and has been referred to the magistrate judge, ECF No. 14 . It appears fully briefed by the parties. See ECF Nos. 5, 7, & 8 . By 10/12/2026, either party may submit supplemental briefing for consideration by the court. Thereafter the matter will be submitted. (Text Only Entry). (Deputy Clerk NAC) (Entered: 10/05/2026)
Oct 05, 2026
Minute Order
Oct 05, 2026
SERVICE BY MAIL: 15 Minute Order served on Melissa De La Caridad Rodriguez NCAED. (Deputy Clerk NAC)
Oct 05, 2026
Service by Mail
#16
Oct 19, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/16/26 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; Respondents be ordered to immediately release petitioner from their custody. Respondents shall not impose any additional restrictions on petitioner, unless that is determined to be necessary at a future pre-deprivation hearing; The Clerk of Court be directed to serve Golden State Detention Facility with a copy of this order; and the Clerk of Court be ordered to enter judgment accordingly and close this case. Referred to Judge Troy L. Nunley. Objections due within 3 days of service of these Findings and Recommendations. (Deputy Clerk JAW) (Entered: 10/19/2026)
Oct 19, 2026
Service by Mail
Oct 19, 2026
SERVICE BY MAIL: 16 Findings and Recommendations served on Melissa De La Caridad Rodriguez NCAED. (Deputy Clerk JAW)
#17
Oct 22, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 16 by Respondents Todd Blanche, Krome Service Processing Center, Markwayne Mullin, Garrett Ripa, David Venturella. (Yu, Jonathan) (Entered: 10/22/2026)
Main Document:
Objections to Findings and Recommendations
#18
Oct 27, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 10/26/2026 ADOPTING the 16 findings and recommendations filed 10/19/2026 and GRANTING the 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEAS E Petitioner Richekardsain M. (A# 233-774-285) from their custody on the same conditions as his prior release. Respondents shall not impose any additional restrictions on Petitioner, unless that is determined to be necessary at a future pre-depriva tion hearing. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. See Zadvydas v. Davis, 53 3 U.S. 678, 690 (2001); Hernandez v. Sessions, 872 F.3d 976, 990 (9th Cir. 2017). At any such hearing, Petitioner shall be allowed to have counsel present. Should Petitioner become subject to a final and executable order of removal, the government shall provide Petitioner a minimum of seven days' notice (counting from the date the removal order becomes final and executable) of any intent to execute the order and detain Petitioner. The Clerk of the Court is directed to serve this Order on the Golden State Annex, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KLY)
#19
Oct 27, 2026
Judgment
Main Document:
Judgment
#20
Oct 27, 2026
Judgment
Main Document:
Judgment
Oct 27, 2026
Service by Mail
#21
Oct 28, 2026
Notice of Compliance
Main Document:
Notice of Compliance
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