Eastern District of California • 1:26-cv-08234
(HC) Roque Diaz v. Warden, Central Valley Annex Detention Facility
Completed
Case Information
Filed: October 07, 2026
Assigned to:
Mary K. Dimke
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 30, 2026
Last Activity:
October 30, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 07, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Noelvys Roque Diaz. (Deputy Clerk SZ) (Entered: 10/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Noelvys Roque Diaz. (Deputy Clerk SZ) (Entered: 10/07/2026)
Main Document:
Temporary Restraining Order
#3
Oct 07, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 10/07/2026)
Main Document:
Immigration New Case Documents for Visiting Judge
#4
Oct 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Central Valley Annex Detention Facility (Yu, Jonathan) (Entered: 10/07/2026)
Main Document:
DESIGNATION
Oct 07, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Noelvys Roque Diaz. (Deputy Clerk SZ)
Oct 07, 2026
RECEIPT number 100009927 for $5.00 for Noelvys Roque Diaz from Noelvys Roque. (Deputy Clerk SZ)
Oct 07, 2026
Service by Mail
#5
Oct 08, 2026
MINUTE ORDER (Text Only Entry). The Court has reviewed the Petition for Writ of Habeas Corpus, ECF No. 1, and Motion for Temporary Restraining Order ("TRO"), ECF No. 2 . Due to the urgent nature of the requested relief, the Court intends to rule directly on the Petition and will also consider the arguments and exhibits submitted in support of the Motion for TRO. Respondent shall file a response to the Petition by October 15, 2026. The response shall address the statutory and factual bases for Petitioner's current detention, the circumstances of his initial entry and parole, any expiration or termination of parole, the circumstances of his September 5, 2026, arrest, whether he has requested or received a bond hearing, and the current status of his removal proceedings. Respondent shall specifically address whether Rodriguez Vazquez v. Bostock, 183 F.4th 1160 (9th Cir. 2026), governs Petitioner's detention in light of his entry on humanitarian parole and subsequent arrest in the interior, including the effect of any expiration or termination of parole. Respondent shall also address whether Petitioner was arrested pursuant to a warrant and, if not, the factual and legal bases for the warrantless arrest. Any response must include Petitioner's (A-File # 233-410-828) full and complete Form I-213, Form I-94, any notices to appear, any orders of release or detention, any arrest warrants and custody determinations or notices, any records of bond proceedings, and any other portions of Petitioner's A-File relevant to the issues presented, including available documentation concerning the grant, expiration, or termination of parole, any prior release or supervision, and any alleged violations of its conditions. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by October 22, 2026. Pending a ruling on the Petition for Writ of Habeas Corpus, Respondent shall not transfer Petitioner out of this District without prior Court approval. 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"). Signed by Visiting Judge Mary K Dimke on October 8, 2026. (Deputy Clerk CMV) (Entered: 10/08/2026)
Oct 08, 2026
Service by Mail
Oct 08, 2026
SERVICE BY MAIL: 5 Minute Order served on Noelvys Roque Diaz. (Deputy Clerk CMV)
Oct 08, 2026
Minute Order
#6
Oct 14, 2026
RESPONSE by Warden, Central Valley Annex Detention Facility to 5 Minute Order,,,,,,,,, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit REDACTED I 213, # 2 Exhibit NTA, # 3 Exhibit BOND ORDER)(Yu, Jonathan) (Entered: 10/14/2026)
Main Document:
RESPONSE
#7
Oct 30, 2026
ORDER GRANTING PETITION FOR HABEAS CORPUS IN PART AND REQUIRING BOND HEARING. The Petition for Writ of Habeas Corpus, ECF No. 1, is GRANTED in part, as set forth below. Within ten days of this Order, unless Petitioner requests a later date, Responden t SHALL provide Petitioner an individualized bond hearing before an immigration judge. Petitioner's Motion for Temporary Restraining Order, ECF No. 2, is DENIED as moot. Signed by District Judge Mary K Dimke on 10/30/2026; Civil Case Terminated; CASE CLOSED. (Deputy Clerk LLH)
#8
Oct 30, 2026
JUDGMENT dated *10/30/2029* pursuant to order signed by District Judge Mary K Dimke on 10/30/2026 in favor of Petitioner against Respondent. (Deputy Clerk LLH) (Entered: 10/30/2026)
Main Document:
Judgment
Oct 30, 2026
Service by Mail
Oct 30, 2026
SERVICE BY MAIL: 8 Judgment, 7 Order, served on Noelvys Roque Diaz. (Deputy Clerk LLH)
Parties
(HC) Roque Diaz
Party
Warden, Central Valley Annex Detention Facility
Party