Eastern District of California • 1:26-cv-08390

(HC) Le v. Warden of Mesa Verde Ice Processing Center

Completed

Case Information

Filed: October 13, 2026
Assigned to: Dale Alan Drozd
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 23, 2026
Last Activity: October 30, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden of Mesa Verde Ice Processing Center by Chau Hong Lo. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk VLC) (Entered: 10/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Chau Hong Lo. (Deputy Clerk VLC) (Entered: 10/15/2026)
Main Document: In Forma Pauperis
#3
Oct 13, 2026
MOTION to APPOINT COUNSEL by Chau Hong Lo. (Deputy Clerk VLC) (Entered: 10/15/2026)
Main Document: Appoint Counsel
#4
Oct 15, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 10/15/2026)
Main Document: Immigration New Case Documents
#5
Oct 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of Mesa Verde Ice Processing Center (Yu, Jonathan) (Entered: 10/15/2026)
Main Document: DESIGNATION
Oct 15, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Chau Hong Lo. (Deputy Clerk VLC)
Oct 15, 2026
Service by Mail
#6
Oct 16, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 10/16/2026: In light of petitioner's pro se status, the court will construe the request for emergency relief in the 1 petition as a request for a temporary restraining order. Pending the issuance of the court's order resolving the pending 1 motion for temporary restraining order, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 1 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 1 motion for temporary restraining order by 5:00 PM on Monday, 10/19/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 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. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 10/16/2026)
#7
Oct 16, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 10/16/26 GRANTING 2 Motion to Proceed IFP. Respondents are DIRECTED to file an answer or motion to dismiss within 7 days from the date of this order. Respondents shall provide petitioner's alien registration number. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondents to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. A notice of change of address must be properly served on other parties. Service of documents at the address of record for a party is fully effective. (Deputy Clerk KML) (Entered: 10/16/2026)
Main Document: Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 16, 2026
SERVICE BY MAIL: 7 Order served on Chau Hong Lo. (Deputy Clerk KML)
Oct 16, 2026
Minute Order
Oct 16, 2026
Service by Mail
Oct 16, 2026
SERVICE BY MAIL: 6 Minute Order served on Chau Hong Lo. (Deputy Clerk PAB)
#8
Oct 19, 2026
OPPOSITION to Motion for Temporary Restraining Order and ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Respondent Warden of Mesa Verde Ice Processing Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Yu, Jonathan) Modified on 10/20/2026 (KLY). (Entered: 10/19/2026)
Main Document: OPPOSITION
Oct 21, 2026
RE-SERVICE BY MAIL: 4 Immigration New Case Documents, 6 Minute Order, and 7 Order re-served on Chau Hong Le with added A Number. (Deputy Clerk KS)
Oct 21, 2026
Service by Mail
#9
Oct 23, 2026
ORDER signed by District Judge Dale A. Drozd on 10/22/2026 GRANTING 1 Petition for writ of habeas corpus and DIRECTING Respondent to IMMEDIATELY RELEASE petitioner Chau Hong Le, A-File No. 027-394-204, from respondent's custody. The Clerk of the Court is also directed to enter judgment in favor of petitioner and close this case. CASE CLOSED. (cc Mesa Verde Detention Facility) CASE CLOSED. (Deputy Clerk VLK)
Main Document: Order AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
#10
Oct 23, 2026
JUDGMENT dated *10/23/2026* pursuant to order signed by District Judge Dale A. Drozd on 10/22/2026 in favor of Petitioner. (Deputy Clerk VLK) (Entered: 10/23/2026)
Main Document: Judgment
Oct 23, 2026
Service by Mail
Oct 23, 2026
SERVICE BY MAIL: 9 Order, 10 Judgment served on Chau Hong Le. (Deputy Clerk VLK)
#12
Oct 30, 2026
Notice (Other)
Main Document: Notice (Other)

Parties

(HC) Lo
Party
Warden of Mesa Verde Ice Processing Center
Party