Eastern District of California • 1:26-cv-08119
(HC) Brito Morales v. California City Warden
Active
Case Information
Filed: October 02, 2026
Assigned to:
Dena M. Coggins
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 03, 2026
Parties:
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Docket Entries
#1
Oct 06, 2026
Petition for Writ of Habeas Corpus
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 06, 2026
In Forma Pauperis
Main Document:
In Forma Pauperis
#3
Oct 06, 2026
Appoint Counsel
Main Document:
Appoint Counsel
#4
Oct 06, 2026
Immigration New Case Documents
Main Document:
Immigration New Case Documents
Oct 06, 2026
Service by Mail
#6
Oct 13, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 10/13/2026 DEFERRING the ruling on 3 Motion to Appoint Counsel until after reviewing respondents' response to the 1 Petition and the 2 Motion to Proceed IFP is GRANTED. Respondents is DIRECT ED to file an Answer or Motion to Dismiss within 7 days from this order and Petitioner's reply/traverse to the Answer or Motion to Dismiss is due within 10 days after being served with a copy of the Answer/Motion to Dismiss. A reply by responde nts to an Opposition to Motion to Dismiss is due within 7 days after being served with the opposition. Each party without counsel is DIRECTED to keep the court informed of the current address at all times while the action is pending. (Deputy Clerk AMW)
Oct 13, 2026
Service by Mail
#9
Nov 03, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 11/3/2026 DENYING without prejudice 3 Motion to Appoint Counsel and RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that Respondent be ordered to immediately release petitioner and be ordered to provide petitioner with a copy of these findings and recommendations and the release order at or near the time of release; that if respondent has custody of petitioner's personal possessions an d documents, respondent shall return those to petitioner at the time of release; that respondent be enjoined and restrained from re-detaining petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation, consti tutionally adequate bond hearing before a neutral decisionmaker, that petitioner is a flight risk or danger to the community such that his physical custody is legally justified; that this injunction does not address other circumstances where detentio n authority is established under different authority than what is presented in this case; that given petitioner's pro se status, respondents be directed to file, within 7 days of the adoption of these findings and recommendations, a status repo rt addressing petitioner's status; and that the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to District Judge Dena M. Coggins. Objections due within 7 days of the date of these findings and recommendations. (Deputy Clerk HAH)
Nov 03, 2026
Service by Mail
Parties
California City Warden
Party
(HC) Brito Morales
Party