Eastern District of California • 1:26-cv-08554

(HC) Aude v. Andrews

Completed

Case Information

Filed: October 19, 2026
Assigned to: Dena M. Coggins
Referred to: Sean C. Riordan
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 26, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 19, 2026
PETITION for WRIT of HABEAS CORPUS against Delarme Saint Aude by Delarme Saint Aude. (Deputy Clerk VLC) (Entered: 10/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 19, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Delarme Saint Aude. (Deputy Clerk VLC) (Entered: 10/20/2026)
Main Document: In Forma Pauperis
#3
Oct 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Delarme Saint Aude. (Deputy Clerk VLC) (Entered: 10/20/2026)
Main Document: Temporary Restraining Order
#4
Oct 19, 2026
MOTION to APPOINT COUNSEL by Delarme Saint Aude. (Deputy Clerk VLC) (Entered: 10/20/2026)
Main Document: Appoint Counsel
#5
Oct 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 10/20/2026)
Main Document: Immigration New Case Documents
#6
Oct 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Edward Oh, GOVT for Tonya Andrews (Oh, Edward) (Entered: 10/20/2026)
Main Document: DESIGNATION
#7
Oct 20, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/20/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Noncitizens admitted to the United States pursuant to a visa are subject to discretionary detention under 8 U.S.C. § 1226(a) if they "overstay or violate the terms of their visa[]" or lawful nonimmigrant status. See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1167 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the Petition. See e.g., Oliveira Tinoco v. Albarran, No. 1:26-cv-05505-DC-CKD, 2026 WL 2949219 (E.D. Cal. Oct. 1, 2026); Kaur v. Chestnut, No. 1:26-cv-05349-DC-CSK, 2026 WL 2790742, at *1 (E.D. Cal. Sept. 17, 2026); Zhou v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-05774-DC-CSK, 2026 WL 2825584, at *1 (E.D. Cal. Sept. 21, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 10/22/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Oliveira Tinoco, Kaur, and Zhou. Petitioner may file a Reply by 11/5/2026. Both parties should address whether they oppose the court ruling directly on the Petition. Respondents are further directed to include in their response: (i) the detention authority identified by or relied upon by the detaining agency at the time of detention; (ii) all documentation and evidence verifying that basis for detention and reflecting the steps the detaining agency took to comply with the procedural requirements of that detention authority; and (iii) all documentation, if any, reflecting whether and when Petitioner received notice of that basis for detention. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 10/20/2026)
Oct 20, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Oct 20, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Delarme Saint Aude. (Deputy Clerk VLC)
Oct 20, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Delarme Saint Aude. (Text Only Entry) (Deputy Clerk CRS)
Oct 20, 2026
Service by Mail
#8
Oct 22, 2026
OPPOSITION by Respondent Tonya Andrews to 3 MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A)(Oh, Edward) (Entered: 10/22/2026)
Main Document: OPPOSITION
#9
Oct 23, 2026
ORDER signed by District Judge Dena M. Coggins on 10/22/2026 GRANTING 1 Petition for Writ of Habeas and GRANTING 3 Motion for TRO. Petitioner Delarme Saint Aude 231-518-436 is ORDERED to be IMMEDIATELY RELEASED from Respondents' custody with the same conditions subject to immediately prior to detention in August 2026. Respondents are ORDERED not to impose any additional restrictions, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing and RETURN all of Petitioner's documents and possessions upon release from custody. Within 3 days from this order, respondents are DIRECTED to file a Notice of Compliance with the court confirming Petitioner has been released. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. The 2 Motion to Proceed IFP and 4 Motion to Appoint Counsel are DENIED as Moot. The court is DIRECTED to enter judgment for Petitioner and close this case. CASE CLOSED. (cc California City) (Deputy Clerk AMW) (Entered: 10/23/2026)
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
#10
Oct 23, 2026
JUDGMENT dated *10/23/2026* pursuant to order signed by District Judge Dena M. Coggins on 10/22/2026 in favor of Petitioner. (Deputy Clerk AMW) (Entered: 10/23/2026)
Main Document: Judgment
Oct 23, 2026
Service by Mail
Oct 23, 2026
SERVICE BY MAIL: 9 Order and 10 Judgment served on Delarme Saint Aude. (Deputy Clerk AMW)
#11
Oct 26, 2026
NOTICE OF COMPLIANCE re 9 Order,,,,, Terminate Civil Case,,,,, Order on Motion to Proceed in forma pauperis,,,,, Order on Motion for TRO,,,,, Order on Motion to Appoint Counsel,,,, by Tonya Andrews. (Oh, Edward) (Entered: 10/26/2026)
Main Document: Notice of Compliance

Parties

Andrews
Party
(HC) Aude
Party