Eastern District of California • 1:26-cv-08598

(HC) Palacios Luviano v. Warden, Golden State Annex Detention Facility

Active

Case Information

Filed: October 19, 2026
Assigned to: Daniel J. Calabretta
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 04, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 19, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex Detention Facility by Luis Antonio Palacios Luviano. (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 19, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Luis Antonio Palacios Luviano. (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document: In Forma Pauperis
#3
Oct 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Luis Antonio Palacios Luviano. (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document: Temporary Restraining Order
#4
Oct 19, 2026
MOTION to APPOINT COUNSEL by Luis Antonio Palacios Luviano. (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document: Appoint Counsel
#5
Oct 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document: Immigration New Case Documents
#6
Oct 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Golden State Annex Detention Facility (Yu, Jonathan) (Entered: 10/21/2026)
Main Document: DESIGNATION
#7
Oct 21, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 10/21/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner's prior release from custody created a liberty interest that entitles Petitioner to pre-deprivation notice and opportunity to be heard. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD; see also M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. Respondents are ORDERED TO SHOW CAUSE on or before October 26, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release based on the violation of Petitioner's due process rights by filing a return as provided in 28 U.S.C. § 2243. This 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 GJM) (Entered: 10/21/2026)
Oct 21, 2026
SERVICE BY MAIL: 7 Minute Order served on Luis Antonio Palacios Luviano. (Deputy Clerk GJM)
Oct 21, 2026
Service by Mail
Oct 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 21, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Luis Antonio Palacios Luviano. (Deputy Clerk VLK)
#8
Oct 26, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#9
Nov 04, 2026
ORDER signed by District Judge Daniel J. Calabretta on 11/04/26 GRANTING 1 Petition for Writ of Habeas Corpus and ORDERING Respondents to IMMEDIATELY RELEASE Petitioner Luis Antonio Palacios Luviano A# 240-857-008 from custody and shall not impo se any additional restrictions on Petitioner, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are permanently ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circ umstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where Petitioner shall be allowed counsel present. This Order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. Respondents shall file a status report within 5 days confirming Petitioner's release. Clerk to serve Golden State Annex with this order, ENTER judgment in favor of Petitioner, and CLOSE case. This Order resolves all pending motions (cc: GSA). CASE CLOSED. (Deputy Clerk AJB)
Main Document: Order AND ~Util - Terminate Civil Case
#10
Nov 04, 2026
Judgment
Main Document: Judgment
Nov 04, 2026
Service by Mail

Parties

(HC) Palacios Luviano
Party
Warden, Golden State Annex Detention Facility
Party