Eastern District of California • 1:26-cv-08703

(HC) Rodriguez-Avila v. Warden, California City

Active

Case Information

Filed: October 22, 2026
Assigned to: Daniel J. Calabretta
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 22, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City by Jose Rodriguez-Avila. (Deputy Clerk DAR) (Entered: 10/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 22, 2026
MOTION to APPOINT COUNSEL by Jose Rodriguez-Avila. (Deputy Clerk DAR) (Entered: 10/26/2026)
Main Document: Appoint Counsel
#3
Oct 26, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 10/26/2026)
Main Document: Immigration New Case Documents
#4
Oct 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City (Andrews, Anthony) (Entered: 10/26/2026)
Main Document: DESIGNATION
#5
Oct 26, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 10/26/2026: 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 29, 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: 10/26/2026)
Oct 26, 2026
Service by Mail
Oct 26, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 26, 2026
SERVICE BY MAIL: 5 Minute Order served on Jose Rodriguez-Avila. (Deputy Clerk GJM)
Oct 26, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Jose Rodriguez-Avila. (Deputy Clerk DAR)
#8
Nov 02, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 11/2/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to afford Petitioner JOSE RODRIGUEZ-AVILA (A# 246- 537-793) a constitutionally adequate bond hearing before an Immigration Judge within fourteen (14) days; DIRECTING the Clerk of Court to close this case and to enter judgment for Petitioner. This Order resolves all pending motions. Respondents shall file a status report within five (5) days of Petitioner's bond hearing, confirming a bond hearing was conducted. CASE CLOSED. (Deputy Clerk GJM)
Main Document: Order AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
#9
Nov 02, 2026
Judgment
Main Document: Judgment
Nov 02, 2026
Service by Mail

Parties

(HC) Rodriguez-Avila
Party
Warden, California City
Party