Eastern District of California • 1:26-cv-09042

(HC) Lemus v. Warden of the Mesa Verde Detention Facility

Active

Case Information

Filed: November 02, 2026
Assigned to: Mary K. Dimke
Referred to: —
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
Nov 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Mesa Verde Detention Facility by Jerson Urias Lemus. (Deputy Clerk SZ) (Entered: 11/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Nov 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jerson Urias Lemus. (Deputy Clerk SZ) (Entered: 11/04/2026)
Main Document: In Forma Pauperis
#3
Nov 02, 2026
MOTION to APPOINT COUNSEL by Jerson Urias Lemus. (Deputy Clerk SZ) (Entered: 11/04/2026)
Main Document: Appoint Counsel
#4
Nov 04, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Jerson Urias Lemus signed by District Judge Mary K Dimke on 11/4/2026. (Deputy Clerk SZ) (Entered: 11/04/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#5
Nov 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 11/04/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#6
Nov 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 11/04/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#7
Nov 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of the Mesa Verde Detention Facility (Yu, Jonathan) (Entered: 11/04/2026)
Main Document: DESIGNATION
#8
Nov 04, 2026
MINUTE ORDER (Text Only Entry). The Court has reviewed the Petition for Writ of Habeas Corpus. ECF No. 1 . Respondents shall file any opposition to the Petition by November 13, 2026. The response shall identify the statutory and factual bases for Petitioner's detention, the date his current detention began, and the status of his removal proceedings. Respondents shall specifically address Petitioner's assertion that he was granted asylum in 2009, whether that status remains in effect, and the status of any application for adjustment of status. Respondents shall also identify whether Petitioner has received a bond hearing and address his claim that continued detention without an individualized bond hearing violates due process. Any response must include Petitioner's complete A-File (A028-806-180), including his full Form I-213, any notices to appear, orders of release or detention, custody warrants or notices, asylum and removal decisions, and bond or custody determinations. Respondents shall also provide records of any criminal charges or convictions relied upon to justify detention. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by November 30, 2026. Petitioner's Motion for Appointment of Counsel, ECF No. 3, is DENIED without prejudice. Considering Petitioner's ability to articulate his claims, the nature of the issues presented, and the limited record presently available to assess the merits, the Court finds that the interests of justice do not require appointment of counsel at this stage. See 18 U.S.C. § 3006A(a)(2)(B). Pending a ruling on the Petition for Writ of Habeas Corpus, Respondents shall not transfer Petitioner out of this District without prior Court approval. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Signed by Visiting Judge Mary K Dimke on November 4, 2026. (Deputy Clerk CMV) (Entered: 11/04/2026)
Nov 04, 2026
SERVICE BY MAIL: 8 Minute Order served on Jerson Urias Lemus. (Deputy Clerk CMV)
Nov 04, 2026
Service by Mail
Nov 04, 2026
SERVICE BY MAIL: 4 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 5 Immigration New Case Documents served on Jerson Urias Lemus. (Deputy Clerk SZ)
Nov 04, 2026
Minute Order AND Order on Motion to Appoint Counsel

Parties

(HC) Lemus
Party
Warden of the Mesa Verde Detention Facility
Party