Civil Procedure Cases
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Civil Procedure

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Charlys Xavier Arenas Villamizar (A No. 244 646 012) v. Warden, California City ICE Detention Facility, et al. — Magistrate judge recommends denial of habeas petition challenging ICE detention after immigration judge found petitioner a threat to public safety

A magistrate judge recommends denying a habeas petition by a Venezuelan national detained by ICE, holding that the immigration judge’s finding that he is a threat to public safety was not an abuse of discretion and that prolonged detention during removal proceedings does not violate the Fifth

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Adriano Gayer Xavier v. Warden, Central Valley Annex, et al. — Magistrate judge recommends denying habeas petition after bond hearing held; motion to dismiss denied as moot

A magistrate judge recommends denying a § 2241 habeas petition challenging ICE detention because the petitioner received a bond hearing before an immigration judge who denied bond, and the record shows lawful detention under § 1226(a) with a valid arrest warrant and custody determination.

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Jesus Morales-Bautista (A-215-828-482) v. Warden, California City ICE Detention Facility, et al. — District court adopts magistrate judge’s findings and grants habeas petition, ordering immediate release of immigration detainee on due process grounds

The district court adopted the magistrate judge’s findings and recommendations, granted the § 2241 habeas petition, and ordered the immediate release of petitioner Jesus Morales-Bautista from ICE custody, rejecting the government’s mandatory-detention argument under 8 U.S.C. § 1225.

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Roisbel E.G. v. Director of the Central Valley Annex Center, et al. — District court adopts magistrate’s findings and grants habeas petition, ordering immediate release of immigration detainee and enjoining re-detention without seven-days’ notice and a pre-deprivation hearing

The court adopted the magistrate judge’s findings and recommendations in full, granted the petition for a writ of habeas corpus, and ordered the immediate release of petitioner Roisbel E.G. with an injunction barring re-detention absent seven-days’ notice and a pre-deprivation hearing before a neutr

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Burr v. Ridgecrest Municipal, et al. — Magistrate judge recommends dismissing § 2241 petition without prejudice under Younger during pending Kern County prosecution

A magistrate judge recommended dismissal without prejudice under Younger v. Harris because the relief sought by state detainee Derek Howard Burr would interfere with his pending prosecution. The judge separately discussed the apparent lack of exhaustion.

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Varela-Rodriguez v. Warden, California City Detention Center — Magistrate judge recommends denying habeas petition without prejudice, denying motion to dismiss, and denying motion to proceed; motion to appoint counsel denied

A magistrate judge recommends denying an immigration detainee’s second § 2241 habeas petition without prejudice, finding that while the abuse-of-the-writ doctrine bars re-litigation of the initial due-process claim, the prolonged-detention claim survives but fails on the merits under Mathews v

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Warren Andrew Nelsen v. Mule Creek State Prison Health Care Service — Magistrate judge recommends dismissal of habeas petition because it challenges a prior § 1983 data-breach suit, not the legality of custody

A magistrate judge recommended dismissing a pro se state prisoner’s § 2254 petition because it attacks the outcome of a prior § 1983 data-breach lawsuit rather than the constitutionality of his custody.

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Daniel Ochoa v. Doerer, No. 1:26-cv-02110-SAB-HC (E.D. Cal. Nov. 3, 2026) — Magistrate Judge recommends dismissal of § 2241 petition for lack of jurisdiction because the savings clause does not permit an intervening change in career-offender guideline interpretation to circumvent AEDPA’s restrictions on successive § 2255 motions

A magistrate judge recommends dismissing a federal prisoner’s § 2241 petition for lack of jurisdiction, concluding that the savings clause of § 2255(e) does not allow a prisoner to use an intervening change in career-offender guideline interpretation to bypass AEDPA’s restrictions on sec

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Dung Tan Nguyen v. Warden of the California City Detention Facility, et al. — District court adopts magistrate judge’s findings and grants habeas petition, making preliminary injunction permanent

The district court adopted the magistrate judge’s findings and recommendations in full, granted the petition for writ of habeas corpus, and made the preliminary injunction permanent after finding petitioner’s due process rights were violated when he was detained without compliance with 8 C.F.R. § 24

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Alejandro Andres Perez, et al. v. County of Kern, et al. — Court consolidates two civil actions against Kern County under Rule 42(a) and designates lead case

The court consolidated the Perez and E.P. actions against Kern County for all purposes, designated Perez as the lead case, directed closure of the E.P. member case, terminated the separate pending motions, vacated existing scheduling dates, and set a consolidated pleading schedule and new conference

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Daniel Sebastian Venegas-Murcia v. Markwayne Mullin, Secretary, United States Department of Homeland Security; Rodney S. Scott, Commissioner, United States Customs and Border Protection; Gregory J. Archambeault, Acting Field Office Director for San Diego, U.S. Immigration and Customs Enforcement; Doug Glen, Special Agent in Charge for San Diego, Homeland Security Investigations, U.S. Immigration and Customs Enforcement; Warden of Imperial Regional Detention Facility; Does 1 to 10 — Court orders habeas petitioner released and bars re-detention without pre-deprivation proof of flight risk or danger

The district court granted Daniel Sebastian Venegas-Murcia’s habeas petition in part, finding that his re-detention without notice, an individualized reason, or a hearing violated due process, and ordered the federal respondents to release him within twenty-four hours and not re-detain him wit

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Tate v. Nakashyan, No. 1:22-cv-00624-EGC (E.D. Cal. Nov. 3, 2026) — Magistrate judge orders redacted production of PREA investigation and grievance documents with protective order

The court conducted in camera review of three confidential prison documents and ordered their redacted production to the pro se prisoner plaintiff, finding disclosure outweighs institutional safety concerns, and imposed a sua sponte protective order limiting use and retention.

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Gholami v. Chestnut, No. 1:25-cv-01644-DAD-ICD (E.D. Cal. Nov. 3, 2026) — District court adopts magistrate judge’s findings and grants habeas petition, holding that re-detention of former immigration detainees without notice and a pre-deprivation bond hearing violates the Fifth Amendment Due Process Clause

The court adopts the magistrate judge’s findings and recommendations in full, grants the petition for writ of habeas corpus, and enjoins respondents from re-detaining petitioners without written notice and a pre-detention hearing before a neutral adjudicator.

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R. A. M. A. v. Minga Wofford, et al. — District court adopts magistrate judge’s findings and grants habeas petition, enjoining re-detention without a pre-deprivation hearing

The district court adopted the magistrate judge’s findings and recommendations in full, granted the petition for writ of habeas corpus, and enjoined respondents from re-detaining the petitioner without notice and a pre-deprivation hearing before an immigration judge where the government bears

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Carl Henry Obin v. Markwayne Mullin, et al. — Court grants habeas petition and orders release after ICE re-detained a Haitian parolee without notice or changed circumstances

The court granted Carl Henry Obin’s amended habeas petition and ordered his release on his prior terms because ICE re-detained him without notice, an opportunity to be heard, or evidence of materially changed circumstances concerning danger or flight risk.

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Yasmani Figueredo Varona v. Warden of the California City Detention Center — District court grants habeas petition and orders bond hearing within 14 days for immigration detainee previously released on parole

The court granted the petition for writ of habeas corpus and ordered the respondent to provide the petitioner with a bond hearing before a neutral decisionmaker within 14 days, at which the government bears the burden of proving flight risk or danger to the community by clear and convincing evidence

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Strike 3 Holdings, LLC v. John Doe, subscriber assigned IP address 23.119.229.224 — Court grants early subpoena to identify anonymous BitTorrent infringer

The court granted Strike 3 Holdings’ ex parte application for leave to serve a Rule 45 subpoena on AT&T Internet prior to a Rule 26(f) conference to obtain the identity of a John Doe defendant alleged to have infringed 29 adult films via BitTorrent, finding good cause under the three-fact

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Monji v. County of Kern, No. 25-2146 (9th Cir. Nov. 3, 2026) – Ninth Circuit affirms summary judgment for defendants in pretrial detainee’s § 1983 action alleging inadequate medical care, improper segregation, unsanitary conditions, and failure to protect

The Ninth Circuit affirmed the district court’s grant of summary judgment for all defendants in a pretrial detainee’s § 1983 action, holding that the district court correctly applied the objective deliberate indifference standard under the Fourteenth Amendment and that the plaintiff fail

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Strike 3 Holdings, LLC v. John Doe, subscriber assigned IP address — Court permits an early ISP subpoena and temporarily preserves the defendant’s pseudonymity

The court authorized Strike 3 Holdings to subpoena Spectrum for an anonymous subscriber’s name and physical address before the Rule 26(f) conference, finding good cause under the three-factor early-discovery test and imposing privacy and challenge safeguards.

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Alfonso Jose Cardenas Perez v. Warden of the California City Detention Center — District court grants habeas petition and orders immediate release of Venezuelan parolee detained by ICE without notice or hearing

The court granted a § 2241 habeas petition and ordered the immediate release of a Venezuelan national paroled into the United States, holding that his detention by ICE without notice or a pre-deprivation hearing violated due process because he had acquired a liberty interest in his continued release

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Faus Signature Hospitality LLC, et al. v. Markwayne Mullin, et al. — Court affirms USCIS’s O-1A denial because errors on two criteria left the beneficiary short of the three-criterion threshold

The court granted summary judgment to the government and affirmed USCIS’s denial of an O-1A petition, concluding that errors concerning the judging-panel and high-salary criteria were harmless because Ricard Faus Rodriguez still satisfied fewer than three of the eight threshold criteria.

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Papassara Suksatan (A-009-170-619) v. Warden, California City Detention Center, et al. — Magistrate judge recommends dismissal of § 2241 habeas petition as moot after petitioner’s voluntary departure from the United States

The magistrate judge recommends dismissing the habeas petition as moot because the petitioner was removed from the United States on September 22, 2026, pursuant to a voluntary departure request, ending her ICE custody and eliminating any live controversy.

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