govinfo:USCOURTS-caed-1_26-cv-04150-0

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UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF CALIFORNIA 
 
WILLYVAN MELCHOR GARCIA, 
Petitioner, 
v. 
WARDEN, CALIFORNIA CITY 
IMMIGRATION PROCESSING 
CENTER, 
Respondents. 
No. 1:26-cv-04150-DJC-JDP 
 
RELEASE ORDER 
A# 240-327-081 
Petitioner Willyvan Melchor Garcia is an immigration detainee proceeding with 
a Petition for Writ of Habeas Corpus (ECF No. 1) and Motion for Temporary 
Restraining Order (ECF No. 2). The Court has previously addressed the legal issues 
raised in Count 2 of the Petition. See M.B. v. Noem, 1:26-cv-00005-DJC-AC, 2026 WL 
74155 (E.D. Cal. Jan. 9, 2026); Oli v. Andrews, No. 1:26-cv-00477-DJC-AC, 2026 WL 
253425 (E.D. Cal. Jan 30, 2026). 
The Court informed the parties that it intended to rule directly on the petition 
and ordered Respondents to show cause as to whether there are any factual or legal 
issues in this case that distinguish it from the Court’s prior orders. (ECF No. 6.) 
“Respondent notes that there do not appear to be any substantive factual or legal 

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issues in this case that materially distinguish it from the cases identified in the Order.“ 
(ECF No. 7 at 2.) Neither party objected to the Court ruling directly on the merits of 
the petition. 
Accordingly, as Respondents have not made any new legal arguments and 
have not identified any factual or legal issues in this case that would distinguish it from 
the Court’s prior decisions cited above, IT IS HEREBY ORDERED that the Petition for 
Writ of Habeas Corpus (ECF No. 1) is GRANTED as to Count 2, for the reasons stated 
in those prior orders.1 
Respondents are ORDERED to immediately release Petitioner Willyvan Melchor 
Garcia from their custody. Respondents shall not impose 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-arresting or re-detaining Petitioner absent compliance with 
constitutional protections, which include, at a minimum, pre-deprivation notice 
describing the change of circumstances necessitating Petitioner’s arrest and 
detention, and a timely hearing. At any such hearing, the Government shall bear the 
burden of establishing, by clear and convincing evidence, that Petitioner poses a 
danger to the community or a risk of flight, and Petitioner shall be allowed to have 
their 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 five (5) days confirming Petitioner’s 
release. 
The Clerk of the Court is directed to serve California City Detention Facility with 
a copy of this Order. 
 
1 In the interests of judicial economy, the Court declines to address the remaining grounds for relief in 
the Petition. 

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The Clerk of the Court is further directed to close this case and enter judgment 
for Petitioner. This Order resolves all pending motions. 
 
IT IS SO ORDERED. 
 
Dated: June 10, 2026 
Hon. Daniel J. Calabretta 
UNITED STATES DISTRICT JUDGE 
 
 

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