govinfo:USCOURTS-caed-1_26-cv-03527-2

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UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF CALIFORNIA 
NEFTALI AGUILAR LOPEZ, 
Petitioner, 
v. 
WARDEN OF THE MESA VERDE 
DETENTION FACILITY, 
Respondent. 
Case No. 1:26-cv-03527-DAD-JDP (HC) 
 
ORDER ADOPTING FINDINGS AND 
RECOMMENDATIONS 
(Doc. Nos. 1, 7) 
 
Petitioner Neftali Aguilar Lopez is a federal immigration detainee proceeding pro se with 
a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a 
United States Magistrate Judge pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 302. 
 On June 1, 2026, the assigned magistrate judge filed findings and recommendations 
recommending that the petition for writ of habeas corpus be granted and petitioner be ordered 
released from custody. (Doc. No. 7.) Specifically, the magistrate judge concluded that 
respondent’s decision to re-detain petitioner without a bond hearing violated due process. (Id. at 
2–7.) The findings and recommendations were served on the parties and contained notice that 
any objections thereto were to be filed within seven (7) days after service. (Id. at 7–8.) On June 
6, 2026, respondent filed objections to the findings and recommendations, which consists of a 
single sentence stating that respondent objects to the findings and recommendations for the 
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reasons stated in respondent’s answer to the petition. (Doc. No. 8.) This objection does not serve 
as a basis to reject the pending findings and recommendations. 
 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 
court finds the findings and recommendations to be supported by the record and by proper 
analysis. 
 For the reasons above, 
1. The findings and recommendations filed on June 1, 2026 (Doc. No. 7) are 
ADOPTED IN FULL; 
2. The petition for writ of habeas corpus (Doc. No. 1), is GRANTED as follows: 
a. Respondent is ORDERED to immediately release petitioner Neftali 
Aguilar Lopez, A-File No. 213-304-181, from respondent’s custody; 
b. Respondent is ENJOINED and RESTRAINED from re-detaining petitioner 
for any purpose, absent exigent circumstances, without written notice and a 
hearing before an immigration judge where respondent will have the 
burden of establishing that petitioner is a danger or flight risk by clear and 
convincing evidence; 
3. The Clerk of Court is directed to serve the Mesa Verde Detention Facility with a 
copy of this order; and 
4. The Clerk of Court is also directed to enter judgment in favor of petitioner and to 
close this case. 
 
IT IS SO ORDERED. 
 
Dated: June 10, 2026 
DALE A. DROZD 
UNITED STATES DISTRICT JUDGE 
 

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