Eastern District of California • 1:26-cv-00130

(HC) Altamirano Rios v. Cruz

Active

Case Information

Filed: January 08, 2026
Assigned to: Daniel J. Calabretta
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: January 17, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 08, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Orestes Cruz, Executive Office for Immigration Review, Todd Lyons, Kristi Noem, Minga Wofford by Eleazar Nazario Altamirano Rios. (Filing fee $ 5, receipt number ACAEDC-12738683) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits in Support of Habeas)(Rios, George) (Entered: 01/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 09, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/12/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 01/09/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#3
Jan 15, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Rios, George) (Entered: 01/15/2026)
Main Document: CONSENT/DECLINE
#4
Jan 15, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#5
Jan 15, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 1/15/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 4 ). The issues raised therein appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Sergio Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. On or before January 19, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinct from the Court's prior orders in the cases listed above and would justify denial of a preliminary injunction. Respondents should also state whether they oppose this Court converting the Motion for Temporary Restraining Order to a Motion for Preliminary Injunction. Petitioner may file a reply on or before January 20, 2026. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. Petitioners counsel is DIRECTED to send a copy of the petition and provide the Petitioner's full name and A number to the US Attorneys Office by January 15, 2026 at 7:00 P.M., at their email usacae.ecf2241-imm@usdoj.gov. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 01/15/2026)
Jan 15, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jan 16, 2026
Amended Complaint
Main Document: Amended Complaint
#7
Jan 16, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#8
Jan 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Pamela Bondi,Anthony Andrews for Orestes Cruz,Anthony Andrews for Executive Office for Immigration Review,Anthony Andrews for Todd Lyons,Anthony Andrews for Kristi Noem,Anthony Andrews for Minga Wofford (Andrews, Anthony) (Entered: 01/16/2026)
Main Document: DESIGNATION
#9
Jan 16, 2026
RESPONSE by Respondents to 6 Amended Petition for Writ of Habeas Corpus and OPPOSITION to 4 Motion for Temporary Restraining Order and Preliminary Injunction re 5 Minute Order. (Andrews, Anthony) Modified on 1/20/2026 (KLY). (Entered: 01/16/2026)
Main Document: RESPONSE
#10
Jan 17, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 1/16/2026: In light of Respondents' concession that there are no factual or legal issues in this case that render this case distinct from the prior cases cited in the Court's prior minute order (see ECF No. 9 at 2) and for the reasons stated in the orders in those prior cases (see ECF No. 5 ), IT IS HEREBY ORDERED that Petitioner's Motion for Temporary Restraining Order (ECF No. 4 ) is converted to a Motion for Preliminary Injunction and is GRANTED. Respondents are ORDERED to immediately release Petitioner Eleazar Nazario Altamirano Rios from their custody. Respondents shall not impose any additional restrictions on him, unless that is determined to be necessary at a future pre-deprivation/custody hearing. If the government seeks to re-detain Petitioner, it must provide no less than seven (7) days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter pursuant to section 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond must be considered. The merits of this matter are REFERRED to the assigned Magistrate Judge for all further pretrial proceedings. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 01/17/2026)
Jan 17, 2026
Minute Order AND Order on Motion for TRO

Parties

Cruz
Party
(HC)Altamirano Rios
Party