Eastern District of California • 1:26-cv-00441

#1

Jan 20, 2026

2241 PETITION for WRIT of HABEAS CORPUS against all respondents by Klifford Antenor Montalvan Reyes. (Deputy Clerk VLK) (Entered: 01/21/2026)

#2

Jan 20, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Klifford Antenor Montalvan Reyes. (Deputy Clerk VLK) (Entered: 01/21/2026)

#3

Jan 20, 2026

MOTION to APPOINT COUNSEL by Klifford Antenor Montalvan Reyes. (Deputy Clerk VLK) (Entered: 01/21/2026)

Jan 20, 2026

RECEIPT number 100006993 for $5.00 for filing fee from Klifford Antenor Montalvan Reyes. (Deputy Clerk VLK)

#4

Jan 22, 2026

Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Set/Clear Flags

Jan 22, 2026

Service by Mail

Jan 22, 2026

SERVICE BY MAIL: 4 Order served on Klifford Antenor Montalvan Reyes. (Deputy Clerk KS)

#5

Jan 27, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/27/2026: The Court has been notified of Counsel's contact information, pursuant to the 1/22/2026 4 Order. Attorney Timothy Zindel is hereby APPOINTED pro hac vice as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Timothy Zindel as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 01/27/2026)

Jan 27, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#6

Feb 03, 2026

Amended Petition for Writ of Habeas Corpus

#7

Feb 04, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Jonathan Williams, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Jonathan Williams, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Williams, GOVT for Current or Acting United States Attorney General,Jonathan Williams, GOVT for Warden of the Golden State Annex Detention Facility (Williams, Jonathan) (Entered: 02/04/2026)

#8

Feb 04, 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. (Anonymous) (Entered: 02/04/2026)

#9

Feb 04, 2026

RESPONSE by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility to 1 Petition for Writ of Habeas Corpus, 6 Amended Petition for Writ of Habeas Corpus. (Williams, Jonathan) (Entered: 02/04/2026)

#10

Feb 10, 2026

Temporary Restraining Order

#11

Feb 11, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 2/11/2026: The court has reviewed Petitioner's 6 Amended Petition for Writ of Habeas Corpus and 10 Motion for Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the Motion for Temporary Restraining Order by 12:00 PM on 2/13/2026. In their response, Respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Selis Tinoco v. Noem, et al., 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), D.L.C. v. Wofford, et al., 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026), and other similar cases previously decided by this court, or indicate that the matter is not substantively distinguishable. Petitioner may file a Reply on or before 2/17/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 02/11/2026)

Feb 11, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#12

Feb 12, 2026

OPPOSITION to 10 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit Initiation Documents, # 2 Exhibit Criminal Minute Order)(Williams, Jonathan) Modified on 2/18/2026 (HAH). (Entered: 02/12/2026)

#13

Feb 13, 2026

Findings and Recommendations

#14

Feb 15, 2026

Objections to Findings and Recommendations

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Feb 17, 2026

Reply to Response to Motion

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Mar 17, 2026

Temporary Restraining Order

#17

Mar 18, 2026

Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings

#18

Mar 19, 2026

Findings and Recommendations AND Order

#19

Mar 25, 2026

Amended Petition for Writ of Habeas Corpus

#20

Mar 25, 2026

Temporary Restraining Order

#21

Mar 26, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/26/2026: The court has reviewed Petitioner's 19 Second Amended Petition for Writ of Habeas Corpus and 20 Motion for a Temporary Restraining Order. Courts within the Ninth Circuit have recently addressed claims substantially similar to those raised by Petitioner in his 20 Motion for a Temporary Restraining Order. See, e.g, S.E. v. Noem, No. 1:26-cv-00356-DAD-SCR, 2026 WL 206085 (E.D. Cal. Jan. 27, 2026; Brandon Y.M. v. Andrews, No. 1:25-cv-01962-SKO, 2026 WL 125234 (E.D. Cal. Jan. 16, 2026); E.C. v. Noem, No. 2:25-cv-01789-RFB-BNW, 2025 WL 2916264 (D. Nev. Oct. 14, 2025). Respondents shall file an Opposition or Statement of Non-Opposition to the 20 Motion for a Temporary Restraining Order by 12:00 PM on 3/31/2026. Petitioner shall file a Reply thereto by 12:00 PM on 4/2/2026. In their respective briefs, the parties shall address whether any provision of law or fact in this case would distinguish it from the courts' decisions in S.E., Brandon Y.M., and E.C., and whether there is any reason Petitioner should not be granted the same relief as was granted to the petitioners in those cases. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/26/2026)

Mar 26, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#22

Mar 30, 2026

Opposition to Motion

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Apr 02, 2026

Reply to Response to Motion

#24

Apr 06, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/6/2026: In Respondents' 22 Opposition to Petitioner's 20 Motion for a Temporary Restraining Order, Respondents maintain that Petitioner is subject to mandatory detention under either 8 U.S.C. § 1225(b)(2)(A) or 8 U.S.C. § 1226(c)(1)(E)(ii). (Doc. No. 22 at 1.) However, Respondents acknowledge that "this court has repeatedly rejected their argument that 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens previously released into the United States," and they are "unaware of any cases holding that noncitizens detained under section 1226(c)(1)(E)(ii), whose cases," like Petitioner's, "are later dismissed, lack due process rights to bond hearings." (Id.) Respondents further attempt to distinguish the cases cited in the court's 21 Order by arguing that "here, Petitioner was detained while the [predicate] charges were still pending," whereas "[i]n the cited cases, DHS detained the noncitizen after prosecution had been declined." (Id.) But those cases held that, where a noncitizen's detention is predicated on a dismissed charge, due process requires that the noncitizen be provided the opportunity to argue for his release, otherwise the noncitizen will not be "afforded any opportunity to contest the lawfulness of his detention." S.E., 2026 WL 206085, at *3. The criminal charges predicating Petitioner's initial detention have since been dismissed. (Doc. No. 19 at 4.) Thus, as in S.E., absent court intervention requiring a bond hearing, Petitioner will not be afforded any opportunity to contest the lawfulness of his detention. For the reasons explained in S.E., Brandon Y.M., and E.C., Petitioner has established a likelihood of success on the merits of his claim that his continued detention without a bond hearing violates his right to due process. Accordingly, Petitioner's 20 Motion for a Temporary Restraining Order is GRANTED as follows: Within fourteen (14) days of the date of this Order, Respondents shall provide Petitioner Klifford Antenor Montalvan-Reyes (A-391-288-694) with a bond hearing before an immigration judge where Respondents shall bear the burden of establishing by clear and convincing evidence that Petitioner presents a danger to the community or flight risk if released thereby justifying his continued detention. See Martinez v. Clark, 124 F.4th 775, 785 (9th Cir. 2024). This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 04/06/2026)

Apr 06, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

Apr 07, 2026

Minute Order AND Order on Motion for TRO

Apr 17, 2026

Minute Order

#29

Apr 21, 2026

Stipulation and Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#30

Apr 21, 2026

Miscellaneous Relief

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Apr 23, 2026

Opposition to Motion

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Apr 28, 2026

Reply to Response to Motion

May 07, 2026

Minute Order AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Terminate Deadlines and Hearings

#34

May 11, 2026

06 - HC/Order Requiring Respondent to File a Response

#37

Jun 24, 2026

Findings and Recommendations

#38

Jun 30, 2026

Objections to Findings and Recommendations

#39

Jun 30, 2026

Notice of Change of Address