Eastern District of California • 1:25-cv-01094

(HC) M.T.M. v. Andrews

Terminated

Case Information

Filed: August 28, 2025
Assigned to: Jennifer L. Thurston
Referred to: Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Terminated: August 29, 2025
Last Activity: September 02, 2025
Parties: View All Parties →

Docket Entries

#1
Aug 28, 2025
2241 PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Kristi Noem, Pam Bondi, Moises Becerra by M.T.M.. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk TEL) (Entered: 08/28/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 28, 2025
MOTION for TEMPORARY RESTRAINING ORDER by M.T.M. (Deputy Clerk TEL). (Entered: 08/28/2025)
Main Document: Temporary Restraining Order
#3
Aug 28, 2025
PROPOSED ORDER re Temporary Restraining Order 2 by M.T.M. (Deputy Clerk TEL) (Entered: 08/28/2025)
Main Document: PROPOSED
#4
Aug 28, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 10/2/2025. (Attachments: # 1 Litigant Letter) (Deputy Clerk TEL) (Entered: 08/28/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Aug 28, 2025
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by M.T.M. for attorney Pirzada Ahmad to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12432229) (McMahon, Sean) . (Entered: 08/28/2025)
Main Document: Application for Pro Hac Vice and Proposed Order
#6
Aug 28, 2025
MINUTE ORDER (Text Only Entry) Having considered the papers filed thus far in this matter and pursuant to 28 U.S.C. § 2243, Respondent is ordered to show cause in writing no later than 3:00 p.m. on September 2, 2025 why the Court should not grant petitioner's motion for a temporary restraining order (Doc. 2 ). Petitioner may file a reply no later than 3:00 p.m. on September 3, 2025. The Parties are further ordered to appear for a hearing on the motion on Friday, September 5, 2025, at 9:30 a.m. on Zoom (details to be provided to the parties prior to the hearing) before the undersigned.In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that defendants shall not remove petitioner from the United States nor transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo.In addition, no later than noon tomorrow, August 29, 2025, Respondent is ORDERED to inform the Court of Petitioner's location and, if he has left this District, provide documentation showing when and to where he was moved.No later than today, August 28, 2025, petitioner's counsel is directed: (1) to serve respondents with a copy of the petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on August 28, 2025. (Deputy Clerk IM) (Entered: 08/28/2025)
#7
Aug 28, 2025
CERTIFICATE / PROOF of SERVICE by M.T.M.. (McMahon, Sean) (Entered: 08/28/2025)
Main Document: Certificate / Proof of Service
Aug 28, 2025
Minute Order AND ~Util - Set/Reset Motion Hearing
#8
Aug 29, 2025
CLERK'S NOTICE to Sean Lai McMahon: The filing fee in the amount of $5.00 is required and must be paid ASAP electronically using the event Payment of Fees. (Deputy Clerk CRM) (Entered: 08/29/2025)
#9
Aug 29, 2025
SUPPLEMENT by M.T.M. re 2 MOTION for TEMPORARY RESTRAINING ORDER. (McMahon, Sean) (Entered: 08/29/2025)
Main Document: SUPPLEMENT
#10
Aug 29, 2025
STATUS REPORT by Tonya Andrews, Moises Becerra, Pam Bondi, Kristi Noem. Attorney Olsen, Edward Alan added. (Olsen, Edward) (Entered: 08/29/2025)
Main Document: STATUS
#11
Aug 29, 2025
DECLARATION of Gallenkamp re 10 Status Report. (Olsen, Edward) (Entered: 08/29/2025)
Main Document: DECLARATION
#12
Aug 29, 2025
MINUTE ORDER (Text Only Entry) It appears from the record that Petitioner was no longer in this jurisdiction when Petitioner gave notice of his request for a temporary restraining order at 12:58 p.m. Pacific Time on August 28, 2025 (see Doc. 9 at para 5.a), nor when the Court issued its minute order at 4:48 pacific time later that day (Doc. 6 ). Thus, the Court does not have jurisdiction over Petitioner's motion brought pursuant to 28 U.S.C. § 2241. The Court stands ready to transfer the petition to the Western District of Louisiana should Petitioner's counsel request that. If so, counsel may email that request (with a copy to counsel for Respondent) to jltorders@caed.uscourts.gov or make a formal filing on the docket. If the Court does not receive such a request by noon on September 3, 2025, it will dismiss the matter without prejudice signed by District Judge Jennifer L. Thurston on August 29, 2025. (Deputy Clerk IM) (Entered: 08/29/2025)
#13
Aug 29, 2025
RESPONSE by M.T.M. to 12 Minute Order,,,. (McMahon, Sean) (Entered: 08/29/2025)
Main Document: RESPONSE
#14
Aug 29, 2025
MINUTE ORDER (Text Only Entry) The evidence presented by petitioner via his counsel (Doc. 9), is that he left Bakersfield at about 11 a.m. on August 28, 2025 and arrived at the Victorville Airport at about 3 p.m., located in the Central District of California. The government attests that, he boarded the plane in Victorville at 2:15 p.m. (Doc. 11 at 2) Even ignoring the government's evidence, the Court notes as a fact of ready determination, that the southern border of this District nearest Victorville, California, is approximately 77 miles. Thus, there is no evidence to suggest that by the time his counsel attempted to file the petition and TRO at 12:58 p.m., that petitioner was still in this judicial district. The matter is ORDERED to be IMMEDIATELY TRANSFERRED to the Central District of California signed by District Judge Jennifer L. Thurston on August 29, 2025. (Deputy Clerk IM) (Entered: 08/29/2025)
Aug 29, 2025
Minute Order
Aug 29, 2025
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-12433097. (McMahon, Sean)
#15
Sep 02, 2025
Order on Application for Pro Hac Vice
Main Document: Order on Application for Pro Hac Vice

Parties

Andrews
Party
(HC) M.T.M.
Party