Eastern District of California • 1:26-cv-01069
(HC) Montenegro-Alcantara v. Warden, Mesa Verde ICE Processing Center
Active
Case Information
Filed: February 06, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
February 11, 2026
Parties:
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Docket Entries
#1
Feb 06, 2026
PETITION for WRIT of HABEAS CORPUS against Todd M. Lyons, Kristi Noem, Warden, Mesa Verde ICE Processing Center by WILMER JESUS MONTENEGRO-ALCANTARA. (Filing fee $ 5, receipt number ACAEDC-12871023) (Ponce, Roger) (Entered: 02/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 06, 2026
CIVIL COVER SHEET filed by WILMER JESUS MONTENEGRO-ALCANTARA. (Ponce, Roger) (Entered: 02/06/2026)
Main Document:
CIVIL
#3
Feb 06, 2026
NOTICE of APPEARANCE by Roger H. Ponce on behalf of WILMER JESUS MONTENEGRO-ALCANTARA. (Ponce, Roger) (Entered: 02/06/2026)
Main Document:
Notice of Appearance
#4
Feb 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/12/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk SR) (Entered: 02/06/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Feb 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Calvin Lee, GOVT for Todd M. Lyons,Calvin Lee, GOVT for Kristi Noem,Calvin Lee, GOVT for Warden, Mesa Verde ICE Processing Center (Lee, Calvin) (Entered: 02/06/2026)
Main Document:
DESIGNATION
#6
Feb 06, 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: 02/06/2026)
Main Document:
CONSENT/DECLINE
#7
Feb 06, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/6/2026: Pending the issuance of the court's order resolving the pending 1 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the courts 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 present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 1 motion for temporary restraining order. Further, no later than Monday, 2/9/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 1 motion for temporary restraining order by 5:00 PM on Tuesday, 2/10/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 02/06/2026)
Feb 06, 2026
Minute Order
Feb 11, 2026
Minute Order
Parties
(HC) Montenegro-Alcantara
Party
Warden, Mesa Verde ICE Processing Center
Party