Eastern District of California • 1:26-cv-01933

(HC) Avalos Garcia v. Albarran

Completed

Case Information

Filed: March 10, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 06, 2026
Last Activity: September 10, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 10, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Vicente Avalos Garcia. (Attachments: # 1 Civil Cover Sheet)(Bidad, Helia) (Entered: 03/10/2026)
Main Document: Petition for Writ of Habeas Corpus
Mar 10, 2026
RECEIPT number ACAEDC-13017208 for $5.00 for Writ of Habeas Corpus from Bidad, Helia. (Deputy Clerk OFR)
#2
Mar 11, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk CLA) (Entered: 03/11/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Mar 12, 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: 03/12/2026)
Main Document: CONSENT/DECLINE
#4
Mar 12, 2026
CERTIFICATE / PROOF of SERVICE by Vicente Avalos Garcia. (Bidad, Helia) Modified on 3/16/2026 (HAH). (Entered: 03/12/2026)
Main Document: Certificate / Proof of Service
#5
Mar 16, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vicente Avalos Garcia for attorney Michael Joseph Ferrara to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13038231) (Attachments: # 1 Exhibit - NY Certificate of Good Standing) (Bidad, Helia) (Entered: 03/16/2026)
Main Document: Application for Pro Hac Vice and Proposed Order
#6
Mar 16, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vicente Avalos Garcia for attorney H. Atticus Ballesteros to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13038288) (Attachments: # 1 Exhibit - IL Certificate of Admission) (Bidad, Helia) (Entered: 03/16/2026)
Main Document: Application for Pro Hac Vice and Proposed Order
#7
Mar 19, 2026
PRO HAC VICE ORDER signed by Magistrate Judge Chi Soo Kim on 3/18/2026 GRANTING 5 Application for Pro Hac Vice. Added Attorney Michael Joseph Ferrara, PHV for Vicente Avalos Garcia. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk RRB) (Entered: 03/19/2026)
Main Document: Order on Application for Pro Hac Vice
#8
Mar 19, 2026
PRO HAC VICE ORDER signed by Magistrate Judge Chi Soo Kim on 3/18/2026 GRANTING 6 Application for Pro Hac Vice. Added Attorney Henry Atticus Ballesteros, PHV for Vicente Avalos Garcia. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk RRB) (Entered: 03/19/2026)
Main Document: Order on Application for Pro Hac Vice
#9
Mar 19, 2026
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 3/19/2026. Parties must review this MINUTE ORDER Document, which is a scheduling order. (1) Within 5 days from the date of this order, counsel for petitioner shall provide the Court and respondents with petitioner's alien number. (2) Respondents are directed to file an answer or motion to dismiss within 7 days from the date of this order. (3) Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 7 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondent to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. (4) The Courtroom Deputy will serve a copy of the petition and this order on the United States Attorney via email usacae.ecf2241-imm@usdoj.gov. [See attached for details.] (Deputy Clerk AW) (Entered: 03/19/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Mar 26, 2026
MOTION to DISMISS by Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Weger, Shelley) (Entered: 03/26/2026)
Main Document: Dismiss
#11
Apr 02, 2026
OPPOSITION to 10 Motion to Dismiss by Vicente Avalos Garcia. (Ferrara, Michael) Modified on 4/7/2026 (KS). (Entered: 04/02/2026)
Main Document: Opposition to Motion
#12
Apr 17, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 4/17/2026 RECOMMENDING the 11 petition for writ of habeas corpus be GRANTED; Respondents' 10 motion to dismiss be DENIED; Respondents be ordered to provide petitioner Vincente Avalos Garcia (A-221-489-580) with a bond hearing within 7 days of the adoption of these findings and recommendations where petitioner has the burden to demonstrates that he is not a flight risk or danger to the community. Petitioner shall be allowed to have his counsel; Respondents be directed to file, within 5 days of the bond hearing, a status report addressing petitioner's status; and the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Judge Dena Coggins. Objections due within 7 days of the service of these findings and recommendations. (Deputy Clerk RRB) (Entered: 04/17/2026)
Main Document: Findings and Recommendations
#13
Apr 23, 2026
OBJECTIONS to 12 FINDINGS and RECOMMENDATIONS by Respondents . (Weger, Shelley) (Entered: 04/23/2026)
Main Document: Objections to Findings and Recommendations
#14
Apr 27, 2026
RESPONSE by Vicente Avalos Garcia to 13 Objections to Findings and Recommendations. (Ferrara, Michael) (Entered: 04/27/2026)
Main Document: RESPONSE
#15
May 06, 2026
ORDER signed by District Judge Dena M. Coggins on 05/05/26 ADOPTING 12 Findings and Recommendations in part, GRANTING 1 Writ of Habeas Corpus, and DENYING 10 Motion to Dismiss. Petitioner Vincente Avalos Garcia (A-221-489- 580) shall be RELEASED IMMEDIATELY from Respondents' custody. CASE CLOSED. (cc Cal City) (Deputy Clerk VLC) (Entered: 05/06/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss
#16
May 06, 2026
JUDGMENT dated *05/06/26* pursuant to order signed by District Judge Dena M. Coggins on 05/05/26 in favor of Petitioner. (Deputy Clerk VLC) (Entered: 05/06/2026)
Main Document: Judgment
#17
May 20, 2026
MOTION for EXTENSION of TIME until 8/4/2026 to File a Bill of Costs by Vicente Avalos Garcia. (Attachments: # 1 Proposed Order)(Ferrara, Michael) Modified on 5/28/2026 (KS). (Entered: 05/20/2026)
Main Document: Miscellaneous Relief
#18
Jun 03, 2026
MOTION for Administrative Relief to Extend Deadline to File Motion for Attorney's Fees by Vicente Avalos Garcia. (Attachments: # 1 Proposed Order)(Ferrara, Michael) (Entered: 06/03/2026)
Main Document: Miscellaneous Relief
#19
Jun 05, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 6/5/2026: Having considered the pending 17 18 motions, the court GRANTS 17 18 Petitioner's requests for an extension of time and directs that any motion for attorneys' fees and bill of costs shall be filed by 8/4/2026. (Text Only Entry) (Deputy Clerk MCF) (Entered: 06/05/2026)
Jun 05, 2026
Minute Order AND Order on Motion for Extension of Time AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Set/Reset Deadlines and Hearings
#20
Aug 04, 2026
MOTION for ATTORNEY FEES and Costs by Vicente Avalos Garcia. (Attachments: # 1 Memorandum, # 2 Declaration of Michael Ferrara, # 3 Exhibit 1 - Billing Records, # 4 Exhibit 2 - Cost Records, # 5 Declaration of Vicente Avalos Garcia)(Ferrara, Michael) (Entered: 08/04/2026)
Main Document: Attorney Fees
#21
Aug 18, 2026
MOTION for 7-DAY EXTENSION OF TIME to Respond to 20 Motion for Attorney Fees by All Respondents. (Attachments: # 1 Proposed Order) (Weger, Shelley) Modified on 8/25/2026 (KS). (Entered: 08/18/2026)
Main Document: Extension of Time
#22
Aug 19, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 8/19/2026: On 8/18/2026, Respondents filed a 21 motion for an extension of time to file a response to the pending 20 motion for attorneys' fees. Good cause appearing, the court GRANTS the 21 motion and directs Respondents to file their response to the motion by no later than 8/25/2026. (Text Only Entry) (Deputy Clerk MCF) (Entered: 08/19/2026)
Aug 19, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#23
Aug 25, 2026
SECOND MOTION for 7-DAY EXTENSION OF TIME to Respond to 20 Motion for Attorney Fees by All Respondents. (Attachments: # 1 Proposed Order) (Weger, Shelley) Modified on 8/31/2026 (KS). (Entered: 08/25/2026)
Main Document: Extension of Time
#24
Aug 26, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 8/26/2026: On 8/25/2026, Respondents filed a 23 Second Motion for an Extension of Time to file a response to the pending 20 Motion for Attorneys' Fees. Good cause appearing, the court GRANTS the 23 Motion and DIRECTS Respondents to file their response to the Motion by no later than 9/1/2026. (Text Only Entry) (Deputy Clerk MCF) (Entered: 08/26/2026)
Aug 26, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#25
Sep 01, 2026
OPPOSITION to 20 Motion for Attorney Fees and MOTION for ABEYANCE by All Respondents. (Weger, Shelley) Modified on 9/3/2026 (KS). (Entered: 09/01/2026)
Main Document: Opposition to Motion
#26
Sep 10, 2026
REPLY by Vicente Avalos Garcia re 20 Motion for Attorney Fees,. (Ferrara, Michael) (Entered: 09/10/2026)
Main Document: REPLY

Parties

Albarran
Party
(HC) Avalos Garcia
Party