Eastern District of California • 1:26-cv-02172

(HC) Argueta Menjivar v. Mullin

Completed

Case Information

Filed: March 19, 2026
Assigned to: Dena M. Coggins
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: March 24, 2026
Last Activity: March 26, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 19, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut, Orestes Cruz, Markwayne Mullin, RYAN L SPRADLIN, Rodney S. Scott by KEVIN JOSUE ARGUETA MENJIVAR. (Filing fee $ 5, receipt number ACAEDC-13061141) (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Exhibit)(Barrios, Carlos) (Entered: 03/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by KEVIN JOSUE ARGUETA MENJIVAR. (Attachments: # 1 Declaration)(Barrios, Carlos) (Entered: 03/19/2026)
Main Document: Temporary Restraining Order
#3
Mar 19, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/19/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Mar 19, 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: 03/19/2026)
Main Document: CONSENT/DECLINE
#5
Mar 20, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/20/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order, in which Petitioner seeks a court order prohibiting Respondents from transferring Petitioner out of this district so that he remains in close proximity to his counsel. Respondents shall file a response to the 2 Motion by no later than 12:00 PM on 3/24/2026. Petitioner may file a reply by no later than 12:00 PM on 3/25/2026. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/20/2026)
Mar 20, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Mar 22, 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: 03/22/2026)
Main Document: CONSENT/DECLINE
#7
Mar 24, 2026
Opposition to Motion
Main Document: Opposition to Motion
#8
Mar 24, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/24/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised in the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026). In Respondents' 7 Opposition to Petitioner's 1 Petition and 2 Motion for a Temporary Restraining Order, Respondents continue to maintain that Petitioner is "subject to mandatory detention by ICE under 8 U.S.C. § 1225(b)(2)(A)," but they recognize that "the majority of judges in the Eastern District of California have accepted Petitioner's arguments." (Doc. No. 7 at 1); see also J.P.C., v. Chestnut, et al., No. 1:26-cv-02108-DAD-JDP, 2026 WL 788129, at *2 (E.D. Cal. Mar. 20, 2026) (citing Maciel, 2026 WL 496948 at *5) (rejecting the respondents' argument that detention was mandatory under section 1225(b) and granting habeas petition). Respondents further "suggest that if the Court is inclined to grant a preliminary injunction, judicial economy counsels that the Court should go further and enter a final judgment granting habeas corpus on the merits." (Doc. No. 7 at 1.) Accordingly, pursuant to the court's reasoning in Alvarez Maciel, Barajas Ortiz, and J.P.C., Petitioner's 1 Petition is GRANTED, and the court ORDERS the following: (1) Petitioner shall be released immediately from the Respondents' custody; and (2) should Respondents attempt to re-detain Petitioner, they shall provide him with a bond hearing pursuant to 8 C.F.R. 1236.1(c)(8) at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety. This Order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. Petitioner's 3 Motion for a Temporary Restraining Order is DENIED as having been rendered MOOT. The Clerk of the Court is DIRECTED to enter Judgment in favor of Petitioner and close this case. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/24/2026)
Mar 24, 2026
Minute Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#9
Mar 26, 2026
Judgment
Main Document: Judgment

Parties

(HC) Argueta Menjivar
Party
Mullin
Party