Eastern District of California • 1:26-cv-02371
(HC) Luna Rivera v. Johnson
Active
Case Information
Filed: March 27, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 30, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 27, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Erick Fernando Luna Rivera. (Deputy Clerk OML) (Entered: 03/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Erick Fernando Luna Rivera. (Deputy Clerk OML) (Entered: 03/30/2026)
Main Document:
Temporary Restraining Order
#3
Mar 27, 2026
MOTION for APPOINTMENT of COUNSEL by Erick Fernando Luna Rivera. (Deputy Clerk OML) (Entered: 03/30/2026)
Main Document:
Appoint Counsel
#4
Mar 27, 2026
MOTION to EXPEDITE CONSIDERATION by Erick Fernando Luna Rivera. (Deputy Clerk OML) (Entered: 03/30/2026)
Main Document:
Miscellaneous Relief
#5
Mar 30, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/4/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 03/30/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#6
Mar 30, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/30/2026: Pending the issuance of the court's order resolving the pending 2 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 2 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondents with a copy of the petition and 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. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Tuesday, 3/31/2026. In that opposition, respondents shall specify whether petitioner has been previously detained by immigration authorities and substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026) or Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026), 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 and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 03/30/2026)
#7
Mar 30, 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: 03/30/2026)
Main Document:
CONSENT/DECLINE
#8
Mar 30, 2026
OPPOSITION by Tae D. Johnson, Warden to 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit I-213 Forms, # 2 Proof of Service Proof of Service)(Williams, Jonathan) (Entered: 03/30/2026)
Main Document:
Opposition to Motion
Mar 30, 2026
Service by Mail
Mar 30, 2026
RECEIPT number 100007693 for $5.00 from Erick Fernando Luna Rivera. (Deputy Clerk OML)
Mar 30, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Erick Fernando Luna Rivera. (Deputy Clerk OML)
Mar 30, 2026
SERVICE BY MAIL: 6 Minute Order served on Erick Fernando Luna Rivera. (Deputy Clerk PAB)
Mar 30, 2026
Minute Order
#9
Apr 01, 2026
Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Apr 08, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 08, 2026
Service by Mail
Apr 20, 2026
Service by Mail
#12
Apr 30, 2026
Petition for Writ of Habeas Corpus
Main Document:
Petition for Writ of Habeas Corpus
Parties
(HC) Luna Rivera
Party
Johnson
Party