Eastern District of California • 2:26-cv-01304
(HC) Montalvo Olivares v. Warden
Active
Case Information
Filed: April 03, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 29, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 03, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden by Juan Carlos Montalvo Olivares. (Deputy Clerk AMW) (Entered: 04/03/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Carlos Montalvo Olivares. (Deputy Clerk AMW) (Entered: 04/03/2026)
Main Document:
Temporary Restraining Order
#3
Apr 03, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/7/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 04/03/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Apr 03, 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: 04/03/2026)
Main Document:
CONSENT/DECLINE
#5
Apr 03, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 220-487-417) asserts that he has been detained since January 20, 2026 (Doc. 2 at 1), nearly 75 days ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents 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 the 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 circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied signed by District Judge Jennifer L. Thurston on April 3, 2026. (Deputy Clerk IM) (Entered: 04/03/2026)
Apr 03, 2026
SERVICE BY MAIL: 5 Minute Order on Motion for TRO served on Juan Carlos Montalvo Olivares. (Deputy Clerk IM)
Apr 03, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Juan Carlos Montalvo Olivares. (Deputy Clerk AMW)
Apr 03, 2026
Order on Motion for TRO
Apr 03, 2026
Service by Mail
#6
Apr 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Pamela Jo Bondi,Jonathan Yu, GOVT for Todd M. Lyons,Jonathan Yu, GOVT for Kristi Noem,Jonathan Yu, GOVT for Warden, attorney Melissa K. Lott, GOVT terminated (Yu, Jonathan) (Entered: 04/06/2026)
Main Document:
DESIGNATION
#7
Apr 24, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#8
Apr 29, 2026
Order AND ~Util - Terminate Civil Case
#9
Apr 29, 2026
Judgment
Main Document:
Judgment
Apr 29, 2026
Service by Mail
Parties
(HC) Montalvo Olivares
Party
Warden
Party