Eastern District of California • 1:25-cv-01440
(HC) M.V.I. v. Andrews
Active
Case Information
Filed: October 29, 2025
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:
November 12, 2025
Parties:
View All Parties →
Docket Entries
#1
Oct 29, 2025
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Tonya Andrews, Pam Bondi, Todd Lyons, Kristi Noem by M.V. I.. (Filing fee $ 5, receipt number ACAEDC-12560519) (Attachments: # 1 Civil Cover Sheet, # 2 Affidavit of Natalia Vieira Santanna, # 3 Exhibit 1- Notice to Appear, # 4 Exhibit 2- Equities, # 5 Exhibit 3- Petitioner's Medical Documents, # 6 Exhibit 4- Medical Documents for Petitioner's Spouse)(Vieira Santanna, Natalia) (Entered: 10/29/2025)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 29, 2025
MOTION for TEMPORARY RESTRAINING ORDER by M.V. I.. (Attachments: # 1 Notice TRO Checklist, # 2 Affidavit of Natalia Vieira Santanna, # 3 Exhibit 1- Immigration Documents, # 4 Exhibit 2- Equities, # 5 Exhibit 3- MVI Medical Documents, # 6 Exhibit 4- MVI's Spouse medical Documents, # 7 Proposed Order)(Vieira Santanna, Natalia) (Entered: 10/29/2025)
Main Document:
Temporary Restraining Order
#3
Oct 29, 2025
MOTION to proceed via pseudonym by M.V. I.. (Attachments: # 1 Proposed Order)(Vieira Santanna, Natalia) (Entered: 10/29/2025)
Main Document:
Miscellaneous Relief
#4
Oct 29, 2025
ORDER RE CONSENT ISSUED. Consent or Decline due within thirty (30) days. (Deputy Clerk OFR) (Entered: 10/29/2025)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Oct 29, 2025
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. (Vieira Santanna, Natalia) (Entered: 10/29/2025)
Main Document:
CONSENT/DECLINE
#6
Oct 30, 2025
MINUTE ORDER (Text Only Entry) On the record filed thus far (Doc. 2 ), it appears Petitioner may be able to demonstrate success on the due process claim and that a prompt bond hearing may be appropriate remedy, as was ordered by this Court in Martinez Hernandez v. Andrews, No. 1:25-CV-01035 JLT HBK, 2025 WL 2495767, at *12 (E.D. Cal. Aug. 28, 2025), and J.S.H.M, v. Wofford., No. 1:25-CV-01309 JLT SKO, 2025 WL 2938808, at *18 (E.D. Cal. Oct. 16, 2025). Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than noon on November 4, 2025 why the Court should not grant Petitioner's motion for a temporary restraining order. Any response SHALL provide the Court with copies of relevant portions of Petitioner's A-File. Alternatively, without waiving appellate rights, Respondents may submit a statement indicating that they will provide a bond hearing within 14 days and will allow Petitioner to be represented at that hearing. If Respondents file a substantive brief, Petitioner may file a reply no later than noon on November 6, 2025. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are demanding a hearing; and (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing if that relief is determined to be appropriate. Depending on the content of the filings, the Court may set a hearing or may rule on the papers.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 exigent 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 the factors governing the issuance of such preliminary relief.No later than October 30, 2025, to the extent not already accomplished, Petitioner's counsel is directed: (1) to serve respondents with a copy of the Petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on October 30, 2025. (Deputy Clerk IM) (Entered: 10/30/2025)
#7
Oct 30, 2025
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Oct 30, 2025
Minute Order
#10
Nov 04, 2025
Opposition to Motion
Main Document:
Opposition to Motion
#11
Nov 05, 2025
Order Reassigning Case
Main Document:
Order Reassigning Case
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