Eastern District of California • 1:26-cv-02537

(HC) Benitez Rivera v. Warden

Active

Case Information

Filed: April 03, 2026
Assigned to: Dena M. Coggins
Referred to: Jeremy D. Peterson
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 All Respondents by Israel De Jesus Benitez Rivera. (Deputy Clerk OML) (Entered: 04/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Israel De Jesus Benitez Rivera. (Deputy Clerk OML) (Entered: 04/06/2026)
Main Document: Temporary Restraining Order
#3
Apr 03, 2026
MOTION to APPOINT COUNSEL by Israel De Jesus Benitez Rivera. (Deputy Clerk OML) (Entered: 04/06/2026)
Main Document: Appoint Counsel
#4
Apr 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Israel De Jesus Benitez Rivera. (Deputy Clerk OML) (Entered: 04/06/2026)
Main Document: In Forma Pauperis
Apr 03, 2026
RECEIPT number 100007764 for $5.00 for Israel De Jesus Benitez Rivera from Geo Secure Services. (Deputy Clerk OML)
#5
Apr 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/11/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/06/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#6
Apr 06, 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: 04/06/2026)
Main Document: CONSENT/DECLINE
#7
Apr 06, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/6/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. This court has previously addressed the legal issues raised by Count One of the Petition. See M.M. v. Bondi, No. 1:26-cv-00813-DC-AC, 2026 WL 604200 (E.D. Cal. Mar. 4, 2026); Nasar v. Warden, No. 2:26-cv-00433-DC-AC, 2026 WL 731160 (E.D. Cal. Mar. 16, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 4/9/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the prior orders listed above. Petitioner may file a Reply by 12:00 PM on 4/24/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 04/06/2026)
Apr 06, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Apr 06, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Israel De Jesus Benitez Rivera. (Deputy Clerk OML)
Apr 06, 2026
Service by Mail
Apr 06, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Israel De Jesus Benitez Rivera. (Text Only Entry) (Deputy Clerk CRS)
#10
Apr 29, 2026
Dismiss
Main Document: Dismiss

Parties

(HC) Benitez Rivera
Party
Warden
Party