Eastern District of California • 1:26-cv-02920

#1

Apr 17, 2026

2241 PETITION for WRIT of HABEAS CORPUS against the Warden Golden State Annex by Eduardo Antonio Montoya-Garcia. (Deputy Clerk RRB) (Entered: 04/20/2026)

#2

Apr 17, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Eduardo Antonio Montoya-Garcia. (Deputy Clerk RRB) (Entered: 04/20/2026)

#3

Apr 17, 2026

MOTION to APPOINT COUNSEL by Eduardo Antonio Montoya-Garcia. (Deputy Clerk RRB) (Entered: 04/20/2026)

#4

Apr 20, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 04/20/2026)

#5

Apr 20, 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: 04/20/2026)

#6

Apr 20, 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: 04/20/2026)

#7

Apr 21, 2026

RELATED CASE ORDER signed by Chief District Judge Troy L. Nunley on 04/20/26 RELATING cases 1:26-cv-02920-TLN-AC and 1:26-cv-00693-DJC-CKD. This related case is REASSIGNED to District Judge Daniel J. Calabretta and Magistrate Judge Carolyn K. Delaney for all further proceedings; any dates currently set in this case are VACATED. Chief District Judge Troy L. Nunley, Magistrate Judge Allison Claire no longer assigned to case. New Case Number: 1:26-cv-2920 DJC CKD. (cc TLN, AC) (Deputy Clerk VLC) (Entered: 04/21/2026)

#8

Apr 22, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Audrey Benison Hemesath, GOVT terminated.. (Hemesath, Audrey) (Entered: 04/22/2026)

#9

Apr 22, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/22/2026: Upon review of the Petition, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file a supplemental brief in support of the Petition. If no brief is filed in that time, this matter shall be referred to the assigned Magistrate Judge pursuant to Local Rule 302(c)(17). The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 04/22/2026)

Apr 22, 2026

Service by Mail

Apr 22, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Apr 22, 2026

SERVICE BY MAIL: 9 Minute Order served on Eduardo Antonio Montoya-Garcia. (Deputy Clerk GJM)

Apr 22, 2026

SERVICE BY MAIL: 7 Order Reassigning Case served on Eduardo Antonio Montoya-Garcia. (Deputy Clerk KLY)

#10

Apr 29, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/29/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 9. Attorney Benjamin Forrest Hall is hereby APPOINTED as CJA counsel for Petitioner on an ad hoc basis. The Clerk of Court shall update the docket to reflect Attorney Benjamin Forrest Hall, Pacifica Law Group APC at 801 1st Street, Ste B, Benicia, CA 94510, 510-759-5256, bhall@benhlaw.com as counsel for Petitioner in this matter, nunc pro tunc to 4/29/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 04/29/2026)

Apr 29, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

Apr 29, 2026

SERVICE BY MAIL: 10 Minute Order served on Eduardo Antonio Montoya-Garcia. (Deputy Clerk GJM)

Apr 29, 2026

Service by Mail

#11

Apr 30, 2026

NOTICE of APPEARANCE by Benjamin Forrest Hall on behalf of Eduardo Antonio Montoya-Garcia. (Hall, Benjamin) (Entered: 04/30/2026)

#12

May 18, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/18/2026: This matter is REFERRED to the assigned Magistrate Judge for all further proceedings consistent with E.D. Cal. L.R. 302(c)(17). See ECF No. 9. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 05/18/2026)

May 18, 2026

Minute Order

#13

May 19, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/19/2026: Petitioner's 2 Motion for Leave to Proceed In Forma Pauperis is GRANTED. Within 14 (fourteen) days Petitioner must SHOW CAUSE why this action should not be dismissed as duplicative of M.G. v. Warden, Golden State Annex ICE Det. Facility, 1:26-cv-0693 DJC CKD P. (Text Only Entry) (Deputy Clerk JRM) (Entered: 05/19/2026)

#14

May 19, 2026

[DISREGARD: DOCKETED TO INCORRECT CASE] FINDINGS and RECOMMENDATIONS (Text Only): On 4/7/2026, Plaintiff's 1 Complaint was dismissed with leave to amend. The Amended Complaint was due on 5/11/2026, and Plaintiff has not filed an Amended Complaint. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 (fourteen) days after being served with these Findings and Recommendations, Plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time waives the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk JRM) Modified on 5/20/2026 (JRM). (Entered: 05/19/2026)

#15

May 19, 2026

MOTION for Leave to File Supplemental Brief by Eduardo Antonio Montoya-Garcia. (Attachments: # 1 Declaration)(Hall, Benjamin) Modified on 5/26/2026 (HAH). (Entered: 05/19/2026)

#16

May 19, 2026

SUPPLEMENTAL BRIEF in support of 1 Petition for Writ of Habeas Corpus filed by Eduardo Antonio Montoya-Garcia. (Hall, Benjamin) Modified on 5/26/2026 (HAH). (Entered: 05/19/2026)

May 19, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings

May 19, 2026

Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings

#17

May 20, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/20/2026: Because the court does not permit supplemental pleadings, Local Rule 220, Petitioner's 15 Motion for Leave to Supplement the pending 1 Petition for a Writ of Habeas Corpus is DENIED. Petitioner is reminded to SHOW CAUSE by 6/2/2026, why this action should not be dismissed as duplicative of M.G. v. Warden, Golden State Annex ICE Det. Facility, 1:26-cv-0693 DJC CKD P. Finally as to Petitioner's argument in the proposed supplemental brief that Petitioner is a member of the Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM class, Maldonado Bautista does not apply in this case because, on 3/6/2026, the Ninth Circuit stayed application of the decision outside of the Central District. No. 26-1044, ECF No. 5 at 1. (Text Only Entry) (Deputy Clerk LMK) (Entered: 05/20/2026)

May 20, 2026

Minute Order AND Order on Motion for Miscellaneous Relief

#18

Jun 02, 2026

RESPONSE by Eduardo Antonio Montoya-Garcia to ORDER TO SHOW CAUSE re Duplicative Case. (Hall, Benjamin) Modified on 6/3/2026 (KLY). (Entered: 06/02/2026)

#19

Jun 04, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 06/04/2026: The order to show cause entered 5/20/2026, is DISCHARGED. Petitioner (A No. 204 572 910) is GRANTED 21 (twenty-one) days within which to file an Amended Petition for a Writ of Habeas Corpus. (Text Only Entry) (Deputy Clerk JRM) (Entered: 06/04/2026)

Jun 04, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#20

Jun 25, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Eduardo Antonio Montoya-Garcia.(Hall, Benjamin) (Entered: 06/25/2026)

#21

Jun 26, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/26/2026: Respondents are GRANTED 14 (fourteen) days to file a response to Petitioner's 20 Amended Petition for a Writ of Habeas Corpus. Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the Petition. Petitioner may file a reply within 14 (fourteen) days of service of the response. Petitioner A No. 204 572 910. (Text Only Entry) (Deputy Clerk LMK) (Entered: 06/26/2026)

Jun 26, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#22

Jul 10, 2026

RESPONSE by Warden, Golden State Annex to 20 Amended Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rodriguez, Camilo) (Entered: 07/10/2026)

#23

Jul 10, 2026

DIGITAL AUDIO RECORDING of Bond Hearing filed by Warden, Golden State Annex re 21 . Date & Time 05/11/2026 13:00, Duration 00:08:13. File size [3.9 MB]. (Rodriguez, Camilo) (Entered: 07/10/2026)

#24

Jul 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Zachary John Ray, GOVT for Warden, Golden State Annex, attorney Camilo Rodriguez, GOVT terminated (Ray, Zachary) (Entered: 07/14/2026)

#25

Jul 18, 2026

REPLY by Eduardo Antonio Montoya-Garcia re 22 Response. (Hall, Benjamin) (Entered: 07/18/2026)

#26

Jul 20, 2026

NOTICE of RELATED CASE(S) 1:26-cv-02920-DJC-CKD, 1:26-CV-05557-TLN-JDP by Warden, Golden State Annex. (Ray, Zachary) (Entered: 07/20/2026)

#27

Jul 20, 2026

STATUS REPORT by Warden, Golden State Annex. (Ray, Zachary) (Entered: 07/20/2026)

#28

Aug 05, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/4/2026 RECOMMENDING the 20 First Amended Petition for Writ of Habeas Corpus be granted and the Executive Office of Immigration Review and Department of Justice be ordered within 14 days to provide petitioner a hearing before an immigration judge where continued detention be permitted only if the Department of Homeland Security demonstrates by clear and convincing evidence that petitioner presents an unacceptable risk of flight or that petitioner is a danger to the community and failure of this hearing is grounds for petitioners release. It is FURTHER RECOMMENDED this case be closed. Referred to Judge Daniel J. Calabretta. Objections to these Findings and Recommendations due within 7 days. (Deputy Clerk AMW) (Entered: 08/05/2026)

#29

Aug 13, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/13/2026 RELATING this case to E.D. Cal. Case No. 1:26-cv-05557-DJC-CKD. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/13/2026)

Aug 13, 2026

Minute Order

#30

Aug 19, 2026

ORDER signed by District Judge Daniel J. Calabretta on 8/18/2026 ADOPTING the 28 Findings and Recommendations and GRANTING the 20 Amended Petition for Writ of Habeas Corpus. The Executive Office of Immigration Review and Department of Justice is ORDERED to provide a hearing before an immigration judge 14 days from the filed date of this order. CASE CLOSED. (Deputy Clerk VLK) (Entered: 08/19/2026)

#31

Aug 19, 2026

JUDGMENT dated *8/19/2026* pursuant to order signed by District Judge Daniel J. Calabretta on 8/18/2026. (Deputy Clerk VLK) (Entered: 08/19/2026)

#32

Aug 25, 2026

NOTICE OF COMPLIANCE by Warden, Golden State Annex. (Attachments: # 1 Exhibit)(Ray, Zachary) (Entered: 08/25/2026)

#33

Sep 08, 2026

MOTION to ENFORCE JUDGMENT and for Immediate Release; RESPONSE to Respondents' 32 Notice of Compliance by Eduardo Antonio Montoya Garcia. (Attachments: # 1 Declaration of Hall, # 2 Declaration Nikhil Bhatnagar)(Hall, Benjamin) Modified on 9/9/2026 (KLY). (Entered: 09/08/2026)

#34

Sep 08, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Eduardo Antonio Montoya Garcia. (Hall, Benjamin) (Entered: 09/08/2026)

#35

Sep 09, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/9/2026: Having considered Petitioner's Motion for a Temporary Restraining Order (ECF No. 34 ) the Court cannot at this time find a likelihood of success on the merits. The Court expresses frustration at counsel for Respondents' failure to inform the Court that a bond hearing had occurred before it adopted the Magistrate Judge's Findings and Recommendations that included an order for a bond hearing to take place (ECF Nos. 28, 30 ). Nevertheless, given that the prior bond hearing otherwise facially complied with that order, the Court does not find that failure to hold a second bond hearing violated the Court's order. Accordingly, the Motion for a Temporary Restraining Order (ECF No. 34 ) is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. This Order does not address any argument that the bond hearing violated due process or any other provision of law. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/09/2026)

Sep 09, 2026

Minute Order AND Order on Motion for TRO

#36

Sep 10, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 9/10/2026: Respondents are GRANTED 14 (fourteen) days to file a response to Petitioner's 33 Motion to Enforce. Petitioner may file a reply within 14 (fourteen) days of service of the response. Petitioner A No. 204 572 910. (Text Only Entry) (Deputy Clerk LMK) (Entered: 09/10/2026)

Sep 10, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#37

Sep 24, 2026

DIGITAL AUDIO RECORDING of Bond Hearing filed by Warden, Golden State Annex. Date & Time 07/16/2026, Duration 32:05. File size [15.4 MB]. (Ray, Zachary) (Entered: 09/24/2026)

#38

Sep 24, 2026

RESPONSE to 33 Motion to Enforce Judgment by Warden, Golden State Annex. (Attachments: # 1 Exhibit) (Ray, Zachary) Modified on 9/30/2026 (KS). (Entered: 09/24/2026)

#39

Oct 02, 2026

REPLY by Eduardo Antonio Montoya Garcia re 38 Response. (Attachments: # 1 Declaration SUPPLEMENTAL DECLARATION OF NIKHIL BHATNAGAR IN SUPPORT OF MOTION TO ENFORCE JUDGMENT AND FOR IMMEDIATE RELEASE)(Hall, Benjamin) (Entered: 10/02/2026)

#40

Oct 05, 2026

FINDINGS and RECOMMENDATIONS (Text Only): On 8/19/2026, the District Court judge assigned to this case granted Petitioner's 20 Amended Petition for a Writ of Habeas Corpus and ordered the Executive Office of Immigration Review and Department of Justice to provide Petitioner a hearing before an immigration judge where continued detention be permitted only if the Department of Homeland Security demonstrates by clear and convincing evidence that Petitioner presents an unacceptable risk of flight or that Petitioner is a danger to the community. Unbeknownst to counsel for the parties, or the court, a hearing was provided to Petitioner on 7/16/2026. In a 33 Motion to Enforce Judgment, Petitioner claims the hearing provided did not satisfy the District Court's order since it occurred before the order issued. The fact that the ordered hearing occurred before the 8/19/2026 30 Order did not result in any harm to Petitioner. The court has listened to the recording of the hearing, reviewed the written decision of the immigration judge and finds that the hearing provided satisfied the requirements of the subsequent order. Because Petitioner has received the habeas relief ordered, IT IS HEREBY RECOMMENDED that Petitioner's 33 Motion to Enforce Judgment be DENIED. These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 (fourteen) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within 14 (fourteen) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Petitioner A No. 204 572 910. (Deputy Clerk LMK) (Entered: 10/05/2026)

Oct 05, 2026

Findings and Recommendations