Central District of California • 5:26-cv-02705

#1

May 20, 2026

PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-42320633 for $5 filing fee, filed by Petitioner VELEM VARGAS MONTELONGO. (Attachments: # 1 Exhibit Exhibit 7, # 2 Civil Cover Sheet) (Attorney Mardy Sproule added to party VELEM VARGAS MONTELONGO(pty:pet))(Sproule, Mardy) (Entered: 05/20/2026)

#2

May 20, 2026

The Petitioner acknowledges the availability of a Magistrate Judge but declines to consent to have a Magistrate Judge conduct all further proceedings in this case, including trial and entry of judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (car) TEXT ONLY ENTRY (Entered: 05/20/2026)

#3

May 20, 2026

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dale S. Fischer and referred to Magistrate Judge Stephanie S. Christensen, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 05/20/2026)

#4

May 20, 2026

Notice of General Order 26-05 and Briefing Schedule. (car) (Entered: 05/20/2026)

#5

May 20, 2026

First EX PARTE APPLICATION for Temporary Restraining Order as to Petition for Writ of Habeas Corpus filed by Petitioner Velem Vargas Montelongo. (Attachments: # 1 Exhibit Exhibit 5 Supplement) (Sproule, Mardy) (Entered: 05/20/2026)

#6

May 20, 2026

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dale S. Fischer. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge Dale S. Fischer to Judge Stanley Blumenfeld, Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:26-cv-02705-SB-SSC. (lh) (Entered: 05/20/2026)

May 20, 2026

2241 Initial Case Assignment Consent or Declination

#7

May 21, 2026

(In Chambers) Order by Judge Stanley Blumenfeld, Jr.: Petitioner filed an ex parte application for a temporary restraining order (TRO). Dkt. No. 5. General Order 26-05 sets an expedited briefing schedule for immigration habeas petitions because of the inherent exigency arising out of detention; a petitioner seeking relief even sooner must therefore show "imminent, irreparable harm that cannot be addressed by the standard scheduling order[.]" GO 26-05. Although the Court recognizes that detention entails a significant deprivation of liberty, Petitioner's TRO application does not show any imminent or incremental harm that cannot be addressed through the ongoing, expedited habeas process. The Court will therefore consider the TRO application after completion of the expedited briefing. The parties shall follow the same briefing schedule for the TRO application: Respondents shall file a response by May 27, 2026; and Petitioner shall file her reply no later than 3 days after the response is filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY (Entered: 05/21/2026)

#8

May 21, 2026

Proof of Service (subsequent documents)

May 21, 2026

Generic Text Only Entry

#9

May 22, 2026

Supplement

#10

May 22, 2026

Notice (Other)

#11

May 22, 2026

(In Chambers) Order by Judge Stanley Blumenfeld, Jr.: Petitioner, a Mexican citizen, filed a petition for writ of habeas corpus and an application for a temporary restraining order (TRO), seeking release from immigration detention and arguing that her prolonged detention violates her Fifth Amendment rights because her removal is not reasonably foreseeable. Dkt. Nos. 1, 5. The TRO application is denied. Petitioner has notified the Court that she has been served with a 48-hour notice of removal. In light of that notice, Petitioner has not shown a likelihood of success or raised serious issues going to the merits, see Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (setting forth standard for preliminary relief), because her Fifth Amendment claim rests on the unsupported premise that her removal is not reasonably foreseeable and that her detention is therefore unconstitutionally indefinite, see Marquez v. Wolf, No. 20-cv-1769-WQH-BLM, 2020 WL 6044080, at *3 (S.D. Cal. Oct. 13, 2020) (denying Fifth Amendment claim where respondents had obtained a travel document for the petitioner and scheduled a removal flight); Ashour v. Noem, No. 3:26-cv-00422-RBM-SBC, 2026 WL 310198, at *23 (S.D. Cal. Feb. 5, 2026) (denying Fifth Amendment claim where the respondents had identified a flight for the petitioner to occur in two weeks). Accordingly, the TRO and Petitioners request for a stay are denied. The government is to file a report on May 27, 2026 on the status of removal. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sal) TEXT ONLY ENTRY (Entered: 05/22/2026)

May 22, 2026

Generic Text Only Entry

#12

May 23, 2026

Brief (non-motion non-appeal)

#13

May 23, 2026

(In Chambers) Order by Judge Stanley Blumenfeld, Jr.: Petitioner has filed an emergency request to temporarily enjoin transfer or removal outside of this jurisdiction while the Court adjudicates her petition. Dkt. No. 12. She states that she may be a member of a recently certified class in Immigration Center for Women and Children v. Noem, No. 2:25-cv-09848-AB-AS (C.D. Cal. May 20, 2026), which would impact the lawfulness of her imminent removal. The emergency request is granted. Respondents are ENJOINED from removing Petitioner from the United States or transferring her outside the jurisdiction of the Central District of California until the Court adjudicates the petition. Respondents shall maintain Petitioner in custody within this district to preserve the Courts ability to conduct meaningful judicial review. The government is ordered to address the impact that Immigration Center for Women and Children v. Noem has on Petitioners removal, if any, in its May 27 status report and response to the petition.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (alc) TEXT ONLY ENTRY (Entered: 05/23/2026)

May 23, 2026

Generic Text Only Entry

#14

May 26, 2026

Supplement

#15

May 28, 2026

Notice of Appearance or Withdrawal of Counsel (G-123)

#16

May 28, 2026

Answer to Complaint

#17

May 28, 2026

Reply

#18

Jun 01, 2026

Supplement AND Temporary Restraining Order

#19

Jun 03, 2026

Notice (Other)

#20

Jun 05, 2026

Judgment