Eastern District of California • 1:26-cv-03921
(HC) Cotzojay-Top v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: May 21, 2026
Assigned to:
Dena M. Coggins
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 22, 2026
Parties:
View All Parties →
Docket Entries
#1
May 21, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Golden State Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Sergio Cotzojay-Top. (Deputy Clerk LJB) (Entered: 05/22/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Sergio Cotzojay-Top. (Deputy Clerk LJB) (Entered: 05/22/2026)
Main Document:
Temporary Restraining Order
#3
May 21, 2026
MOTION to APPOINT COUNSEL by Sergio Cotzojay-Top. (Deputy Clerk LJB) (Entered: 05/22/2026)
Main Document:
Appoint Counsel
#4
May 21, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Sergio Cotzojay-Top. (Deputy Clerk LJB) (Entered: 05/22/2026)
Main Document:
In Forma Pauperis
#5
May 22, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 05/22/2026)
Main Document:
Immigration New Case Documents
#6
May 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Current or Acting Director, United States Immigration and Customs Enforcement,Anthony Andrews for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Anthony Andrews for Current or Acting Secretary, United States Department of Homeland Security,Anthony Andrews for Current or Acting United States Attorney General,Anthony Andrews for Warden of the Golden State Annex Detention Facility (Andrews, Anthony) (Entered: 05/22/2026)
Main Document:
DESIGNATION
#7
May 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Angel Fleming for Current or Acting Director, United States Immigration and Customs Enforcement,Angel Fleming for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Angel Fleming for Current or Acting Secretary, United States Department of Homeland Security,Angel Fleming for Current or Acting United States Attorney General,Angel Fleming for Warden of the Golden State Annex Detention Facility, attorney Anthony Andrews terminated (Fleming, Angel) (Entered: 05/22/2026)
Main Document:
DESIGNATION
#8
May 22, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 5/22/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. From these filings, it is unclear whether Petitioner has previously been released from immigration custody, or whether the challenged detention is Petitioner's first contact with immigration authorities. The Court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), and where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 5/27/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the applicable court's respective prior orders cited above. Petitioner may file a Reply by 6/11/2026. Finally, the court is contemplating ruling directly on the [x] 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). Both parties shall address whether they oppose the court ruling directly on the Petition, to the extent a ruling on the Petition 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 JRW) (Entered: 05/22/2026)
May 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
May 22, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Sergio Cotzojay-Top. (Deputy Clerk LJB)
May 22, 2026
SERVICE BY MAIL: 8 Minute Order served on Sergio Cotzojay-Top. (Deputy Clerk JRW)
May 22, 2026
Service by Mail
Parties
(HC) Cotzojay-Top
Party
Warden of the Golden State Annex Detention Facility
Party