Eastern District of California • 1:26-cv-04132

(HC) Gallegos-Venzor v. Mullin

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Case Information

Filed: May 29, 2026
Assigned to: Dena M. Coggins
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
May 29, 2026
PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin by Tristan Gallegos-Venzor. (Deputy Clerk AKP) (Entered: 05/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 29, 2026
MOTION to APPOINT COUNSEL by Tristan Gallegos-Venzor. (Deputy Clerk AKP) (Entered: 05/29/2026)
Main Document: Appoint Counsel
#3
May 29, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Tristan Gallegos-Venzor. (Deputy Clerk AKP) (Entered: 05/29/2026)
Main Document: In Forma Pauperis
#4
May 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 05/29/2026)
Main Document: Immigration New Case Documents
#5
May 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Markwayne Mullin (Yu, Jonathan) (Entered: 05/29/2026)
Main Document: DESIGNATION
May 29, 2026
Service by Mail
May 29, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Tristan Gallegos-Venzor. (Deputy Clerk AKP)
#6
May 31, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/31/2026: Petitioner's 3 Motion for Leave to Proceed In Forma Pauperis is GRANTED. Petitioner's 2 Motion for the Appointment of Counsel is GRANTED. Within 14 (fourteen) 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 to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@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 ("CJA") Panel, the court hereby authorizes them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 700, § XV.C.1.g as applied here, the court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. Petitioner (A No. 219 732 123). (Text Only Entry) (Deputy Clerk LMK) (Entered: 05/31/2026)
May 31, 2026
SERVICE BY MAIL: 6 Minute Order served on Tristan Gallegos-Venzor. (Deputy Clerk LMK)
May 31, 2026
Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
May 31, 2026
Service by Mail
#7
Jun 16, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/16/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 6. Attorney Kresta Daly is hereby appointed as CJA counsel for Petitioner. The Courtroom Deputy shall update the docket to reflect Attorney Kresta Daly, Post Office Box F, Winters, CA 95694, 916-440-8600, kdaly@barth-daly.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk JRM) (Entered: 06/16/2026)
Jun 16, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#8
Jun 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/17/2026: Petitioner (A No. 219 732 123) is GRANTED 14 (fourteen) days within which to file an Amended Petition for Writ of Habeas Corpus and / or a Motion for Preliminary Injunctive Relief / Temporary Restraining Order. (Text Only Entry) (Deputy Clerk LMK) (Entered: 06/17/2026)
Jun 17, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#9
Jun 30, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Tristan Gallegos-Venzor.(Daly, Kresta) (Entered: 06/30/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#10
Jul 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/1/2026: Respondent is GRANTED 7 (seven) days to file a response to Petitioner's 9 Amended Petition for a Writ of Habeas Corpus. Respondent shall include with the response all exhibits necessary to the determination of the issues raised in the Petition. Petitioner may file a reply within 7 (seven) days of service of the response. Petitioner A No. 219 732 123. (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/01/2026)
Jul 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Jul 08, 2026
RESPONSE and MOTION to DISMISS by Markwayne Mullin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Yu, Jonathan) Modified on 7/13/2026 (HAH). (Entered: 07/08/2026)
Main Document: RESPONSE
#12
Jul 24, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/24/2026 RECOMMENDING that 11 Motion to Dismiss be granted and that 9 Amended Petition for Writ of Habeas Corpus be denied. Referred to District Judge Dena M. Coggins. Objections due within 14 days after being served with these findings and recommendations. (Deputy Clerk HAH) (Entered: 07/24/2026)
Main Document: Findings and Recommendations
#13
Sep 14, 2026
MOTION to PROCEED PRO SE by Tristan Gallegos-Venzor. (Deputy Clerk JAW) (Entered: 09/15/2026)
Main Document: Miscellaneous Relief
#14
Sep 14, 2026
OBJECTIONS to 12 FINDINGS and RECOMMENDATIONS by Petitioner Tristan Gallegos-Venzor. (Deputy Clerk JAW) (Entered: 09/15/2026)
Main Document: Objections to Findings and Recommendations
#15
Sep 14, 2026
MOTION to ACCEPT late filing re 14 Objections to Findings and Recommendations by Tristan Gallegos-Venzor. (Deputy Clerk JAW) (Entered: 09/15/2026)
Main Document: Miscellaneous Relief
#16
Oct 13, 2026
Preliminary Injunction
Main Document: Preliminary Injunction
#17
Oct 13, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#18
Oct 19, 2026
ORDER signed by District Judge Dena M. Coggins on 10/16/2026 DECLINING to adopt the 12 findings and recommendations and GRANTING Petitioner's 9 first amended petition for writ of habeas corpus. Petitioner Tristan Gallegos-Venzor (A -219-732-123) shall be RELEASED IMMEDIATELY from Respondents' custody with the same conditions he was subject to immediately prior to his detention in March 2026. Respondents shall not impose any additional restriction on him, such as electr onic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social Security card, etc.) upon his release from custody. Within 3 days from the date of entry of this order, Respondents shall FILE a notice of compliance with this court confirming that Petitioner has been released in accordance with this order. If the governmen t seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. This order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. Petitioner's [15 ] motion to accept late filing of his objections to the findings and recommendations is GRANTED. The remaining pending 11 , 13 , 16 , 17 , motions (Doc. Nos. 11, 13, 16, 17) are DENIED as having been rendered moot by this order. The Clerk of the Court is directed to serve a copy of this order on the Golden State Annex Detention Facility, enter judgment for Petitioner, and close this case. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KLY)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss
#19
Oct 19, 2026
Judgment
Main Document: Judgment
#20
Oct 21, 2026
Notice of Compliance
Main Document: Notice of Compliance