Eastern District of California • 1:26-cv-04126

(HC) Montero v. Johnson

Active

Case Information

Filed: May 29, 2026
Assigned to: Daniel J. Calabretta
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: June 08, 2026
Parties: View All Parties →

Docket Entries

#1
May 29, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Field Office Director, San Francisco ICE Field Office, U.S. Immigration & Customs Enforcement, Tae D. Johnson, Warden, California City Correctional Center by Yonathan Montero. (Deputy Clerk LJB) (Entered: 06/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 29, 2026
EMERGENCY MOTION for TEMPORARY RESTRAINING ORDER AND REQUEST FOR NO-TRANSFER ORDER by Yonathan Montero. (Deputy Clerk LJB) (Entered: 06/01/2026)
Main Document: Temporary Restraining Order
#3
Jun 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 06/01/2026)
Main Document: Immigration New Case Documents
#4
Jun 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Field Office Director, San Francisco ICE Field Office,Camilo Rodriguez, GOVT for Tae D. Johnson,Camilo Rodriguez, GOVT for U.S. Immigration & Customs Enforcement,Camilo Rodriguez, GOVT for Warden, California City Correctional Center (Rodriguez, Camilo) (Entered: 06/01/2026)
Main Document: DESIGNATION
#5
Jun 01, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/1/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before June 5, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This 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 ORDER] (Deputy Clerk GJM) (Entered: 06/01/2026)
Jun 01, 2026
SERVICE BY MAIL: 5 Minute Order served on Yonathan Montero. (Deputy Clerk GJM)
Jun 01, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Yonathan Montero. (Deputy Clerk LJB)
Jun 01, 2026
RECEIPT number 100008296 for $5.00 for Petitioner from Yonathan Montero. (Deputy Clerk LJB)
Jun 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 01, 2026
Service by Mail
#6
Jun 05, 2026
Dismiss
Main Document: Dismiss
#7
Jun 08, 2026
Order AND Order on Motion for TRO AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#8
Jun 08, 2026
Judgment
Main Document: Judgment
Jun 08, 2026
Service by Mail

Parties

(HC) Montero
Party
Johnson
Party