Eastern District of California • 1:26-cv-04202
(HC) Cortez Cortez v. Warden, California City Detention Center
Active
Case Information
Filed: June 01, 2026
Assigned to:
Troy Lynne Nunley
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:
June 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 01, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Juan Jose Cortez Cortez. (Deputy Clerk AKP) (Entered: 06/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/02/2026)
Main Document:
Immigration New Case Documents
Jun 02, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Juan Jose Cortez Cortez. (Deputy Clerk AKP)
Jun 02, 2026
Service by Mail
#3
Jun 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 6/3/2026: The Court has reviewed pro se Petitioner's Petition for Writ of Habeas Corpus ("the Petition") which includes a request for a temporary restraining order. (ECF No. 1 ). Thus, the Court construes the Petition as containing a motion for temporary restraining order ("TRO"). See Estelle v. Gamble, 429 U.S. 97, 106 (1976). Accordingly, Respondents shall file any opposition to Petitioner's motion for TRO by June 5, 2026. Any response must include Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Text Only Entry) (Deputy Clerk JRW) (Entered: 06/03/2026)
#4
Jun 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Detention Center (Rodriguez, Elisa) (Entered: 06/03/2026)
Main Document:
DESIGNATION
#5
Jun 03, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 03, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 03, 2026
Service by Mail
Jun 03, 2026
SERVICE BY MAIL: 5 Order and IFP Form served on Juan Jose Cortez Cortez. (Deputy Clerk KML)
Jun 03, 2026
SERVICE BY MAIL: 3 Minute Order served on Juan Jose Cortez Cortez. (Deputy Clerk JRW)
#6
Jun 05, 2026
Dismiss
Main Document:
Dismiss
#7
Jun 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 10, 2026: The Court has received and reviewed Respondents' Motion to Dismiss in which Respondents claim that an immigration judge denied Petitioner bond (ECF No. 6 at 4) citing to a 2019 Order of Release on Recognizance (Id. at 20-24). Respondents have not provided any order on bond as required by this Court (see ECF No. 3 ). By 3:00 p.m. TODAY, Respondents must file a copy of the purported order denying bond or, in the alternative, a notice correcting their brief. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/10/2026)
#8
Jun 10, 2026
Dismiss
Main Document:
Dismiss
#9
Jun 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 10, 2026: This matter is before the Court on Petitioner's construed Motion for Temporary Restraining Order ("TRO"). (ECF Nos. 1, 3 .) Respondents filed an opposition. (ECF Nos. 6, 8 .) The Court has reviewed the parties' briefs and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025); Jasdeep S.J. v. Warden of Golden State Annex Det. Facility, No. 1:26-CV-03040-TLN-EFB, 2026 WL 1382863, at *1 (E.D. Cal. May 18, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 203-494-603) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED to file a notice of compliance by June 12, 2026. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents may file additional responsive papers by June 17, 2026. If no additional briefing is filed, the Court will presume Respondents rest on ECF No. 8 . Petitioner may file a reply by June 23, 2026. The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of Court shall serve a copy of this Order on the California City Detention Center. SO ORDERED. (TEXT ONLY ENTRY) (cc: Ca City) (Deputy Clerk MDK) (Entered: 06/10/2026)
Jun 10, 2026
SERVICE BY MAIL: 9 Minute Order served on Juan Jose Cortez Cortez. (Deputy Clerk MDK)
Jun 10, 2026
Minute Order AND Order on Motion to Dismiss AND Order on Motion to Dismiss
Jun 10, 2026
SERVICE BY MAIL: 7 Minute Order served on Juan Jose Cortez Cortez. (Deputy Clerk MDK)
Jun 10, 2026
Minute Order
Jun 10, 2026
Service by Mail
#10
Jun 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 6/11/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 5 . Attorney Carolyn Wiggin is hereby appointed as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Carolyn Wiggin, Assistant Federal Defender, 801 I Street, 3rd Fl., Sacramento, CA 95814, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 06/11/2026)
Jun 11, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#11
Jun 12, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Jun 22, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 9 Minute Order sent to Juan Jose Cortez Cortez. Notice of Change of Address due by 7/30/2026. (Deputy Clerk AKP)
Jun 22, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 7 Minute Order sent to Juan Jose Cortez Cortez. Notice of Change of Address due by 7/30/2026. (Deputy Clerk AKP)
#12
Jun 23, 2026
OPPOSITION to 8 Amended Motion to Dismiss by Juan Jose Cortez Cortez. (Wiggin, Carolyn) Modified on 6/26/2026 (KS). (Entered: 06/23/2026)
Main Document:
OPPOSITION
Parties
(HC) Cortez Cortez
Party
Warden, California City Detention Center
Party