Eastern District of California • 1:26-cv-04901

(HC) Montero Flores v. Andrews

Completed

Case Information

Filed: June 25, 2026
Assigned to: Troy Lynne Nunley
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 08, 2026
Last Activity: September 14, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 25, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Miguel Montero Flores. (Deputy Clerk AKP) (Entered: 06/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 25, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Miguel Montero Flores. (Deputy Clerk AKP) (Entered: 06/26/2026)
Main Document: Temporary Restraining Order
#3
Jun 25, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Miguel Montero Flores. (Deputy Clerk AKP) (Entered: 06/26/2026)
Main Document: In Forma Pauperis
#4
Jun 25, 2026
MOTION to APPOINT COUNSEL by Miguel Montero Flores. (Deputy Clerk AKP) (Entered: 06/26/2026)
Main Document: Appoint Counsel
#5
Jun 25, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/26/2026)
Main Document: Immigration New Case Documents
#6
Jun 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 26, 2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, 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 MDK) (Entered: 06/26/2026)
#7
Jun 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews (Rodriguez, Elisa) (Entered: 06/26/2026)
Main Document: DESIGNATION
Jun 26, 2026
Service by Mail
Jun 26, 2026
Minute Order
Jun 26, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Miguel Montero Flores. (Deputy Clerk AKP)
Jun 26, 2026
SERVICE BY MAIL: 6 Minute Order served on Miguel Montero Flores. (Deputy Clerk MDK)
#8
Jun 29, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 6/26/2026 DIRECTING Respondents to file a Response to Petitioner's 1 Petition for Writ of Habeas Corpus within 2 court days from the date of this Order. Petitioner may file a reply, if any, within 5 court days from the date of this Order;Respondents shall not transfer Petitioner outside of this judicial district, pending further order of the Court; GRANTING Petitioner's 3 Application to Proceed In Forma Pauperis; GRANTING Petitioner's 4 Motion to Appoint Counsel; and Within 7 days of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update the docket to reflect counsel's appointment. (cc Federal Defender's and § 2241 petition) (Deputy Clerk RRB) (Entered: 06/29/2026)
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Jun 29, 2026
SERVICE BY MAIL: 8 Order served on Miguel Montero Flores. (Deputy Clerk RRB)
Jun 29, 2026
Service by Mail
#9
Jul 01, 2026
OPPOSITION to 1 Petition for Writ of Habeas Corpus by Tonya Andrews. (Rodriguez, Elisa) Modified on 7/10/2026 (HAH). (Entered: 07/01/2026)
Main Document: OPPOSITION
#10
Jul 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/6/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 8 . Natalia Vieira Santanna is hereby appointed nunc pro tunc to 7/6/2026 as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Natalia Vieira Santanna, Santanna Law Offices PC, 1900 Fruitvale Avenue, Suite 3F, Oakland, CA 94601, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: Federal Defender Habeas Appointment) (Deputy Clerk MDK) (Entered: 07/06/2026)
Jul 06, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#11
Jul 08, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 07/07/2026 GRANTING the 1 Petition for Writ of Habeas Corpus and DENYING the 2 Motion for Temporary Restraining Order as moot. Respondent must provide a bond hearing within 7 days of this order where Respondent bears the burden of demonstrating by clear and convincing evidence before a neutral decisionmaker that Petitioner poses a danger to the community or a flight risk. The decisionmaker must consider Petitioner's financial circumstances for bond and alternative conditions of release. At the hearing, Petitioner shall be allowed to have counsel present. If Petitioner is not found to be a danger to society or a flight risk, Respondent must immediately release Petitioner. Respondent may impose any restrictions or conditions determined to be necessary by the neutral decisionmaker at the hearing. Respondent is DIRECTED to file a notice certifying compliance with this provision of the Court's Order within 8 court days from the date of this Order. If Petitioner is released pursuant to this order, Respondent is ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including 7 days' notice and a pre-deprivation hearing before a neutral fact-finder where (a) Respondent shows material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondent demonstrates by clear and convincing evidence that the Government's interest in protecting the public and/or ensuring Petitioner appears at future immigration proceedings outweighs the Petitioner's constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. If Petitioner is released pursuant to this Order, Respondent is further ENJOINED and RESTRAINED from removing Petitioner to Mexico without first notifying Petitioner of his right to apply for asylum and withholding of deportation to his native country in compliance with due process. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KS) (Entered: 07/08/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#12
Jul 08, 2026
JUDGMENT dated *07/08/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 07/07/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 07/08/2026)
Main Document: Judgment
#13
Jul 15, 2026
NOTICE OF COMPLIANCE by Tonya Andrews. (Rodriguez, Elisa) Modified on 7/21/2026 (HAH). (Entered: 07/15/2026)
Main Document: Notice of Compliance
#14
Jul 16, 2026
SUPPLEMENT "for a Motion to Replay/Traverse" by Miguel Montero Flores re 9 Opposition. (Deputy Clerk AJB) (Entered: 07/17/2026)
Main Document: SUPPLEMENT
#15
Jul 24, 2026
MOTION to APPOINT COUNSEL by Miguel Montero Flores. (Deputy Clerk VLK) (Entered: 07/28/2026)
Main Document: Appoint Counsel
#16
Jul 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 28, 2026: In light of the representations made in Petitioner's Motion to Appoint Counsel (ECF No. 15 ), the parties shall file a joint status update within three court days regarding the bond hearing ordered by the Court in its July 8, 2026 Order. (ECF No. 11 .) (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/28/2026)
Jul 28, 2026
Minute Order
#17
Aug 03, 2026
MOTION for 21-DAY EXTENSION OF TIME to File Joint Status Report re Bond Hearing by Tonya Andrews. (Attachments: # 1 Proposed Order)(Rodriguez, Elisa) (Entered: 08/03/2026)
Main Document: Extension of Time
#18
Aug 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 4, 2026: The Court is in receipt of Respondents' Motion for 21-Day Extension of Time. (ECF No. 17 .) Good cause appearing, the Motion is GRANTED. The parties shall file a joint status update regarding the bond hearing ordered by the Court in its July 8, 2026 Order within 21 days. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/04/2026)
Aug 04, 2026
Minute Order AND Order on Motion for Extension of Time AND Order on Motion to Appoint Counsel
#19
Aug 21, 2026
MOTION to WITHDRAW as ATTORNEY by Miguel Montero Flores. (Attachments: # 1 Proposed Order)(Vieira Santanna, Natalia) (Entered: 08/21/2026)
Main Document: Withdraw as Attorney
#20
Aug 21, 2026
STATUS REPORT by Tonya Andrews. (Rodriguez, Elisa) (Entered: 08/21/2026)
Main Document: STATUS
#21
Sep 09, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 9/8/2026 DENYING 15 Motion to appoint Counsel and GRANTING 19 Motion to Withdraw as Attorney. Attorney Natalia Vieira Santanna terminated. (Deputy Clerk VLK) (Entered: 09/09/2026)
Main Document: Order AND Order on Motion to Withdraw as Attorney AND ~Util - Add and Terminate Attorneys
Sep 09, 2026
Service by Mail
Sep 09, 2026
SERVICE BY MAIL: 21 Order served on Miguel Montero Flores. (Deputy Clerk VLK)
#22
Sep 11, 2026
Notice (Other)
Main Document: Notice (Other)
Sep 14, 2026
Minute Order
Sep 14, 2026
Service by Mail

Parties

Andrews
Party
(HC) Flores
Party