Eastern District of California • 1:26-cv-05027

#1

Jun 29, 2026

PETITION for WRIT of HABEAS CORPUS against Flor Alvarez by Flor Alvarez. (Filing fee $ 5, receipt number ACAEDC-13520299) (Cummings, Robert) (Entered: 06/29/2026)

#2

Jun 29, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Flor Alvarez. (Cummings, Robert) (Entered: 06/29/2026)

#3

Jun 29, 2026

CIVIL COVER SHEET filed by Flor Alvarez. (Cummings, Robert) (Entered: 06/29/2026)

#4

Jun 30, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 06/30/2026)

#5

Jun 30, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Jonathan Yu, GOVT added for All Respondents. (Yu, Jonathan) Modified on 7/8/2026 (KS). (Entered: 06/30/2026)

#6

Jun 30, 2026

MINUTE ORDER signed by District Judge Noel Wise on 6/30/2026: After review of Petitioner's 1 Petition for Writ of Habeas Corpus, it appears this matter may be related to 1:26-cv-00008-DC-SCR within the meaning of Local Rule 123(a). The parties are ordered to file a Notice of Related cases pursuant to Local Rule 123(b) on both dockets by 7/1/2026. (Text Only Entry) (Thomas, Julia) (Entered: 06/30/2026)

#7

Jun 30, 2026

NOTICE of RELATED CASE(S) 1:26-cv-00008-DC-SCR, 1:26-cv-05027-NW by All Respondents. (Yu, Jonathan) Modified on 7/8/2026 (KS). (Entered: 06/30/2026)

Jun 30, 2026

Minute Order

#8

Jul 01, 2026

NOTICE of RELATED CASE(S) 1:26-cv-05027-NW, 1:26-cv-8 by Flor Alvarez. (Cummings, Robert) (Entered: 07/01/2026)

#9

Jul 06, 2026

RELATED CASE ORDER signed by District Judge Dena M. Coggins on 7/2/2026 RELATING cases 1:26-cv-0008 and 1:26-cv-5027. Case 1:26-cv-5027 shall be REASSIGNED to District Judge Dena M. Coggins and Magistrate Judge Sean C. Riordan for all future proceedings. District Judge Noel Wise no longer assigned to case. New Case Number: 1:26-cv-5027-DC-SCR. (Deputy Clerk AMW) (Entered: 07/06/2026)

#10

Jul 07, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/7/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for a Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for a Temporary Restraining Order by 12:00 PM on 7/9/2026. Petitioner may file a Reply by 12:00 PM on 7/10/2026. This matter is not set for a hearing, though the court may schedule on if it determines it is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 07/07/2026)

Jul 07, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#11

Jul 09, 2026

OPPOSITION to 2 Motion for Temporary Restraining Order and Preliminary Injunction by All Respondents. (Yu, Jonathan) Modified on 7/14/2026 (KS). (Entered: 07/09/2026)

#12

Jul 14, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 7/14/2026: In Petitioner's related habeas case, Alvarez v. Becerra et al., 1:26-cv-00008-DC-SCR, which Petitioner filed on 1/2/2026, the court issued an order on 6/11/2026 denying the petition because Petitioner was properly detained under 8 U.S.C. § 1231(a)(6), and because her continued immigration detention had not grown unconstitutionally prolonged given that she was pursuing withholding-only relief relating to her final order of removal from the Board of Immigration Appeals ("BIA"). See Alvarez v. Becerra, No. 1:26-cv-00008-DC-SCR, Doc. Nos. 13, 15 (E.D. Cal.). In this second habeas case, on 6/29/2026, Petitioner filed the pending 1 Habeas Petition and 2 Motion for a Temporary Restraining Order arguing that, despite the previous denial of Petitioner's habeas claim, Petitioner's immediate release is now constitutionally required because Petitioner has subsequently been prevented from attending a mandatory United States Citizenship and Immigration Services ("USCIS") appointment relating to her pending U-Visa application resulting in the denial of that application as abandoned, and because Petitioner's appeal of her removal order has been rejected for procedural deficiencies. In their 11 Opposition, Respondents contend that nothing has changed since the previous denial of Petitioner's habeas petition that would affect the court's analysis, and that neither Petitioner's pending U-Visa application nor the rejection of Petitioner's appeal to the BIA entitles her to immediate release. Petitioner did not file a reply and her time to do so has expired. Respondents' argument is availing. Petitioner does not cite any binding or persuasive authority stating that a noncitizen's pending U-Visa application or the rejection of a noncitizen's immigration appeal for procedural reasons entitles them to immediate release. To the extent Petitioner contends that Respondents were legally required to deliver her to her U-Visa appointment, or that the BIA was legally required to consider her appeal despite its alleged deficiencies, those arguments do not sound in habeas relief. Badea v. Cox, 931 F.2d 573 (9th Cir. 1991) (stating that habeas proceedings "are the proper mechanism for a prisoner to challenge the legality or duration of confinement" whereas "a civil rights action... is the proper method of challenging conditions of confinement") (internal citations omitted). Accordingly, Petitioner's 2 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned magistrate judge for further proceedings. (Text Only Entry) (Deputy Clerk JRW) (Entered: 07/14/2026)

Jul 14, 2026

Minute Order AND Order on Motion for TRO

#13

Jul 16, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 7/16/2026: Within seven (7) days of this order, Petitioner shall file a supplemental brief on the merits of the § 2241 petition. In the brief, Petitioner shall identify any basis for habeas relief not addressed in Judge Coggins' July 14, 2026, order denying the TRO motion and/or explain why Judge Coggins' order should not dictate the outcome of the merits of the § 2241 petition. Respondents may file a response within three (3) court days of Petitioner's brief. Respondents' failure to file a response will be construed as standing on its responsive pleading. Absent a further order of the court, the petition will be taken under submission after the expiration of the deadline for Respondents' to file a response to Petitioner's supplemental brief. (Deputy Clerk SH) (Entered: 07/16/2026)

Jul 16, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#14

Jul 27, 2026

SUPPLEMENTAL BRIEF PETITIONER'S SUPPLEMENTAL BRIEF ON THE MERITS OF THE PETITION FOR WRIT OF HABEAS CORPUS filed by Flor Alvarez. (Cummings, Robert) (Entered: 07/27/2026)

#15

Jul 27, 2026

NOTICE of EMERGENCY CIRCUMSTANCES, REQUEST for IMMEDIATE STATUS REPORT, and RENEWED REQUEST for EXPEDITED CONSIDERATION by Flor Alvarez. (Cummings, Robert) Modified on 7/28/2026 (HAH). (Entered: 07/27/2026)

#16

Jul 31, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 7/31/2026: Petitioner's request for status report (ECF No. 15 ) is granted in part. In order to conserve judicial resources, Respondent shall inform the Court by August 3, 2026, whether a travel document has been obtained for Petitioner that will result in Petitioner's imminent removal from this country. Going forward, either party shall update the Court of particular circumstances that have changed by filing a Notice of Changed Circumstances as expeditiously as possible. The undersigned will issue findings and recommendations on the petition in due course. (Deputy Clerk SH) (Entered: 07/31/2026)

#17

Jul 31, 2026

NOTICE of CHANGE IN CUSTODY STATUS by Respondents re ECF No. 16, Minute Order. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) Modified on 8/3/2026 (KLY). (Entered: 07/31/2026)

#18

Jul 31, 2026

Notice (Other)

Jul 31, 2026

Minute Order AND Order on Request

#19

Aug 02, 2026

OPPOSITION to 18 Motion to Supplement the Record and OBJECTIONS to Request for Status Report and Request for Further Relief by Respondents. (Yu, Jonathan) Modified on 8/3/2026 (KLY). (Entered: 08/02/2026)

#20

Aug 10, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 8/10/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be dismissed as moot, that all pending motions be denied as moot, and that the Clerk of Court be directed to close this case. Referred to Judge District Judge Dena M. Coggins. Objections due within 14 days after being served with these findings and recommendations. (Deputy Clerk HAH) (Entered: 08/10/2026)

#21

Aug 21, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 20 by Petitioner Flor Alvarez. (Cummings, Robert) (Entered: 08/21/2026)