Eastern District of California • 1:26-cv-05078
(HC) Benitez v. Wofford
Completed
Case Information
Filed: July 01, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 06, 2026
Last Activity:
August 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 01, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella, Minga Wofford by Jose Antonio Benitez. (Filing fee $ 5, receipt number ACAEDC-13532565) (Attachments: # 1 Civil Cover Sheet)(Chan, Connie) (Entered: 07/01/2026)
#2
Jul 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Antonio Benitez. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Chan, Connie) (Entered: 07/01/2026)
#3
Jul 02, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/02/2026)
Main Document:
Immigration New Case Documents
#4
Jul 02, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 095-084-959) asserts that he has been detained since March 3, 2026 (Doc. 2-1 at 7), nearly 4 months ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on July 2, 2026. (Deputy Clerk IM) (Entered: 07/02/2026)
#5
Jul 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Sergio Albarran,Anthony Andrews for Todd Blanche,Anthony Andrews for Markwayne Mullin,Anthony Andrews for David Venturella,Anthony Andrews for Minga Wofford (Andrews, Anthony) (Entered: 07/02/2026)
Main Document:
DESIGNATION
Jul 02, 2026
Order on Motion for TRO
#8
Aug 06, 2026
ORDER WITHDRAWING the Reference of this Matter to the Magistrate Judge; GRANTING 1 Petition for Writ of Habeas Corpus; and DIRECTING Respondents to Provide a Substantive Bond Hearing, signed by District Judge Jennifer L. Thurston on 8/6/2026. Within 48 hours of this order, Respondents SHALL undertake an initial custody determination pursuant to 8 U.S.C. § 1226(a) at which point they may either release Petitioner or continue his detention if deemed appropriate. Thereafter, if Petitio ner is not released, and no arrest warrant has been issued, Respondents SHALL immediately seek an arrest warrant. If the warrant is not granted, Respondents SHALL immediately release Petitioner. If a warrant is granted, within 10 days of the initial custody determination, Respondents SHALL provide Petitioner with a bond hearing in accordance with 8 U.S.C. § 1226(a) at which the parties will be allowed to present evidence and argument about whether Petitioners are a danger to the community a nd present a flight risk if not detained. At least 72 hours before the scheduled hearing, the Petitioner SHALL receive notice of the hearing. He SHALL have the right to be represented by counsel at the hearing, and he SHALL be entitled to appear at t he hearing. If counsel has filed an appearance in the immigration proceedings, at least 72 hours before the hearing, counsel SHALL receive notice of the scheduled hearing. Respondents SHALL provide a copy of this order to the immigration judge presiding over the bond hearing and SHALL arrange for the bond hearing to be recorded. CASE CLOSED. (Deputy Clerk OFR)
#9
Aug 06, 2026
Judgment
Main Document:
Judgment
Parties
(HC) Benitez
Party
Wofford
Party