Eastern District of California • 1:25-cv-01695
(HC) Montero-Alvarez v. Alberran
Active
Case Information
Filed: December 01, 2025
Assigned to:
Allison Claire
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
February 02, 2026
Parties:
View All Parties →
Docket Entries
#1
Dec 01, 2025
CIVIL COVER SHEET filed by Michelle Montero-Alvarez. (Beles, Robert) (Entered: 12/01/2025)
Main Document:
CIVIL
#2
Dec 01, 2025
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran by Michelle Montero-Alvarez. (Filing fee $ 5, receipt number ACAEDC-12634333) (Beles, Robert) (Entered: 12/01/2025)
Main Document:
Petition for Writ of Habeas Corpus
#3
Dec 01, 2025
MOTION for TEMPORARY RESTRAINING ORDER by Michelle Montero-Alvarez. (Beles, Robert) (Entered: 12/01/2025)
Main Document:
Temporary Restraining Order
#4
Dec 01, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 1/5/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 12/01/2025)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Dec 01, 2025
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/1/2025: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before December 3, 2025. Petitioner may file a Reply on or before December 4, 2025. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 12/01/2025)
Dec 01, 2025
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Dec 03, 2025
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Beles, Robert) (Entered: 12/03/2025)
Main Document:
CONSENT/DECLINE
#7
Dec 05, 2025
Order AND Order on Motion for TRO AND Order to Show Cause
#8
Dec 08, 2025
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Robert Abendroth, GOVT for All Respondents. (Abendroth, Robert) Modified on 12/9/2025 (HAH). (Entered: 12/08/2025)
Main Document:
DESIGNATION
#9
Dec 08, 2025
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Abendroth, Robert) (Entered: 12/08/2025)
Main Document:
CONSENT/DECLINE
#10
Dec 09, 2025
Consent Order Reassigning Case to Magistrate Judge
Main Document:
Consent Order Reassigning Case to Magistrate Judge
#11
Dec 10, 2025
MINUTE ORDER signed by Magistrate Judge Allison Claire on 12/10/2025.On December 5, 2025, Judge Calabretta ordered (1) respondents to show cause on or before December 12, 2025, why a preliminary injunction should not be issued on the same terms as the order granting petitioner's restraining order, and (2) that petitioner may file a reply on or before December 17, 2025. (ECF No. 7 ). The case was subsequently reassigned to the undersigned, vacating deadlines and pending dates previously set. (ECF No. 10 ). The undersigned hereby reinstates the prior deadlines. The 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 Entry) (Deputy Clerk JAA) (Entered: 12/10/2025)
Dec 10, 2025
Minute Order
#12
Dec 12, 2025
Answer to Complaint
Main Document:
Answer to Complaint
#13
Dec 16, 2025
REPLY by Michelle Montero-Alvarez re 12 Opposition to Motion for Temporary Restraining Order and Preliminary Injunction. (Beles, Robert) Modified on 12/17/2025 (KLY). (Entered: 12/16/2025)
Main Document:
REPLY
#14
Dec 29, 2025
ORDER signed by Magistrate Judge Allison Claire on 12/29/2025 ORDERING that a preliminary injunction shall issue on the same terms as in 7 Temporary Restraining Order. Having released petitioner as required by the temporary restraining order, resp ondents shall not impose any additional restrictions on petitioner unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining petition er absent compliance with constitutional protections, which include, at a minimum, pre-deprivation notice - describing the change of circumstances necessitating her arrest, and detention, and a timely hearing. At any such hearing, the Government shal l bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight, and Petitioner shall be allowed to have her counsel present. This order shall remain in effect until the resolut ion of this action or until otherwise ordered by the court. The parties are DIRECTED to meet and confer within 7 days from the service of this order for the purpose of submitting a joint proposed briefing schedule. The parties shall submit a joint proposed briefing schedule no later than 10 days from the date of this order. (Deputy Clerk HAH)
#15
Jan 13, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 01/13/2026. The parties have not submitted a joint proposed briefing schedule as previously directed (ECF No. 14 ). The court will therefore proceed to set a briefing schedule in this case. Respondent is directed to file an answer/return within 14 days from the date of this order. If an answer/return is filed, respondent shall include with the answer/return any and all transcripts or other documents relevant to the determination of the issues presented in the application. Petitioners reply/traverse, if any, is due within 7 days of being served a copy of respondents answer/return. (Text Only Entry) (Deputy Clerk JAA) (Entered: 01/13/2026)
Jan 13, 2026
Minute Order
#16
Jan 27, 2026
Answer to Complaint
Main Document:
Answer to Complaint
#17
Jan 29, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 01/29/2026. In response to the court's order directing an answer/return (ECF No. 15 ), respondents filed a document which does not address the substance of the petition but requests indefinite suspension of briefing (ECF No. 16 ). The request is DENIED as non-cognizable. If respondents seek a stay, they may file a motion to stay proceedings that addresses the standards for such relief. If respondents seek to dismiss this action as moot, they may file a motion to dismiss. Within seven days from the date of this order, respondents are ordered to file a response to the petition for writ of habeas corpus that complies with the applicable rules of procedure. (Text Only Entry) (Deputy Clerk JAA) (Entered: 01/29/2026)
Jan 29, 2026
Minute Order
#18
Jan 30, 2026
Answer to Complaint
Main Document:
Answer to Complaint
#19
Feb 02, 2026
NOTICE of SUBMISSION by Michelle Montero-Alvarez. (Beles, Robert) Modified on 2/6/2026 (KS). (Entered: 02/02/2026)
Main Document:
NOTICE
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