Eastern District of California • 1:25-cv-01695
(HC) Montero-Alvarez v. Alberran
Active
Case Information
Filed: December 01, 2025
Assigned to:
Daniel J. Calabretta
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
December 29, 2025
Parties:
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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
#7
Dec 05, 2025
Order AND Order on Motion for TRO AND Order to Show Cause
#10
Dec 09, 2025
Consent Order Reassigning Case to Magistrate Judge
Main Document:
Consent Order Reassigning Case to Magistrate Judge
Dec 10, 2025
Minute Order
#12
Dec 12, 2025
Answer to Complaint
Main Document:
Answer to Complaint
#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)
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