Eastern District of California • 1:26-cv-05338

(HC) Montenegro-Flores v. Warden, Adelanto ICE Processing Center

Completed

Case Information

Filed: July 10, 2026
Assigned to: Edward J. Davila
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 14, 2026
Last Activity: July 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 10, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Pam Bondi, Todd M. Lyons, Warden, Adelanto ICE Processing Center by Mario Enrique Montenegro-Flores. (Deputy Clerk EF) (Entered: 07/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Mario Enrique Montenegro-Flores. (Deputy Clerk EF) (Entered: 07/13/2026)
Main Document: Temporary Restraining Order
#3
Jul 13, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Mario Enrique Montenegro-Flores signed by District Judge Edward J Davila on 07/13/2026. (Deputy Clerk EF) (Entered: 07/13/2026)
Main Document: 05 - HC/Order Authorizing IFP
#4
Jul 13, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk EF) (Entered: 07/13/2026)
Main Document: Immigration New Case Documents for MJ as Presider
#5
Jul 13, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Pam Bondi,Elisa M. Rodriguez for Todd M. Lyons,Elisa M. Rodriguez for Warden, Adelanto ICE Processing Center (Rodriguez, Elisa) (Entered: 07/13/2026)
Main Document: DESIGNATION
Jul 13, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents, 3 Order Authorizing IFP Status served on Mario Enrique Montenegro-Flores. (Deputy Clerk EF)
Jul 13, 2026
Service by Mail
#6
Jul 14, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Jul 14, 2026
Service by Mail
Jul 14, 2026
SERVICE BY MAIL: 6 Order served on Petitioner. (Thomas, Julia)
#7
Jul 15, 2026
Judgment
Main Document: Judgment
Jul 15, 2026
SERVICE BY MAIL: 7 Judgment served on Mario Enrique Montenegro-Flores. (Deputy Clerk JJD)
Jul 15, 2026
Service by Mail
Jul 21, 2026
RECEIPT number 10008932 for $5.00 for Writ of Habeas Corpus from Mario Montenegro-Flores. (Deputy Clerk OFR)
#8
Jul 28, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#9
Jul 28, 2026
MINUTE ORDER signed by District Judge Edward J Davila on 7/28/2026: The TRO is DENIED for lack of next of friend standing and because the next of friend is proceeding pro se in a representative capacity. A "next friend" may be permitted to file a habeas action on behalf of another individual. 28 U.S.C. § 2242 ("Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf."). However, the next friend must have standing to pursue habeas relief. "In order to establish next-friend standing, the putative next friend must show: (1) that the petitioner is unable to litigate his own cause due to mental incapacity, lack of access to court, or other similar disability; and (2) the next friend has some significant relationship with, and is truly dedicated to the best interests of, the petitioner." Coal. of Clergy, Laws., and Professors v. Bush, 310 F.3d 1153, 1159-60 (9th Cir. 2002). Additionally, an individual filing a habeas petition as a next friend may not appear without counsel because individuals appearing pro se are only permitted to represent themselves, not others. See Cheema v. Warden, No. 1:26-cv-00203-DC-DMC, 2026 WL 124841, at *2 (E.D. Cal. Jan. 16, 2026) (citing Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997) and Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008)); see also Perez v. Bondi, No. 25-cv03820-AGS-MSB, 2026 WL 59785, at *1 (S.D. Cal. Jan. 7, 2026).If the detainee wishes to file a new petition seeking his release, he must proceed through one of the following options: (1) he may do so on his own behalf through counsel, (2) he may file pro se on his own behalf, or (3) a next friend may file on his behalf with counsel, though the burden is on the next friend to establish standing to pursue the action in that capacity. (Text Only Entry) (Thomas, Julia) (Entered: 07/28/2026)
Jul 28, 2026
SERVICE BY MAIL: 9 Minute Order served on Mario Enrique Montenegro-Flores. (Thomas, Julia)
Jul 28, 2026
Minute Order AND Order on Motion for TRO
Jul 28, 2026
Service by Mail
#10
Jul 30, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief

Parties

(HC) Montenegro-Flores
Party
Warden, Adelanto ICE Processing Center
Party