Eastern District of California • 1:25-cv-01725
(HC) Marcia Montino v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: December 03, 2025
Assigned to:
Kirk E. Sherriff
Referred to:
Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
April 09, 2026
Parties:
View All Parties →
Docket Entries
#1
Dec 03, 2025
2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting Secretary, United States Department of Homeland Security, San Francisco Field Office, Current or Acting Field Office Director, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility, United States Immigration and Customs Enforcement by Edgar Faubricio Marcia Montino. (Deputy Clerk JPX) (Entered: 12/03/2025)
Main Document:
Petition for Writ of Habeas Corpus
#2
Dec 03, 2025
MOTION to PROCEED IN FORMA PAUPERIS by Edgar Faubricio Marcia Montino. (Deputy Clerk JPX) (Entered: 12/03/2025)
Main Document:
In Forma Pauperis
#3
Dec 03, 2025
MOTION to APPOINT COUNSEL by Edgar Faubricio Marcia Montino. (Deputy Clerk JPX) (Entered: 12/03/2025)
Main Document:
Appoint Counsel
#4
Dec 03, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due within 30 days. (Attachments: # 1 Order re Consent) (Deputy Clerk JPX) (Entered: 12/03/2025)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Dec 03, 2025
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Edgar Faubricio Marcia Montino signed by Magistrate Judge Sheila K. Oberto on 12/3/2025. (Deputy Clerk JPX) (Entered: 12/03/2025)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
Dec 03, 2025
Service by Mail
Dec 03, 2025
SERVICE BY MAIL: 4 Prisoner New Case Documents, 5 Order Authorizing IFP Status served on Edgar Faubricio Marcia Montino. (Deputy Clerk JPX)
#6
Dec 04, 2025
Order on Motion to Appoint Counsel
Dec 04, 2025
SERVICE BY MAIL: 6 Order on Motion to Appoint Counsel served on Edgar Faubricio Marcia Montino. (Deputy Clerk JPX)
Dec 04, 2025
Service by Mail
#7
Dec 05, 2025
Findings and Recommendations
Dec 05, 2025
SERVICE BY MAIL: 7 Findings and Recommendations (Motion) served on Edgar Faubricio Marcia Montino. (Deputy Clerk JPX)
Dec 05, 2025
Service by Mail
#8
Dec 16, 2025
Extension of Time
Main Document:
Extension of Time
#9
Dec 17, 2025
Order on Motion for Extension of Time
Main Document:
Order on Motion for Extension of Time
Dec 17, 2025
Service by Mail
Dec 17, 2025
SERVICE BY MAIL: 9 Order on Motion for Extension of Time served on Edgar Faubricio Marcia Montino. (Deputy Clerk SSA)
#10
Jan 05, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#11
Jan 21, 2026
Findings and Recommendations AND Order Vacating Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - 1 Terminate Deadlines and Hearings
Main Document:
Findings and Recommendations AND Order Vacating Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - 1 Terminate Deadlines and Hearings
Jan 21, 2026
Service by Mail
Jan 21, 2026
SERVICE BY MAIL: 11 Order served on Edgar Faubricio Marcia Montino. (Deputy Clerk OFR)
#12
Feb 02, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#13
Feb 05, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#14
Feb 05, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 2/5/2026: The Court has reviewed the 13 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the 13 motion. See e.g., Guzman v. Andrews, No. 1:25-CV-01015-KES-SKO (HC), 2025 WL 2617256 (E.D. Cal. Sept. 9, 2025); Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 (E.D. Cal. Jan. 12, 2026); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025). On or before February 10, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Guzman v. Andrews, Elmer Joel M. C. v. Wofford, Clene C.D. v. Robbins, Bilal A. v. Wofford, and W.V.S.M. v. Wofford and justify denying the 13 motion, or indicate the matter is not substantively distinguishable. Respondents shall state their position as to whether the 13 motion for temporary restraining order should be converted into a motion for preliminary injunction and whether they request a hearing on the 13 motion. By February 5, 2026, to the extent not already accomplished, petitioner's counsel is directed: (1) to serve respondents with a copy of the petition, the motion for temporary restraining order, the accompanying papers, petitioner's A-number, and a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioners out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Voyles, J.) (Entered: 02/05/2026)
#15
Feb 05, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Feb 05, 2026
Minute Order
#16
Feb 09, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Needle for Current or Acting Field Office Director,Jonathan Needle for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Needle for Current or Acting United States Attorney General,Jonathan Needle for San Francisco Field Office,Jonathan Needle for United States Immigration and Customs Enforcement,Jonathan Needle for Warden of the Golden State Annex ICE Detention Facility (Needle, Jonathan) (Entered: 02/09/2026)
Main Document:
DESIGNATION
#17
Feb 09, 2026
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. (Anonymous) (Entered: 02/09/2026)
Main Document:
CONSENT/DECLINE
#18
Feb 10, 2026
RESPONSE to 14 ORDER to SHOW CAUSE by Current or Acting Field Office Director, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Golden State Annex ICE Detention Facility. (Attachments: # 1 Exhibit Form I-213)(Needle, Jonathan) (Entered: 02/10/2026)
Main Document:
RESPONSE
#19
Feb 10, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 2/10/2026: By February 16, 2026, petitioner shall file a reply to the 18 response. Petitioner shall address whether he is subject to 8 U.S.C. § 1226(c)(1)(A), and if so, the effect of this on his claim. (Voyles, J.) (Entered: 02/10/2026)
Feb 10, 2026
Minute Order
Apr 09, 2026
Minute Order
Parties
(HC) Marcia Montino
Party
Warden of the Golden State Annex Detention Facility
Party