Eastern District of California • 1:26-cv-05429
(HC) Martinez Valencia v. Andrews
Active
Case Information
Filed: July 13, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 13, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella by Gerardo Martinez Valencia. (Deputy Clerk CM) (Entered: 07/14/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Gerardo Martinez Valencia. (Deputy Clerk CM) (Entered: 07/14/2026)
Main Document:
In Forma Pauperis
#3
Jul 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Gerardo Martinez Valencia. (Deputy Clerk CM) (Entered: 07/14/2026)
Main Document:
Temporary Restraining Order
#4
Jul 13, 2026
MOTION to APPOINT COUNSEL by Gerardo Martinez Valencia. (Deputy Clerk CM) (Entered: 07/14/2026)
Main Document:
Appoint Counsel
#5
Jul 14, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Gerardo Martinez Valencia signed by Magistrate Judge Stanley A. Boone on 07/14/2026. (Deputy Clerk CM) (Entered: 07/14/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Jul 14, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 07/14/2026)
Main Document:
Immigration New Case Documents
#7
Jul 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Tonya Andrews,Sean Davis, GOVT for Todd Blanche,Sean Davis, GOVT for ICE/ERO,Sean Davis, GOVT for Markwayne Mullin,Sean Davis, GOVT for David Venturella (Davis, Sean) (Entered: 07/14/2026)
Main Document:
DESIGNATION
#8
Jul 14, 2026
RELATED CASE ORDER signed by signed by District Judge Dale A. Drozd on 7/14/2026 RELATING cases 1:26-cv-2255 and 1:26-cv-5429. Case 1:26-cv-5429 shall be REASSIGNED to District Judge Dale A. Drozd and Magistrate Judge Edmund F. Brennan for all future proceedings. District Judge Jennifer L. Thurston and Magistrate Judge Stanley A. Boone no longer assigned to case. New Case Number: 1:26-cv-5429-DAD-EFB. Respondents are DIRECTED to file an opposition to the pending 3 Motion for TRO by 7/16/26. (Deputy Clerk AMW) (Entered: 07/14/2026)
Main Document:
Order Reassigning Case AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 14, 2026
Service by Mail
Jul 14, 2026
SERVICE BY MAIL: 5 Order Authorizing IFP Status, 6 Immigration New Case Documents served on Gerardo Martinez Valencia. (Deputy Clerk CM)
Jul 14, 2026
SERVICE BY MAIL: 8 Order Reassigning Case served on Gerardo Martinez Valencia. (Deputy Clerk AMW)
#10
Jul 16, 2026
RESPONSE by Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella to 8 Order Reassigning Case,,, Set/Reset Deadlines and Hearings,, 3 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Hearing notice, # 2 Exhibit Order, # 3 Proof of Service)(Davis, Sean) (Entered: 07/16/2026)
Main Document:
RESPONSE
#11
Jul 21, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 7/21/2026: Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(a), the pending 3 pro se motion for a temporary restraining order, which appears to be a motion to enforce this court's prior order in Martinez Valencia v. Warden, No. 1:26-cv-02255, Doc. No. 16, is hereby referred to United States Magistrate Judge Edmund F. Brennan for issuance of findings and recommendations in accordance with 28 U.S.C. § 636(b)(1)(B) and (C). (Deputy Clerk PAB) (Entered: 07/21/2026)
Jul 21, 2026
SERVICE BY MAIL: 11 Minute Order served on Gerardo Martinez Valencia. (Deputy Clerk PAB)
Jul 21, 2026
Minute Order
Jul 21, 2026
Service by Mail
#12
Aug 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Edmund F. Brennan on 8/10/2026: In light of the complexity of the legal issues involved, the court has determined that the interests of justice require the appointment of counsel for petitioner and GRANTS petitioner's motion for appointment of counsel (ECF No. 4 ). See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the Courtroom Deputy for Magistrate Judge Edmund Brennan via email at mfrancel@caed.uscourts.gov who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, the court hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). (cc: Federal Defender, Habeas Appointment) (Text Only Entry) (Deputy Clerk MCF) (Entered: 08/10/2026)
Aug 10, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 10, 2026
SERVICE BY MAIL: 12 Minute Order served on Gerardo Martinez Valencia. (Deputy Clerk MCF)
Aug 10, 2026
Service by Mail
#13
Aug 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Edmund F. Brennan on 8/13/2026: The Court has been notified of Counsel's contact information, pursuant to the 8/10/2026 12 Order. Attorney Robin Chang is hereby APPOINTED as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Robin Chang as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Text Only Entry) (Deputy Clerk MCF) (Entered: 08/13/2026)
Aug 13, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#14
Aug 31, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Edmund F. Brennan on 8/31/2026: Petitioner shall file any traverse and/or reply to the opposition to the motion for temporary restraining order on or before September 7, 2026.(Text Only Entry) (Deputy Clerk MCF) (Entered: 08/31/2026)
Aug 31, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
Sep 04, 2026
TRAVERSE/REPLY and MOTION to ENFORCE JUDGMENT by Gerardo Martinez Valencia. (Attachments: # 1 Decl. of Chang, # 2 Decl. of Petitioner) (Chang, Robin) Modified on 9/8/2026 (KS). (Entered: 09/04/2026)
Main Document:
TRAVERSE/REPLY
#16
Sep 05, 2026
DESIGNATION of COUNSEL FOR SERVICE., attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 09/05/2026)
Main Document:
DESIGNATION
#17
Sep 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Gabriel Andres Soto-Perez added for All Respondetns. (Soto-Perez, Gabriel) Modified on 9/8/2026 (KS). (Entered: 09/05/2026)
Main Document:
DESIGNATION
#18
Sep 10, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/10/2026 RECOMMENDING that 3 Motion to Enforce Judgment be granted; that Respondents be ordered to immediately release petitioner from respondents' custody; that R espondents be enjoined and restrained from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner a hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a), for which he receives written no tice no less than 7 days prior to such hearing; and that the Clerk of Court be directed to serve the District Court's order on the Golden State Annex. Referred to District Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk HAH)
Parties
Andrews
Party
(HC) Valencia
Party