Eastern District of California • 1:26-cv-05368

#1

Jul 13, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde ICE Processing Center by Jose Eugenio Rodriguez Montoya. (Deputy Clerk AKP) (Entered: 07/14/2026)

#2

Jul 14, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/14/2026)

#3

Jul 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, Mesa Verde ICE Processing Center (Davis, Sean) (Entered: 07/14/2026)

Jul 14, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Jose Eugenio Rodriguez Montoya. (Deputy Clerk AKP)

Jul 14, 2026

RECEIPT number 100008835 for $5.00 for Jose Eugenio Rodriguez Montoya. (Deputy Clerk AKP)

Jul 14, 2026

Service by Mail

#4

Jul 15, 2026

ORDER signed by Magistrate Judge Chi Soo Kim on 07/15/26 DIRECTING Respondents to file an answer or motion to dismiss within 7 days from the date of this order. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondents to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. (Deputy Clerk KML) (Entered: 07/15/2026)

Jul 15, 2026

Service by Mail

Jul 15, 2026

SERVICE BY MAIL: 4 Order served on Jose Eugenio Rodriguez Montoya. (Deputy Clerk KML)

#5

Jul 22, 2026

OPPOSITION to 1 Petition for Writ of Habeas Corpus by Warden, Mesa Verde ICE Processing Center. (Attachments: # 1 Exhibit 213, # 2 Exhibit RAP Sheet, # 3 Proof of Service)(Davis, Sean) Modified on 7/28/2026 (HAH). (Entered: 07/22/2026)

#6

Aug 19, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 8/19/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be GRANTED on claim two; that Respondents be ordered to immediately release petitioner and be ordered to provide petitioner with a copy of the release order at or near the time of release; that if respondents have custody of petitioner's documents, respondents shall return those to petitioner at the time of release; that Respondents be enjoined and restrained from re-detaining petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that petitioner is a flight risk or danger to the community such that his physical custody is legally justified; that this injunction does not address other circumstances where detention authority is established under different authority than what is presented in this case; that given petitioner's pro se status, respondents be directed to file, within 7 days of the adoption of these findings and recommendations, a status report addressing petitioner's status; that the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to District Judge Dale A. Drozd. Objections due within 14 days of the date of these findings and recommendations. (Deputy Clerk HAH) (Entered: 08/19/2026)

Aug 19, 2026

SERVICE BY MAIL: 6 Findings and Recommendations served on Jose Eugenio Rodriguez Montoya. (Deputy Clerk HAH)

Aug 19, 2026

Service by Mail

#7

Aug 25, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden, Mesa Verde ICE Processing Center, attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 08/25/2026)

#8

Aug 25, 2026

OBJECTIONS to 6 FINDINGS and RECOMMENDATIONS by Respondent Warden, Mesa Verde ICE Processing Center. (Soto-Perez, Gabriel) Modified on 8/31/2026 (KS). (Entered: 08/25/2026)

#9

Aug 27, 2026

ORDER signed by District Judge Dale A. Drozd on 8/27/2026 ADOPTING 6 Findings and Recommendations; GRANTING 1 Petition for Writ of Habeas Corpus. Respondent is ORDERED to IMMEDIATELY RELEASE petitioner Jose Eugenio Rodriguez Montoya, A-File No. 232-365-083, from respondent's custody under the same conditions, if any, he was subject to prior to his re-detention on or about 9/15/2025. Respondents are ENJOINED and RESTRAINED from re-detaining petitioner unless they provide petitioner with notice and a pre-detention hearing before an immigration judge. The Clerk to ENTER judgment in favor of petitioner. CASE CLOSED. (cc Mesa Verde) (Deputy Clerk KEZ) (Entered: 08/27/2026)

#10

Aug 27, 2026

JUDGMENT dated *8/27/2026* pursuant to order signed by District Judge Dale A. Drozd on 8/27/2026 in favor of Petitioner. (Deputy Clerk KEZ) (Entered: 08/27/2026)

Aug 27, 2026

Service by Mail

Aug 27, 2026

SERVICE BY MAIL: 9 Order Adopting Findings and Recommendations and 10 Judgment served on Jose Eugenio Rodriguez Montoya. (Deputy Clerk KEZ)

Sep 08, 2026

MAIL RETURNED as Undeliverable, Attempted - Not Known, Unable for Forward: 9 Order Adopting Findings and Recommendations, 10 Judgment sent to Jose Eugenio Rodriguez Montoya. Notice of Change of Address due by 10/16/2026. (Deputy Clerk VAS)