Eastern District of California • 1:26-cv-05692
(HC) Rivas Arevalo v. Cruz
Active
Case Information
Filed: July 22, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 15, 2026
Parties:
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Docket Entries
#1
Jul 22, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Jose Junior Rivas Arevalo. (Filing fee $ 5, receipt number ACAEDC-13621225) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12) (Bautista, Cynthia) Modified on 7/29/2026 (KS). (Entered: 07/22/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 22, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Jose Junior Rivas Arevalo for attorney Margie S. Lazo to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13621308) (Attachments: # 1 Exhibit certificate of good standing) (Bautista, Cynthia) (Entered: 07/22/2026)
Main Document:
Application for Pro Hac Vice and Proposed Order
#3
Jul 22, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 07/22/2026)
Main Document:
Immigration New Case Documents
#4
Jul 22, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/22/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (TEXT ONLY ENTRY) (Deputy Clerk MCF) (Entered: 07/22/2026)
#5
Jul 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Elisa M. Rodriguez added for All Respondents. (Rodriguez, Elisa) Modified on 7/29/2026 (KS). (Entered: 07/22/2026)
Main Document:
DESIGNATION
Jul 22, 2026
Minute Order
#6
Jul 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/23/2026. Petitioner, Jose Junior Rivas Arevalo (A 235-477-234), an immigration detainee, through counsel, filed a 1 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and paid the filing fee. The court has previously addressed the legal issues raised by petitioner's statutory claim. Accordingly, respondents are directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Brayan C.C. v. Warden of California City Corr. Ctr., No. 2:26-cv-0641 TLN JDP, 2026 WL 710358 (E.D. Cal. Mar. 13, 2026), Acevedo Duran v. Albarran, No. 1:26-cv-01108-DC-CSK, Doc. No. 11 (E.D. Cal. Feb. 26, 2026), Quichimbo-Jimenez v. Warden, No. 2:26-cv-0739 DAD EFB (E.D. Cal. Mar. 10, 2026), Baltazar Fernando v. Warden of the Golden State Annex Detention Facility, No. 1:26-cv-3529 DJC JDP (E.D. Cal. June 10, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action").] (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/23/2026)
Jul 23, 2026
Minute Order
#7
Jul 24, 2026
PRO HAC VICE ORDER signed by Magistrate Judge Allison Claire on 7/23/2026 GRANTING 2 Application for Pro Hac Vice. Added attorney Margie S. Lazo, PHV for Jose Junior Rivas Arevalo. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk AMW) (Entered: 07/24/2026)
#8
Jul 30, 2026
MOTION for 4-DAY EXTENSION OF TIME to Respond to Petition for Writ of Habeas Corpus by Todd Blanche, Christopher Chestnut, Orestes Cruz, Markwayne Mullin, David J. Venturella. (Attachments: # 1 Proposed Order)(Rodriguez, Elisa) (Entered: 07/30/2026)
Main Document:
Extension of Time
#9
Aug 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/03/2026. Good cause appearing, respondent's motion for a four-day extension of time 7 is GRANTED. Respondent shall file a response to the petition no later than August 4, 2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/03/2026)
Aug 03, 2026
Minute Order AND Order on Motion for Extension of Time
#10
Aug 04, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Rodriguez, Elisa) Modified on 8/7/2026 (KS). (Entered: 08/04/2026)
Main Document:
ANSWER
#11
Aug 18, 2026
RESPONSE to 10 Answer by Jose Junior Rivas Arevalo. (Lazo, Margie) Modified on 8/19/2026 (HAH). (Entered: 08/18/2026)
Main Document:
RESPONSE
#12
Sep 08, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/04/26 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted and respondents immediately release petitioner. Referred to Judge Troy L. Nunley. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk VLC) (Entered: 09/08/2026)
#13
Sep 11, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#14
Sep 15, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations
#15
Sep 15, 2026
Judgment
Main Document:
Judgment
Parties
Cruz
Party
(HC) Rivas Arevalo
Party