Eastern District of California • 1:26-cv-05821

#1

Jul 27, 2026

PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin by Cesar Rios-Benavides. (Deputy Clerk DAR) (Entered: 07/28/2026)

#2

Jul 27, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Cesar Rios-Benavides. (Deputy Clerk DAR) (Entered: 07/28/2026)

#3

Jul 27, 2026

MOTION to APPOINT COUNSEL by Cesar Rios-Benavides. (Deputy Clerk DAR) (Entered: 07/28/2026)

#4

Jul 28, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/28/2026)

#5

Jul 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Markwayne Mullin (Williams, Jonathan) (Entered: 07/28/2026)

Jul 28, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Cesar Rios-Benavides. (Deputy Clerk DAR)

Jul 28, 2026

Service by Mail

#6

Jul 29, 2026

ORDER TO SHOW CAUSE signed by Magistrate Judge Sean C. Riordan on 7/29/2026 GRANTING 2 Motion to Proceed IFP. Respondents are directed to show cause why the writ should not be granted by filing an answer/return within seven (7) days from the date of this order. In order to ensure this court's jurisdiction to resolve the pending § 2241 petition, Respondents shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the court. In the event Petitioner obtains an immigration bond and it is paid resulting in release, Petitioner shall inform the court as expeditiously as possible in order to conserve its limited judicial resources. For the same reason, Respondents shall inform the court as expeditiously as possible in the event a travel document is obtained for Petitioner that will result in Petitioner's imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the particular circumstances that have changed. (Deputy Clerk LMS) (Entered: 07/29/2026)

Jul 29, 2026

Service by Mail

Jul 29, 2026

SERVICE BY MAIL: 6 Order, served on Cesar Rios-Benavides. (Deputy Clerk LMS)

#7

Aug 05, 2026

NOTICE of RELATED CASE(S) 1:26-cv-03601-DJC-SCR by Markwayne Mullin. (Williams, Jonathan) (Entered: 08/05/2026)

#8

Aug 05, 2026

RESPONSE (Reply) to ORDER TO SHOW CAUSE by Markwayne Mullin. (Attachments: # 1 Exhibit A-EOIR and 9th Circuit Records)(Williams, Jonathan) Modified on 8/6/2026 (KLY). (Entered: 08/05/2026)

#9

Aug 13, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/13/2026: This case has been initiated by the same Petitioner who initiated a prior action, Case No. 1:26-cv-03601-DJC-SCR, related to Petitioner's present immigration custody status. Pursuant to Local Rule 123, the Court finds that this action is related to the prior action because both cases involve overlapping parties, properties, claims, events and/or questions of fact or law. Accordingly, assignment of the actions to the same District Judge and Magistrate Judge who were assigned to the consolidated action will promote convenience, efficiency, and economy for the Court and parties. Thus, the Court ORDERS that Case No. 1:26-cv-05821-DC-SCR is reassigned to District Judge Daniel J. Calabretta. As Magistrate Judge Sean C. Riordan is assigned to both actions, no further reassignment is necessary. All future filings shall use the following Case Number: 1:26-cv-05821-DJC-SCR. [TEXT ONLY ENTRY] (cc: DC) (Deputy Clerk GJM) (Entered: 08/13/2026)

Aug 13, 2026

Service by Mail

Aug 13, 2026

SERVICE BY MAIL: 9 Minute Order served on Cesar Augusto Rios-Benavides. (Deputy Clerk GJM)

Aug 13, 2026

Minute Order

#10

Aug 21, 2026

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 8/20/2026 DENYING Petitioner's 3 motion to appoint counsel as moot; RECOMMENDING that the Petitioner's 1 application for a writ of habeas corpus be granted on Count One (Due Process Clause of the Fifth Amendment); Respondents be ordered to immediately release Petitioner CESAR AUGUSTO RIOS-BENAVIDES (A# 240-872-505) from their custody and to return all of Petitioner's documents and possessions at the time of release; Respondents be directed to file a notice certifying compliance with the above provisions within 3 days from the date of any final order requiring release; If the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his re-detention is warranted. The final order entered in this case not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. Referred to Judge Daniel J. Calabretta. Objections due within 7 days of service of these findings and recommendations. (Deputy Clerk RRB) (Entered: 08/21/2026)

Aug 21, 2026

Service by Mail

Aug 21, 2026

SERVICE BY MAIL: 10 Order and Findings and Recommendations served on Cesar Augusto Rios-Benavides. (Deputy Clerk RRB)

#11

Aug 28, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 10 by Respondent Markwayne Mullin. (Williams, Jonathan) (Entered: 08/28/2026)

#12

Aug 31, 2026

Findings and Recommendations AND Order Adopting Findings and Recommendations

#13

Aug 31, 2026

Judgment

Aug 31, 2026

Service by Mail

#14

Sep 03, 2026

Notice of Compliance