Eastern District of California • 1:26-cv-05858
(HC) Mendoza v. Warden, Tonya Andrews
Active
Case Information
Filed: July 27, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 07, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Tonya Andrews by Rafael Espinoza Mendoza. (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rafael Espinoza Mendoza. (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
Temporary Restraining Order
#3
Jul 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Rafael Espinoza Mendoza. (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
In Forma Pauperis
#4
Jul 27, 2026
MOTION to APPOINT COUNSEL by Rafael Espinoza Mendoza. (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
Appoint Counsel
#5
Jul 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
Immigration New Case Documents
#6
Jul 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Tonya Andrews (Yu, Jonathan) (Entered: 07/28/2026)
Main Document:
DESIGNATION
#7
Jul 28, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/28/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before August 3, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 07/28/2026)
#8
Jul 28, 2026
NOTICE of RELATED CASE(S) 1:26-cv-00702-JLT-EPG, 1:26-cv-05858-DJC-AC by Warden, Tonya Andrews. (Yu, Jonathan) (Entered: 07/28/2026)
Main Document:
Notice of Related Case
Jul 28, 2026
SERVICE BY MAIL: 7 Minute Order served on Rafael Espinoza Mendoza. (Deputy Clerk GJM)
Jul 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 28, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Rafael Espinoza Mendoza. (Deputy Clerk AKP)
Jul 28, 2026
Service by Mail
#9
Jul 29, 2026
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 123, the Court finds that this action 1:26-cv-05858-DJC-AC is related to Case No. 1:26-cv-00702-JLT-EPG because both cases involve overlapping parties, properties, claims, events and/or questions of fact or law. Thus, the Court ORDERS that Case No. 1:26-cv-05858-DJC-AC is reassigned to U.S District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on July 29, 2026 (Deputy Clerk IM) (Entered: 07/29/2026)
#10
Jul 29, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. The new case number is: 1:26-cv-05858-JLT-EPG (HC). (Deputy Clerk JPX) (Entered: 07/29/2026)
Jul 29, 2026
SERVICE BY MAIL: 9 Minute Order served on Rafael Espinoza Mendoza. (Deputy Clerk IM)
Jul 29, 2026
SERVICE BY MAIL: 10 Clerk's Notice Reassigning Case served on Rafael Espinoza Mendoza. (Deputy Clerk JPX)
Jul 29, 2026
Service by Mail
Jul 29, 2026
Minute Order
#11
Aug 02, 2026
RESPONSE by Warden, Tonya Andrews to 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order, 7 Minute Order,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,. (Yu, Jonathan) (Entered: 08/02/2026)
Main Document:
RESPONSE
#12
Aug 06, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 232-600-774) asserts that he has been detained since July 9, 2025, (Doc. 1 at 2). He does not explain his delay in seeking his request for a temporary restraining order nor why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b).The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. The response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (including the I-213) and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing, to preserve the Court's jurisdiction and to preserve Petitioner's access to the Court and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief signed by District Judge Jennifer L. Thurston on August 6, 2026. (Deputy Clerk IM) (Entered: 08/06/2026)
Aug 06, 2026
Service by Mail
Aug 06, 2026
SERVICE BY MAIL: 12 Minute Order on Motion for TRO served on Rafael Espinoza Mendoza. (Deputy Clerk IM)
Aug 06, 2026
Order on Motion for TRO
#13
Aug 07, 2026
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
Aug 07, 2026
Service by Mail
Aug 07, 2026
SERVICE BY MAIL: 13 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Rafael Espinoza Mendoza. (Deputy Clerk EF)
Parties
(HC) Mendoza
Party
Warden, Tonya Andrews
Party