Eastern District of California • 1:26-cv-05862

(HC) Tapia Lazaro v. Andrews

Active

Case Information

Filed: July 27, 2026
Assigned to: Jennifer L. Thurston
Referred to: Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 14, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Miguel Fernando Tapia Lazaro. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Miguel Fernando Tapia Lazaro. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document: In Forma Pauperis
#3
Jul 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Miguel Fernando Tapia Lazaro. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document: Temporary Restraining Order
#4
Jul 27, 2026
MOTION to APPOINT COUNSEL by Miguel Fernando Tapia Lazaro. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document: Appoint Counsel
#5
Jul 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (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 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. 3 ). The issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. 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 3 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 July 31, 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)
Jul 28, 2026
SERVICE BY MAIL: 7 Minute Order served on Miguel Fernando Tapia Lazaro. (Deputy Clerk GJM)
Jul 28, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Miguel Fernando Tapia Lazaro. (Deputy Clerk DAR)
Jul 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 28, 2026
Service by Mail
#8
Jul 29, 2026
NOTICE of RELATED CASE(S) 1:26-cv-03786-JLT-EGC, 1:26-cv-05862-DJC-AC by Tonya Andrews. (Yu, Jonathan) (Entered: 07/29/2026)
Main Document: Notice of Related Case
#9
Jul 30, 2026
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 123, the Court finds that this action (1:26-cv-05862-DJC-AC) is related to Case No. 1:26-cv-03786-JLT-EGC 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-05862-DJC-AC is reassigned to U.S District Judge Jennifer L. Thurston and Magistrate Judge Erin Guy Castillo. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on July 30, 2026. (Deputy Clerk IM) (Entered: 07/30/2026)
#10
Jul 30, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Erin Guy Castillo. The new case number is: 1:26-cv-05862-JLT-EGC(HC). (Deputy Clerk SSA) (Entered: 07/30/2026)
Jul 30, 2026
Service by Mail
Jul 30, 2026
SERVICE BY MAIL: 9 Minute Order served on Miguel Fernando Tapia Lazaro. (Deputy Clerk IM)
Jul 30, 2026
Minute Order
#11
Jul 31, 2026
RESPONSE by Tonya Andrews to 7 Minute Order,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,, 3 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus. (Yu, Jonathan) (Entered: 07/31/2026)
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. 3). Petitioner (A File #: 213-209-155) asserts that he has been detained since January 28, 2026, (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: 12 Minute Order on Motion for TRO served on Miguel Fernando Tapia Lazaro. (Deputy Clerk IM)
Aug 06, 2026
Service by Mail
Aug 06, 2026
Order on Motion for TRO
#13
Aug 27, 2026
RESPONSE by Tonya Andrews to 12 Order on Motion for TRO,,,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) (Entered: 08/27/2026)
Main Document: RESPONSE
#14
Sep 01, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Miguel Fernando Tapia Lazaro signed by Magistrate Judge Erin Guy Castillo on 9/1/2026. (Deputy Clerk JPX) (Entered: 09/01/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Sep 01, 2026
Service by Mail
Sep 01, 2026
SERVICE BY MAIL: 14 Order Authorizing IFP Status served on Miguel Fernando Tapia Lazaro. (Deputy Clerk JPX)
#15
Sep 21, 2026
FINDINGS and RECOMMENDATIONS to Summarily Dismiss 1 Petition for Writ of Habeas Corpus, signed by Magistrate Judge Erin Guy Castillo on 9/21/2026. Referred to Judge Thurston; Objections to F&R due within 10 days. (Deputy Clerk ED)
Main Document: Findings and Recommendations AND ~Util - 1 Terminate Deadlines and Hearings
Sep 21, 2026
Service by Mail
#16
Oct 14, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Appoint Counsel AND ~Util - 1 Terminate Deadlines and Hearings
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Appoint Counsel AND ~Util - 1 Terminate Deadlines and Hearings
Oct 14, 2026
Service by Mail

Parties

Andrews
Party
(HC) Tapia Lazaro
Party