Eastern District of California • 1:26-cv-05829
(HC) Garcia Aguirre v. Andrews
Completed
Case Information
Filed: July 27, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 03, 2026
Last Activity:
August 13, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Juan Haroldo Garcia Aguirre. (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 Juan Haroldo Garcia Aguirre. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document:
In Forma Pauperis
#3
Jul 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Haroldo Garcia Aguirre. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document:
Temporary Restraining Order
#4
Jul 27, 2026
MOTION to APPOINT COUNSEL by Juan Haroldo Garcia Aguirre. (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
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/28/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting 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 MDK) (Entered: 07/28/2026)
#7
Jul 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews (Rodriguez, Elisa) (Entered: 07/28/2026)
Main Document:
DESIGNATION
Jul 28, 2026
SERVICE BY MAIL: 6 Minute Order served on Juan Haroldo Garcia Aguirre. (Deputy Clerk MDK)
Jul 28, 2026
Service by Mail
Jul 28, 2026
Minute Order
Jul 28, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Juan Haroldo Garcia Aguirre. (Deputy Clerk DAR)
#8
Jul 30, 2026
OPPOSITION by Respondent Tonya Andrews to 1 Petition for Writ of Habeas Corpus, 3 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 07/30/2026)
Main Document:
OPPOSITION
#9
Aug 03, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 8/2/2026 GRANTING 1 Petition for Writ of Habeas Corpus and ORDERING Respondents to IMMEDIATELY RELEASE Petitioner Juan Haroldo Garcia Aguirre 240-767-019 from custody and RETURN all of Petitioner's documents and possessions. Respondents are DIRECTED to file a notice certifying compliance within 2 days of this order and Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate flight risk. The 3 Motion for TRO, 2 Motion to Proceed IFP, and 4 Motion to Appoint Counsel are DENIED as Moot. The court is DIRECTED to enter judgment in favor of Petitioner and close this case. CASE CLOSED. (cc Golden State Annex) (Deputy Clerk AMW) (Entered: 08/03/2026)
#10
Aug 03, 2026
JUDGMENT dated *8/3/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/2/2026 in favor of Petitioner. (Deputy Clerk AMW) (Entered: 08/03/2026)
Main Document:
Judgment
Aug 03, 2026
SERVICE BY MAIL: 9 Order and 10 Judgment served on Juan Haroldo Garcia Aguirre. (Deputy Clerk AMW)
Aug 03, 2026
Service by Mail
#11
Aug 05, 2026
NOTICE OF COMPLIANCE re 9 Order,,,,,, Terminate Civil Case,,,,,, Order on Motion to Proceed in forma pauperis,,,,,, Order on Motion for TRO,,,,,, Order on Motion to Appoint Counsel,,,,, by Tonya Andrews. (Rodriguez, Elisa) (Entered: 08/05/2026)
Main Document:
Notice of Compliance
Aug 13, 2026
MAIL RETURNED as Undeliverable, Released: 9 Order and 10 Judgment sent to Juan Haroldo Garcia Aguirre. (Deputy Clerk DAR)
Parties
Andrews
Party
(HC) Garcia Aguirre
Party