Southern District of California • 3:26-cv-04297
Montenegro-Velasquez v. LaRose
Completed
Case Information
Filed: July 27, 2026
Assigned to:
Jinsook Ohta
Referred to:
Daniel E. Butcher
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: August 10, 2026
Last Activity:
August 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 27, 2026
Petition for Writ of Habeas Corpus against Todd Blanche, Executive Office for Immigration Review, Christopher J. LaRose, Daren Margolin, Jamison Matuszewski, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella ( Filing fee $ 5 receipt number ACASDC-21438055.), filed by Cesar Jose Montenegro-Velasquez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)The new case number is 3:26-cv-4297-JO-DEB. Judge Jinsook Ohta and Magistrate Judge Daniel E. Butcher are assigned to the case. (Smallcomb, Deron)(dde) (Entered: 07/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 28, 2026
Minute Order by Judge Jinsook Ohta: The Court adopts the Standard Procedures for Immigration Habeas Petitions from Chief Judge Order No. 144 with the following modifications: The government's return shall identify and address any individualized concerns regarding Petitioner's danger to the community or flight risk, including the factual basis for any such concerns. Petitioner's optional traverse shall be due within three days of the government's return. Further, the Court sets a hearing on the petition for August 13, 2026 at 9:30 AM. All parties may appear by videoconference for the hearing. The courtroom deputy will provide the videoconference information ahead of the hearing, which will proceed unless the Court issues a written decision on the merits ahead of the hearing date. Parties are directed to check the docket at 5:00 PM the day before the hearing. Signed by Judge Jinsook Ohta on 07/28/2026. (rh) (Entered: 07/28/2026)
#3
Jul 28, 2026
NOTICE of Errata and Supplemental Exhibit by Cesar Jose Montenegro-Velasquez re 1 Petition for Writ of Habeas Corpus,, (Attachments: # 1 Exhibit DHS Records of Petitioner's August 2022 Apprehension and Parole and USCIS Memorandum Regarding Form I-589)(Smallcomb, Deron) (rxc). (Entered: 07/28/2026)
Main Document:
Notice (Other)
Jul 28, 2026
Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings
#4
Jul 29, 2026
NOTICE of Appearance and Substitution of Counsel by Douglas D. Nelson on behalf of Todd Blanche, Executive Office for Immigration Review, Christopher J. LaRose, Daren Margolin, Jamison Matuszewski, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella (Nelson, Douglas)Attorney Douglas D. Nelson added to party Todd Blanche(pty:res), Attorney Douglas D. Nelson added to party Executive Office for Immigration Review(pty:res), Attorney Douglas D. Nelson added to party Christopher J. LaRose(pty:res), Attorney Douglas D. Nelson added to party Daren Margolin(pty:res), Attorney Douglas D. Nelson added to party Jamison Matuszewski(pty:res), Attorney Douglas D. Nelson added to party Markwayne Mullin(pty:res), Attorney Douglas D. Nelson added to party U.S. Department of Homeland Security(pty:res), Attorney Douglas D. Nelson added to party David J. Venturella(pty:res)(axc1). (Entered: 07/29/2026)
Main Document:
Notice of Appearance
#5
Aug 04, 2026
RESPONSE TO PETITION by Todd Blanche, Executive Office for Immigration Review, Christopher J. LaRose, Daren Margolin, Jamison Matuszewski, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella. (Nelson, Douglas) (axc1). (Entered: 08/04/2026)
Main Document:
Response to Petition
#6
Aug 04, 2026
TRAVERSE to Petition for Writ of H/C by Cesar Jose Montenegro-Velasquez, re 5 Response to Petition filed by Cesar Jose Montenegro-Velasquez. (Smallcomb, Deron)(axc1). (Entered: 08/04/2026)
Main Document:
Traverse to Petition for Writ of H/C
#7
Aug 05, 2026
Minute Order by Judge Jinsook Ohta: The government does not oppose the petition for habeas relief based on the Ninth Circuit's decision in Rodriguez Vasquez v. Bostock, No. 25-6842, ---F.4th--- (9th Cir. July 30, 2026). The Court therefore GRANTS the habeas petition requesting immediate release. [Dkt. 1]. The Court's order and injunctive terms are set forth at Dkt. 8. Signed by Judge Jinsook Ohta on 08/05/2026. (rh) (Entered: 08/05/2026)
#8
Aug 05, 2026
Order Granting Habeas Petition. Signed by Judge Jinsook Ohta on 08/05/2026. (rh) (Entered: 08/05/2026)
Main Document:
Order
Aug 05, 2026
Minute Order (No Time) AND ~Util - Terminate Motion and R&R Deadlines/Hearings
#9
Aug 06, 2026
STATUS REPORT confirming timely release by Todd Blanche, Executive Office for Immigration Review, Christopher J. LaRose, Daren Margolin, Jamison Matuszewski, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella. (Attachments: # 1 Declaration)(Nelson, Douglas) (rxc). (Entered: 08/06/2026)
Main Document:
Status Report
#10
Aug 10, 2026
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the court GRANTS the Petitioner's Petition for Writ of Habeas Corpus and the case is hereby closed.(rxc) (Entered: 08/10/2026)
Main Document:
Judgment - Clerk
Parties
LaRose
Party
Montenegro-Velasquez
Party