Eastern District of California • 1:26-cv-06585

(HC) Bustamante Cota v. Warden, California City Immigration Processing Center

Active

Case Information

Filed: August 18, 2026
Assigned to: Daniel J. Calabretta
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 05, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 18, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Marco Bustamante Cota. (Deputy Clerk DAR) (Entered: 08/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 18, 2026
MOTION for TEMPORARY RESTRAINING ORDER and MOTION for PRELIMINARY INJUNCTION by Marco Bustamante Cota. (Deputy Clerk DAR) (Entered: 08/19/2026)
Main Document: Preliminary Injunction AND Temporary Restraining Order
Aug 18, 2026
RECEIPT number 100009274 for $5.00 from Marco Antonio Bustamante. (Deputy Clerk DAR)
#3
Aug 19, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 08/19/2026)
Main Document: Immigration New Case Documents
#4
Aug 19, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Immigration Processing Center (Rodriguez, Elisa) (Entered: 08/19/2026)
Main Document: DESIGNATION
#5
Aug 19, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/19/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner's prior release from custody created a liberty interest that entitles Petitioner to pre-deprivation notice and opportunity to be heard. 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; see also M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. Respondents are ORDERED TO SHOW CAUSE on or before August 24, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release based on the violation of Petitioner's due process rights by filing a return as provided in 28 U.S.C. § 2243. 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 ENTRY] (Deputy Clerk GJM) (Entered: 08/19/2026)
Aug 19, 2026
Service by Mail
Aug 19, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 19, 2026
SERVICE BY MAIL: 5 Minute Order served on Marco Bustamante Cota. (Deputy Clerk GJM)
Aug 19, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Marco Bustamante Cota. (Deputy Clerk DAR)
#7
Aug 31, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 8/31/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner MARCO BUSTAMANTE COTA (A# 098-389-738) from their custody and to not impose any additional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; D IRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve California City Detention Facility with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Resp ondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. Respondents shall file a status report within five (5) days of Petitioner's release, confirming Petitioner's release. CASE CLOSED. (cc: ICE–California City Detention Facility) (Deputy Clerk GJM)
Main Document: Order AND Order on Motion for Preliminary Injunction AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#8
Aug 31, 2026
Judgment
Main Document: Judgment
Aug 31, 2026
Service by Mail
#9
Sep 05, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) Bustamante Cota
Party
Warden, California City Immigration Processing Center
Party