Eastern District of California • 1:26-cv-06609
(HC) Cortes v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: August 18, 2026
Assigned to:
Dena M. Coggins
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 19, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Martin Cortes Cortes. (Filing fee $ 5, receipt number ACAEDC-13752135) (Attachments: # 1 Declaration Armida Mendoza Declaration with Exhibits, # 2 Civil Cover Sheet Civil Cover Sheet for Martin Cortes Cortes)(Mendoza, Armida) (Entered: 08/19/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Martin Cortes Cortes. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 Declaration)(Mendoza, Armida) (Entered: 08/19/2026)
Main Document:
Temporary Restraining Order
#3
Aug 19, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/19/2026)
Main Document:
Immigration New Case Documents
#4
Aug 19, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 8/19/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by Counts One and Three of the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 8/21/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Alvarez Maciel, and Barajas Ortiz. Petitioner may file a Reply by 12:00 PM on 8/24/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Counts One and Three only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 5:00 PM on 8/19/2026. The 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 MCF) (Entered: 08/19/2026)
#5
Aug 19, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Sergio Albarran,Quinn Disparte, GOVT for Todd Blanche,Quinn Disparte, GOVT for Todd Lyons,Quinn Disparte, GOVT for Markwayne Mullin,Quinn Disparte, GOVT for Dustin Stubbs,Quinn Disparte, GOVT for U.S. Department of Homeland Security (DHS),Quinn Disparte, GOVT for Warden of the Golden State Annex Detention Facility (Disparte, Quinn) (Entered: 08/19/2026)
Main Document:
DESIGNATION
Aug 19, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Aug 21, 2026
Opposition to Motion
Main Document:
Opposition to Motion
Parties
(HC) Cortes
Party
Warden of the Golden State Annex Detention Facility
Party