Northern District of California • 3:26-cv-08654

C.I.M.O. v. Albarran

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Case Information

Filed: August 19, 2026
Assigned to: James Donato
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: August 26, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 19, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-22358040.). Filed by C.I.M.O.. (Attachments: # 1 Exhibit BIA Appeal Filing Receipt, # 2 Exhibit Order of Immigration Judge)(Gorney, Nicole) (Filed on 8/19/2026) (Entered: 08/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 19, 2026
MOTION for Temporary Restraining Order filed by C.I.M.O.. (Attachments: # 1 Declaration Declaration of Nicole A. Gorney, # 2 Proposed Order)(Gorney, Nicole) (Filed on 8/19/2026) (Entered: 08/19/2026)
Main Document: Temporary Restraining Order
#3
Aug 19, 2026
ORDER RE TRO. Signed by Judge James Donato on 08/19/2026. (jdlc3, COURT STAFF) (Filed on 8/19/2026) (Entered: 08/19/2026)
Main Document: Order AND ~Util - Terminate Motions
#4
Aug 20, 2026
MOTION for Reconsideration re 3 Order, Terminate Motions MOTION TO DISSOLVE TRO filed by Sergio Albarran, Todd Blanche, Markwayne Mullin, David J. Venturella. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Skewes-Cox, William) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Reconsideration
#5
Aug 20, 2026
Case assigned to Judge James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (chh, COURT STAFF) (Filed on 8/20/2026) (Entered: 08/20/2026)
#6
Aug 20, 2026
ORDER. The release of petitioner is stayed pending further order. Petitioner is directed to file, by August 21 at 9:00 a.m., a response to Dkt. No. 4 with particular attention to the allegation of a DUI and expiration of parole. Signed by Judge James Donato on 08/20/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 8/20/2026) (Entered: 08/20/2026)
#7
Aug 20, 2026
STATUS REPORT RE: RELEASE by Sergio Albarran, Todd Blanche, Markwayne Mullin, David J. Venturella. (Skewes-Cox, William) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Status Report
#8
Aug 20, 2026
REPLY (re 4 MOTION for Reconsideration re 3 Order, Terminate Motions MOTION TO DISSOLVE TRO ) filed byC.I.M.O.. (Attachments: # 1 Declaration Exhibit 3, Declaration of Kevin Cosgrove, # 2 Exhibit Exhibit 4, Petitioner's employment authorization granted after parole expiration, # 3 Declaration Exhibit 5, Supplemental Declaration of Nicole A. Gorney)(Gorney, Nicole) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Reply to Opposition/Response
Aug 20, 2026
~Util - Case Assigned by Intake
Aug 20, 2026
Order
#9
Aug 21, 2026
ORDER. In response to the Court's order, Dkt. No. 6, petitioner Orozco did not adequately address whether the expiration of parole returned him to the status of an arriving alien subject to the detention authorities of Section 1225. See Coal. for Humane Immigrant Rts. v. Mullin, --- F.4th ----, No. 25-5289, 2026 WL 2317908, at *1 (D.C. Cir. Aug. 11, 2026) ("Under implementing regulations first promulgated in 1997 -- less than six months after passage of the statutory arriving in authority -- '[a]n arriving alien remains' one 'even if paroled.'" (brackets in original) (quoting 8 C.F.R. § 1.2)). Orozco may file by August 26, 2026, a supplemental brief that squarely addresses this issue. The government may file a response by August 31, 2026. The remaining provisions of the TRO will remain in place pending further order. The Court is concerned that attorney Gorney for petitioner was not wholly forthright about relevant facts in the request for a temporary restraining order. In an ex parte proceeding of the sort filed here, the sponsoring attorney must "inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse to the position of the client." Cal. Rules of Prof'l Conduct r. 3.3(d). Further shortcomings along these lines will be sanctioned, including but not limited to professional conduct sanctions. Orozco's request to proceed pseudonymously, Dkt. No. 1 n.1, is denied. Orozco is directed to refile in his true name all previously filed documents, and caption all new filings in his name. Signed by Judge James Donato on 08/21/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 8/21/2026) (Entered: 08/21/2026)
Aug 21, 2026
Order
#10
Aug 24, 2026
Exhibits
Main Document: Exhibits
#11
Aug 26, 2026
Reply to Opposition/Response
Main Document: Reply to Opposition/Response