Eastern District of California • 1:26-cv-06679
(HC) Garcia-Cortes v. Andrews
Active
Case Information
Filed: August 21, 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:
October 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 21, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Fernando Garcia-Cortes. (Deputy Clerk DAR) (Entered: 08/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 21, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Fernando Garcia-Cortes. (Deputy Clerk DAR) (Entered: 08/24/2026)
Main Document:
In Forma Pauperis
#3
Aug 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Fernando Garcia-Cortes. (Deputy Clerk DAR) (Entered: 08/24/2026)
Main Document:
Temporary Restraining Order
#4
Aug 21, 2026
MOTION to APPOINT COUNSEL by Fernando Garcia-Cortes. (Deputy Clerk DAR) (Entered: 08/24/2026)
Main Document:
Appoint Counsel
Aug 21, 2026
RECEIPT number 100009312 for $5.00 from Fernando Garcia Cortes. (Deputy Clerk DAR)
#5
Aug 24, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 08/24/2026)
Main Document:
Immigration New Case Documents
#6
Aug 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Tonya Andrews (Andrews, Anthony) (Entered: 08/24/2026)
Main Document:
DESIGNATION
Aug 24, 2026
Service by Mail
Aug 24, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Fernando Garcia-Cortes. (Deputy Clerk DAR)
#7
Aug 31, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/31/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 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 held that noncitizens are entitled to a post-deprivation bond hearing when they are detained by immigration authorities under 8 U.S.C. §§ 1226(a), 1227(a) for remaining in the U.S. after the expiration of their previously-granted immigration status (see, e.g., Dandamudi v. Warden, No. 1:26-cv-03567-DC-CSK, Doc. No. 8 (E.D. Cal. May 29, 2026); Gutierrez Nunez v. Warden of the Golden State Annex Det. Fac., No. 1:26-cv-03932-DC-CKD, No. 8 (E.D. Cal. June 16, 2026)), and that noncitizens are entitled to a bond hearing when their immigration detention has grown prolonged, and an extended period of time has elapsed since receiving any such hearing. See Cobis-Gamboa v. Warden, Cal. City ICE Det. Fac., No. 2:26-cv-00658-DC-CKD, 2026 WL 1815504 (E.D. Cal. June 24, 2026) (granting habeas petition and ordering a bond hearing for the petitioner who was detained under § 1226(c) for over six months without a bond hearing); Nasar v. Warden, No. 2:26-cv-00433-DC-AC, 2026 WL 731160 (E.D. Cal. Mar. 16, 2026) (granting temporary restraining order and ordering a second bond hearing where nine months had elapsed since the petitioner had received a bond hearing during their detention under § 1225(b)). 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. See 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 3 Motion by 12:00 PM on 9/2/2026. 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 and this court's aforementioned cases. Petitioner may file a Reply by 9/16/2026. Both parties should address whether they oppose the court ruling directly on the Petition. 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 CRS) (Entered: 08/31/2026)
#8
Aug 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Charles Campbell, GOVT for Tonya Andrews, attorney Anthony Andrews terminated (Campbell, Charles) (Entered: 08/31/2026)
Main Document:
DESIGNATION
Aug 31, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Aug 31, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Fernando Garcia-Cortes. (Text Only Entry) (Deputy Clerk CRS)
Aug 31, 2026
Service by Mail
#9
Sep 16, 2026
NOTICE oof FAILIURE to Respond to {7} Minute Order and REQUEST for RULING by Fernando Garcia-Cortes. (Deputy Clerk AMW) (Entered: 09/17/2026)
Main Document:
Miscellaneous Relief
#10
Sep 17, 2026
RESPONSE by Tonya Andrews to 1 Petition for Writ of Habeas Corpus, 3 Motion for Temporary Restraining Order, 7 Minute Order,,,,,,,,,,,, Set Motion and F&R Deadlines/Hearings,,,,,,,,,,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Campbell, Charles) (Entered: 09/17/2026)
Main Document:
RESPONSE
Oct 06, 2026
Minute Order AND Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 06, 2026
Service by Mail
Parties
Andrews
Party
(HC) Garcia-Cortes
Party