Eastern District of California • 1:26-cv-07136
(HC) McNally Cerros v. Warden, Central Valley Annex
Active
Case Information
Filed: September 04, 2026
Assigned to:
Dena M. Coggins
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
September 16, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 04, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Central Valley Annex, Warden, Markwayne Mullin, David Venturella by Diego Sebastian McNally Cerros. (Filing fee $ 5, receipt number ACAEDC-13834411) (Attachments: # 1 Exhibit I-94, # 2 Exhibit Biometrics Appointment, # 3 Exhibit Criminal Case Disposition)(Monsalve, Alejandro) (Entered: 09/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 04, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Diego Sebastian McNally Cerros. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 09/04/2026)
Main Document:
Temporary Restraining Order
#3
Sep 04, 2026
CIVIL COVER SHEET filed by Diego Sebastian McNally Cerros. (Monsalve, Alejandro) (Entered: 09/04/2026)
Main Document:
CIVIL
#4
Sep 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 09/04/2026)
Main Document:
Immigration New Case Documents
#5
Sep 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for Todd Blanche,Carmen Idalia Paniagua for Markwayne Mullin,Carmen Idalia Paniagua for David Venturella,Carmen Idalia Paniagua for Warden, Central Valley Annex (Paniagua, Carmen) (Entered: 09/07/2026)
Main Document:
DESIGNATION
#6
Sep 08, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/8/2026: 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, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 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 9/10/2026. 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, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 12:00 PM on 9/11/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One 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 12:00 PM on 9/8/2026. 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 CRS) (Entered: 09/08/2026)
Sep 08, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#9
Sep 16, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#10
Sep 16, 2026
Judgment
Main Document:
Judgment
Parties
Party
Party
Party
Attorney
Attorney
Attorney
Firm
Firm