Eastern District of California • 1:26-cv-08069
(HC) Urbina-Carabantes v. Andrews
Active
Case Information
Filed: October 01, 2026
Assigned to:
Dena M. Coggins
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 09, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 01, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Jose Orlando Urbina-Carabantes. (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 01, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jose Orlando Urbina-Carabantes. (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document:
In Forma Pauperis
#3
Oct 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Orlando Urbina-Carabantes. (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document:
Temporary Restraining Order
#4
Oct 01, 2026
MOTION to APPOINT COUNSEL by Jose Orlando Urbina-Carabantes. (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document:
Appoint Counsel
#5
Oct 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document:
Immigration New Case Documents
#6
Oct 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews (Rodriguez, Elisa) (Entered: 10/02/2026)
Main Document:
DESIGNATION
#7
Oct 02, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/2/0226: 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 to 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 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 3 Motion for Temporary Restraining Order by 12:00 PM on 10/6/2026. 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 10/20/2026. 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: 10/02/2026)
Oct 02, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Jose Orlando Urbina-Carabantes. (Deputy Clerk DAR)
Oct 02, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Jose Orlando Urbina-Carabantes. (Text Only Entry) (Deputy Clerk CRS)
Oct 02, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Oct 02, 2026
Service by Mail
#9
Oct 07, 2026
ORDER signed by District Judge Dena M. Coggins on 10/6/2026 GRANTING 1 Petition for Writ of Habeas Corpus and GRANTING 3 Motion for TRO as follows: Petitioner Jose Orlando Urbina-Carabantes 094-088-044 shall be released immediately from Responden ts' custody with the same conditions he was subject to immediately prior to his detention on 7/7/2026. Respondents shall not impose any additional restriction on him, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents shall RETURN all of Petitioner's documents and possessions upon his release from custody. Respondent shall FILE a notice of compliance with this court confirming that Petitioner has been released in accordance with this Orde r within 3 days from the date of entry of this Order. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. CASE CLOSED. (cc ICE Golden State Annex) (Deputy Clerk OML)
#10
Oct 07, 2026
Judgment
Main Document:
Judgment
Oct 07, 2026
Service by Mail
#11
Oct 09, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
Andrews
Party
(HC) Urbina-Carabantes
Party