Eastern District of California • 1:26-cv-08578
(HC) Garcia Moret v. Andrews
Active
Case Information
Filed: October 19, 2026
Assigned to:
Dena M. Coggins
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 26, 2026
Parties:
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Docket Entries
#1
Oct 19, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin, Tonya Andrews, Todd Blanche, David Venturella, ICE/ERO by Josue Michel Garcia Moret. (Deputy Clerk SZ) (Entered: 10/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 19, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Josue Michel Garcia Moret. (Deputy Clerk SZ) (Entered: 10/20/2026)
Main Document:
In Forma Pauperis
#3
Oct 19, 2026
MOTION to APPOINT COUNSEL by Josue Michel Garcia Moret. (Deputy Clerk SZ) (Entered: 10/20/2026)
Main Document:
Appoint Counsel
#4
Oct 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Josue Michel Garcia Moret. (Deputy Clerk SZ) (Entered: 10/20/2026)
Main Document:
Temporary Restraining Order
#5
Oct 20, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Josue Michel Garcia Moret signed by Magistrate Judge Helena M. Barch-Kuchta on 10/20/2026. (Deputy Clerk SZ) (Entered: 10/20/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Oct 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/20/2026)
Main Document:
Immigration New Case Documents
#7
Oct 20, 2026
MINUTE ORDER (Text Only Entry) This is the second petition filed by Petitioner against the same Respondents and raising similar issues as in his earlier petition (Case No.: 1:26-cv-04187 DC-CSK). Thus, the Court finds this the matters are related. (Local Rule 123(a)). The Court reassigns this matter to Judges Coggins and Kim. The new case number is 1:26-cv-08578 DC CSK signed by District Judge Jennifer L. Thurston on October 20, 2026. (Deputy Clerk IM) (Entered: 10/20/2026)
#8
Oct 20, 2026
[DISREGARD - Filed in Violation of LR 131(c)] DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Respondents. (Yu, Jonathan) Modified on 10/27/2026 (HAH). (Entered: 10/20/2026)
Main Document:
DESIGNATION
Oct 20, 2026
Service by Mail
Oct 20, 2026
SERVICE BY MAIL: 7 Minute Order served on Josue Michel Garcia Moret. (Deputy Clerk IM)
Oct 20, 2026
Minute Order
Oct 20, 2026
SERVICE BY MAIL: 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 6 Immigration New Case Documents served on Josue Michel Garcia Moret. (Deputy Clerk SZ)
#9
Oct 22, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/22/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 4 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 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 4 Motion for Temporary Restraining Order by 12:00 PM on 10/26/2026. 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 11/9/2026. Both parties should address whether they oppose the court ruling directly on the Petition. Respondents are further directed to include in their response: (i) the detention authority identified by or relied upon by the detaining agency at the time of detention; (ii) all documentation and evidence verifying that basis for detention and reflecting the steps the detaining agency took to comply with the procedural requirements of that detention authority; and (iii) all documentation, if any, reflecting whether and when Petitioner received notice of that basis for detention. 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: 10/22/2026)
Oct 22, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 9, served on Josue Michel Garcia Moret. (Text Only Entry) (Deputy Clerk CRS)
Oct 22, 2026
Service by Mail
Oct 22, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#10
Oct 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews,Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for ICE/ERO,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for David Venturella, attorney Jonathan Yu, GOVT terminated (Rodriguez, Elisa) (Entered: 10/23/2026)
Main Document:
DESIGNATION
#11
Oct 26, 2026
OPPOSITION by Respondents Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella to 4 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 10/26/2026)
Main Document:
OPPOSITION
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