Eastern District of California • 1:26-cv-08712
(HC) Alvarez-Alas v. Venturella
Active
Case Information
Filed: October 22, 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:
October 28, 2026
Parties:
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Docket Entries
#1
Oct 22, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Christopher Chestnut, Orestes Cruz, Markwayne Mullin, David Venturella by Jos Antonio Alvarez-Alas. (Filing fee $ 5, receipt number ACAEDC-14053794) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Cofano, Susan) (Entered: 10/22/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 23, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/23/2026)
Main Document:
Immigration New Case Documents
#3
Oct 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Todd Blanche,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Orestes Cruz,Anthony Andrews for Markwayne Mullin,Anthony Andrews for David Venturella (Andrews, Anthony) (Entered: 10/23/2026)
Main Document:
DESIGNATION
#4
Oct 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Antonio Alvarez-Alas. (Attachments: # 1 Declaration of Angela D. Warren, # 2 Declaration re Notice, # 3 Proposed Order, # 4 TRO checklist)(Cofano, Susan) Modified on 10/23/2026 (KLY). (Entered: 10/23/2026)
Main Document:
Temporary Restraining Order
#5
Oct 23, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 10/23/2026: 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., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 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 4 Motion for Temporary Restraining Order by 12:00 PM on 10/27/2026. 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, Alvarez Maciel, and Barajas Ortiz. Petitioner may file a Reply by 12:00 PM on 10/28/2026. 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 MCF) (Entered: 10/23/2026)
Oct 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Oct 28, 2026
Reply to Response to Motion
Main Document:
Reply to Response to Motion
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