Eastern District of California • 1:26-cv-08863

(HC) Zarate Moreno v. Andrews

Active

Case Information

Filed: October 28, 2026
Assigned to: Edward J. Davila
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 28, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin, Tonya Andrews, ICE/ERO, Todd Blanche, Todd M. Lyons by Angel Alfonso Zarate Moreno. (Deputy Clerk SZ) (Entered: 10/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 28, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Angel Alfonso Zarate Moreno. (Deputy Clerk SZ) (Entered: 10/29/2026)
Main Document: In Forma Pauperis
#3
Oct 28, 2026
MOTION to APPOINT COUNSEL by Angel Alfonso Zarate Moreno. (Deputy Clerk SZ) (Entered: 10/29/2026)
Main Document: Appoint Counsel
#4
Oct 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Angel Alfonso Zarate Moreno. (Deputy Clerk SZ) (Entered: 10/29/2026)
Main Document: Temporary Restraining Order
#5
Oct 29, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Angel Alfonso Zarate Moreno signed by District Judge Edward J Davila on 10/29/2026. (Deputy Clerk SZ) (Entered: 10/29/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Oct 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 10/29/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#7
Oct 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Melanie L. Alsworth, GOVT for Tonya Andrews,Melanie L. Alsworth, GOVT for Todd Blanche,Melanie L. Alsworth, GOVT for ICE/ERO,Melanie L. Alsworth, GOVT for Todd M. Lyons,Melanie L. Alsworth, GOVT for Markwayne Mullin (Alsworth, GOVT, Melanie) (Entered: 10/29/2026)
Main Document: DESIGNATION
#8
Oct 29, 2026
MINUTE ORDER signed by District Judge Edward J Davila on 10/29/2026: The Court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 4 Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the TRO. 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."); 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). The issues raised in the petition appear to mirror those previously addressed by the Court and others in many prior cases: Nguyen v. Warden of Mesa Verde Det. Facility, No. 1:26-CV-05375 (EJD), 2026 WL 3011598 (E.D. Cal. Oct. 6, 2026). Within 5 court days of this order, Respondents are ordered to show cause as to whether there are any factual or legal issues that render the Petition distinct from the cases listed above and would justify denial of the petition. The Response should provide all documents relevant to the alleged revocation of Petitioner's Order of Supervision. Petitioner may file a reply within 9 court days of this order. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 10/29/2026)
Oct 29, 2026
Service by Mail
Oct 29, 2026
Minute Order AND Order on Motion to Appoint Counsel
Oct 29, 2026
SERVICE BY MAIL: 8 Minute Order served on Petitioner. (Thomas, Julia)
Oct 29, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Angel Alfonso Zarate Moreno. (Deputy Clerk SZ)