Eastern District of California • 1:25-cv-02071

(HC) C.M. v. Andrews

Completed

Case Information

Filed: December 30, 2025
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 01, 2026
Last Activity: May 01, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 30, 2025
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Tonya Andrews, Pam Bondi, Todd M. Lyons, Kristi Noem by A.R. C.M.. (Filing fee $ 5, receipt number ACAEDC-12713744) (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Civil Cover Sheet)(Vieira Santanna, Natalia) (Entered: 12/30/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Dec 30, 2025
MOTION for TEMPORARY RESTRAINING ORDER by A.R. C.M.. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Checklist, # 9 Proposed Order)(Vieira Santanna, Natalia) (Entered: 12/30/2025)
Main Document: Temporary Restraining Order
#3
Dec 30, 2025
MOTION to PROCEED under a PSEUDONYM by A.R. C.M.. (Attachments: # 1 Proposed Order)(Vieira Santanna, Natalia) (Entered: 12/30/2025)
Main Document: Pseudonym
#4
Dec 30, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/2/2026. (Attachments: # 1 Consent Form) (Deputy Clerk JJD) (Entered: 12/30/2025)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Dec 30, 2025
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Vieira Santanna, Natalia) (Entered: 12/30/2025)
Main Document: CONSENT/DECLINE
#6
Dec 31, 2025
Order AND Order on Motion for TRO
Main Document: Order AND Order on Motion for TRO
#7
Dec 31, 2025
CERTIFICATE/PROOF of Service by A.R. C.M.: Habeas Complaint, Civil Cover Sheet, Habeas Affidavit and Exhibits; Motion for Plaintiffs to Proceed Under Pseudonym and Proposed Order; Motion for TRO, Proposed order, TRO checklist, affidavits, and exhibits; Minute Order serve don U.S. Attorney. . Attorney Nuno, Jacqueline added. (Nuno, Jacqueline) Modified on 1/5/2026 (KLY). (Entered: 12/31/2025)
Main Document: CERTIFICATE/PROOF
#8
Jan 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Katherine Theresa Lydon, GOVT for Sergio Albarran,Katherine Theresa Lydon, GOVT for Tonya Andrews,Katherine Theresa Lydon, GOVT for Pam Bondi,Katherine Theresa Lydon, GOVT for Todd M. Lyons,Katherine Theresa Lydon, GOVT for Kristi Noem (Lydon, Katherine) (Entered: 01/07/2026)
Main Document: DESIGNATION
#9
Jan 07, 2026
Dismiss
Main Document: Dismiss
#10
Jan 11, 2026
REPLY by A.R. C.M. re 9 Motion to Dismiss. (Vieira Santanna, Natalia) (Entered: 01/11/2026)
Main Document: REPLY
#11
Jan 15, 2026
Order
Main Document: Order
#12
Feb 24, 2026
Order
Main Document: Order
#13
Apr 13, 2026
FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 4/13/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. (ECF No. 6 .) Still pending are petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241, ECF No. 1, and respondents' motion to dismiss, ECF No. 9 . The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. I have addressed this issue previously and have consistently found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated and hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) respondents' motion to dismiss, ECF No. 9, be DENIED; (3) the preliminary injunctive relief previously granted, ECF No. 11, be made permanent; and (4) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 04/13/2026)
Apr 13, 2026
Findings and Recommendations
#14
Apr 17, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#15
Apr 20, 2026
REPLY by A.R. C.M. re 14 Objections to Findings and Recommendations. (Nuno, Jacqueline) (Entered: 04/20/2026)
Main Document: REPLY
#16
May 01, 2026
Findings and Recommendations AND Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#17
May 01, 2026
Judgment
Main Document: Judgment

Parties

Andrews
Party
(HC) C.M.
Party