Eastern District of California • 1:26-cv-09097
(HC) Salazar Soto v. Warden
Active
Case Information
Filed: November 04, 2026
Assigned to:
Dena M. Coggins
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Nov 04, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Alvaro Salazar Soto. (Deputy Clerk DAR) (Entered: 11/05/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Nov 04, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Alvaro Salazar Soto. (Deputy Clerk DAR) (Entered: 11/05/2026)
Main Document:
In Forma Pauperis
#3
Nov 04, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Alvaro Salazar Soto. (Deputy Clerk DAR) (Entered: 11/05/2026)
Main Document:
Temporary Restraining Order
#4
Nov 04, 2026
MOTION to APPOINT COUNSEL by Alvaro Salazar Soto. (Deputy Clerk DAR) (Entered: 11/05/2026)
Main Document:
Appoint Counsel
#5
Nov 05, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 11/05/2026)
Main Document:
Immigration New Case Documents
#6
Nov 05, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 11/5/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. From these filings, it is unclear whether Petitioner has previously been released from immigration custody, or whether the challenged detention is Petitioner's first contact with immigration authorities. 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). This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (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)), and where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 11/9/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's applicable orders cited above. Petitioner may file a Reply by 11/23/2026. Finally, 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). Both parties shall 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: 11/05/2026)
#7
Nov 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Edward Oh, GOVT for Warden (Oh, Edward) (Entered: 11/05/2026)
Main Document:
DESIGNATION
Nov 05, 2026
Service by Mail
Nov 05, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Nov 05, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Alvaro Salazar Soto. (Text Only Entry) (Deputy Clerk CRS)
Nov 05, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Alvaro Salazar Soto. (Deputy Clerk DAR)
Parties
(HC) Salazar Soto
Party
Warden
Party