Eastern District of California • 1:26-cv-02092

(HC) Monrroy v. Warden

Completed

Case Information

Filed: March 16, 2026
Assigned to: Troy Lynne Nunley
Referred to: Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 09, 2026
Last Activity: November 09, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Irbis Monrroy. (Deputy Clerk JAW) (Entered: 03/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/20/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 03/17/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#3
Mar 17, 2026
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. (Anonymous) (Entered: 03/17/2026)
Main Document: CONSENT/DECLINE
Mar 17, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Irbis Monrroy. (Deputy Clerk JAW)
Mar 17, 2026
Service by Mail
#4
Mar 18, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 18, 2026: This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/18/2026)
#5
Mar 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden. Attorney Christopher William Dextre, GOVT terminated. (Andrews, Anthony) (Entered: 03/18/2026)
Main Document: DESIGNATION
Mar 18, 2026
Minute Order
Mar 18, 2026
SERVICE BY MAIL: 4 Minute Order served on Irbis Monrroy. (Deputy Clerk MDK)
Mar 18, 2026
Service by Mail
#6
Mar 19, 2026
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/19/2026 DIRECTING Petitioner to file an application to proceed in forma pauperis or pay the appropriate $5 filing fee within 30 days from the date of this Order, DIRECTING the Clerk of the Court to serve a copy of this Order and a copy of the Petition on the Federal Defender and the United States Attorney, and DIRECTING the Clerk of the Court to send Petitioner the application to proceed in forma pauperis for a non-prisoner. The appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the CRD for Magistrate Judge Brennan within 7 days of the date of this Order. Respondent is to file an answer/return within 14 days from the date of this Order. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of respondent's answer/return. In order to ensure this court's jurisdiction to resolve the pending petition, Respondent shall not transfer petitioner to another detention center outside of this judicial district, pending further order of the Court. (Deputy Clerk OML) (Entered: 03/19/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 19, 2026
SERVICE BY MAIL: 6 Order and Application to Proceed in Forma Pauperis for a Non-Prisoner served on Irbis Monrroy. (Deputy Clerk OML)
Mar 19, 2026
Service by Mail
#7
Mar 25, 2026
MINUTE ORDER signed by Magistrate Judge Edmund F. Brennan on 3/25/2026: The Court has been notified of Counsel's contact information, pursuant to the 3/19/2026 6 Order. Attorney Jan D. Karowsky is hereby APPOINTED as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Jan D. Karowsky as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 03/25/2026)
Mar 25, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#8
Mar 26, 2026
NOTICE of APPEARANCE by Jan David Karowsky on behalf of Irbis Monrroy. (Karowsky, Jan) (Entered: 03/26/2026)
Main Document: Notice of Appearance
#9
Mar 26, 2026
MOTION for APPOINTMENT of COUNSEL by Irbis Monrroy. (Deputy Clerk OML) (Entered: 03/27/2026)
Main Document: Appoint Counsel
#10
Mar 26, 2026
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. (Deputy Clerk OML) (Entered: 03/27/2026)
Main Document: CONSENT/DECLINE
#11
Mar 30, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Irbis Monrroy. (Deputy Clerk AJB) (Entered: 03/30/2026)
Main Document: In Forma Pauperis
#12
Apr 02, 2026
RESPONSE by Warden to 1 Petition for Writ of Habeas Corpus, 6 Order,,,,, Set/Reset Deadlines and Hearings,,,,. (Andrews, Anthony) (Entered: 04/02/2026)
Main Document: RESPONSE
#13
Apr 03, 2026
MOTION to File First Amended Petition for Writ of Habeas Corpus and PROPOSED ORDER by Irbis Monrroy. (Attachments: # 1 Proposed First Amended Petition with Proposed Order, # 2 Memorandum of Points & Authorities in Support of First Amended Petition, # 3 Exhibits in Support of First Amended Petition) (Karowsky, Jan) Modified on 4/6/2026 (KLY). (Entered: 04/03/2026)
Main Document: MOTION
#14
Apr 14, 2026
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/14/2026 GRANTING petitioner's 13 motion to file an amended petition and the First Amended Petition, lodged with the Court, is deemed filed as this date of this order. Respondents response to the First Amended Petition shall be filed within 7 days of the date of this order. (Deputy Clerk KLY) (Entered: 04/14/2026)
Main Document: Order on Motion to Amend the Complaint
#15
Apr 21, 2026
ANSWER (Opposition) to 13 First Amended Petition for Writ of Habeas Corpus by Warden. (Andrews, Anthony) Modified on 4/23/2026 (KS). (Entered: 04/21/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#16
Apr 22, 2026
TRAVERSE/REPLY by Irbis Monrroy. (Attachments: # 1 Supplemental Exhibits) (Karowsky, Jan) Modified on 4/30/2026 (KS). (Entered: 04/22/2026)
Main Document: Reply to Response to Motion
#17
Jul 18, 2026
SUPPLEMENT to 13 -1 First Amended Petition for Writ of Habeas Corpus by Irbis Monrroy. (Attachments: # 1 Motion for Leave, # 2 Proposed Order) (Karowsky, Jan) Modified on 7/21/2026 (KS). (Entered: 07/18/2026)
Main Document: SUPPLEMENT
#18
Jul 30, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/30/2026 RECOMMENDING that Petitioner's amended petition for writ of habeas corpus 13 -1) be GRANTED as follows: Respondent be ORDERED to provide Petitioner Irbis Monrroy (A-215-557-446), within seven (7) days, a bond hearing before an Immigration Judge at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety; and If Respondent fails to provide Petitioner a bond hearing within seven (7) days, Petitioner shall be immediately released from Respondent's custody; ) Petitioner's request for attorney fees and costs be denied without prejudice to bringing a properly noticed and supported motion; The Clerk of Court be directed to serve the District Court's order on the Golden State Annex; and Judgment be entered in favor of petitioner and the Clerk be directed to close the case. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley; Objections to these F&Rs due within seven days. (Deputy Clerk LMS) (Entered: 07/30/2026)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Proceed In Forma Pauperis
#19
Aug 14, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 18 by Respondent Warden. (Andrews, Anthony) (Entered: 08/14/2026)
Main Document: Objections to Findings and Recommendations
#20
Aug 17, 2026
RESPONSE by Irbis Monrroy to 19 Objections to Findings and Recommendations. (Karowsky, Jan) (Entered: 08/17/2026)
Main Document: RESPONSE
#21
Sep 09, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 9/8/2026 ADOPTING IN FULL the 18 findings and recommendations filed 7/30/2026, and GRANTING Petitioner's ( 13 -1) amended petition for writ of habeas corpus. Respondents are ENJOINED from continuing to detain Petitioner Irbis M. (A# 215-557-446), while subject to 8 U.S.C. § 1226, for more than 7 days from the date of this Order (unless Petitioner seeks additional time to prepare) without a bond hearing before a neutral factfinder at which the government bears the burden to establish by clear and convincing evidence that Petitioner's detention is justified due to danger to the public or flight risk. The factfinder must consider Petitioner's financial circumstances for bond and alternative conditions of release. At any such hearing, Petitioner shall be allowed to have counsel present. If the government fails to meet its burden, Respondents must immediately release Petitioner. Respondents may impose any restrictions or conditions determined to be necessary by the factfinder at the hearing. Within 2 court days from the date of the bond hearing, Respondents must file a notice of compliance with this provision of the Court's Order confirming that the hearing occurred, the date of the hearing, the outcome of the hearing, and Petitioner's custody status. If Petitioner is released, Respondents are further ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226, absent compliance with constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. The parties are advised that any further challenges related to Petitioner's current detention should be filed in this case, using the aforementioned case number (Case No. 1:26-cv-02092-TLN-EFB). Petitioner's request for attorney fees and costs is denied without prejudice to bringing a properly noticed and supported motion. The Clerk of Court is directed to enter judgment in favor of Petitioner and close the case. CASE CLOSED. (Deputy Clerk KLY) (Entered: 09/09/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#22
Sep 09, 2026
JUDGMENT dated *9/9/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 9/8/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 09/09/2026)
Main Document: Judgment
#23
Sep 16, 2026
NOTICE OF COMPLIANCE with 21 Order by Warden. (Andrews, Anthony) Modified on 9/17/2026 (KS). (Entered: 09/16/2026)
Main Document: Notice of Compliance
#24
Sep 28, 2026
MOTION to ENFORCE JUDGMENT by Irbis Monrroy. (Karowsky, Jan) Modified on 9/29/2026 (HAH). (Entered: 09/28/2026)
Main Document: Enforce Judgment
#25
Oct 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/15/2026: Petitioner's Motion to Enforce Judgment (ECF No. 24 ) is hereby REFERRED to the assigned Magistrate Judge pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 10/15/2026)
Oct 15, 2026
Minute Order
#27
Oct 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Edmund F. Brennan on 10/16/2026: The Court is in receipt of Petitioner's Motion to Enforce Judgment. (ECF No. 24 .) Respondents shall file a response within 3 court days. The response must include a transcript or audio recording of Petitioner's September 15, 2026 bond hearing before the Adelanto Immigration Court. (Text Only Entry) (Deputy Clerk MCF) Modified to correct date of bond hearing on 10/16/2026 (MCF). (Entered: 10/16/2026)
Oct 16, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#28
Oct 21, 2026
OPPOSITION by Warden to 24 Motion to Enforce Judgment. (Andrews, Anthony) (Entered: 10/21/2026)
Main Document: Opposition to Motion
#29
Oct 21, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Warden re 28 . Date & Time 09/15/2026, Duration 00:31:07. File size [14.9 MB]. (Andrews, Anthony) (Entered: 10/21/2026)
Main Document: DIGITAL
#30
Oct 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Edmund F. Brennan on 10/22/2026: No later than three court days after the date of this Order, petitioner may serve and file a reply to respondent's Opposition to Motion to Enforce Judgement (ECF 28 ). If no reply is filed within that time, the court will consider the motion submitted. (Text Only Entry) (Deputy Clerk MCF) (Entered: 10/22/2026)
#31
Oct 22, 2026
REPLY by Irbis Monrroy to 28 Opposition to Motion to Enforce Order . (Karowsky, Jan) Modified on 10/23/2026 (KLY). (Entered: 10/22/2026)
Main Document: REPLY
Oct 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#32
Nov 09, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/9/2026 RECOMMENDING that the 24 Motion to Enforce Judgment be Denied. Referred to Judge Troy L. Nunley. Objections due within 7 days of service of these findings and recommendations. (Deputy Clerk RRB)
Main Document: Findings and Recommendations

Parties

(HC) Monrroy
Party
Warden
Party