Eastern District of California • 1:26-cv-02998
(HC) Martinez v. Warden
Completed
Case Information
Filed: April 21, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 13, 2026
Last Activity:
July 13, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 21, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Juan Antonio Martinez. (Deputy Clerk OML) (Entered: 04/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 21, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Juan Antonio Martinez. (Deputy Clerk OML) (Entered: 04/23/2026)
Main Document:
In Forma Pauperis
#3
Apr 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Antonio Martinez. (Deputy Clerk OML) (Entered: 04/23/2026)
Main Document:
Temporary Restraining Order
#4
Apr 21, 2026
MOTION for APPOINTMENT of COUNSEL by Juan Antonio Martinez. (Deputy Clerk OML) (Entered: 04/23/2026)
Main Document:
Appoint Counsel
#5
Apr 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/29/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/23/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#6
Apr 23, 2026
MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/23/2026: Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 3 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Counsel for respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM Monday, 4/27/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondent is DIRECTED to indicate in its opposition whether it opposes converting the motion for temporary restraining order into a motion for preliminary injunction and whether it opposes the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (cc: Golden State) (Deputy Clerk MCF) (Entered: 04/23/2026)
#8
Apr 23, 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: 04/23/2026)
Main Document:
CONSENT/DECLINE
Apr 23, 2026
Service by Mail
Apr 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 23, 2026
SERVICE BY MAIL: 6 Minute Order served on Juan Antonio Martinez. (Deputy Clerk MCF)
Apr 23, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Juan Antonio Martinez. (Deputy Clerk OML)
#9
Apr 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden. Attorney Audrey Benison Hemesath, GOVT terminated. (Yu, Jonathan) (Entered: 04/24/2026)
Main Document:
DESIGNATION
#10
Apr 26, 2026
RESPONSE to 6 Minute Order, OPPOSITION to 3 Motion for Temporary Restraining Order and ANSWER to 1 Petition for Writ of Habeas Corpus by Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) Modified on 5/1/2026 (HAH). (Entered: 04/26/2026)
Main Document:
RESPONSE
#11
Apr 29, 2026
MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/29/2026: On 4/21/2026, petitioner, proceeding pro se, filed a petition for writ of habeas corpus (Doc. No. 1 ) and a motion for temporary restraining order (Doc. No. 3 ). Petitioner argues that his detention absent a bond hearing violates due process. (Doc. No. 1 at 6.) On 4/26/2026, respondents filed an opposition to petitioner's motion for temporary restraining order, in which they argue that petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c)(1) because he has been convicted of multiple crimes of moral turpitude since he was granted asylum in 2016. (Doc. No. 10 at 4.) Respondents also argue that petitioner's motion should be denied because he has not exhausted his administrative remedies. (Id. at 4-5.) The court finds analogous and persuasive, and incorporates herein, its prior analysis in Buckley, v. Chestnut, et al., No. 1:26-cv-02624-DAD-JDP, 2026 WL 1030931, at * 2-4 (E.D. Cal. Apr. 16, 2026), where the court declined to waive the prudential exhaustion requirements because petitioner's appeal of his Matter of Jospeh hearing was pending. Because petitioner has not exhausted his administrative remedies by requesting a Matter of Joseph hearing, petitioner's motion for temporary restraining order (Doc. No. 3 ) is DENIED. The petition for habeas corpus (Doc. No. 1 ) is REFERRED to Magistrate Judge Chi Soo Kim for further proceedings. (Deputy Clerk MCF) (Entered: 04/29/2026)
Apr 29, 2026
Minute Order AND Order on Motion for TRO
Apr 29, 2026
Service by Mail
Apr 29, 2026
SERVICE BY MAIL: 11 Minute Order served on Juan Antonio Martinez. (Deputy Clerk MCF)
#12
May 04, 2026
Order on Motion to Proceed In Forma Pauperis
May 04, 2026
Service by Mail
May 04, 2026
SERVICE BY MAIL: 12 Order served on Juan Antonio Martinez. (Deputy Clerk LMS)
#13
May 19, 2026
Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
May 19, 2026
Service by Mail
May 19, 2026
SERVICE BY MAIL: 13 Order and Findings and Recommendations served on Juan Antonio Martinez. (Deputy Clerk KS)
#14
Jun 08, 2026
OBJECTIONS to 13 Findings and Recommendations by Petitioner Juan Antonio Martinez. (Deputy Clerk VLC) (Entered: 06/09/2026)
Main Document:
OBJECTIONS
#15
Jul 13, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations
Main Document:
Findings and Recommendations AND Order Adopting Findings and Recommendations
#16
Jul 13, 2026
Judgment
Main Document:
Judgment
Jul 13, 2026
Service by Mail
Jul 13, 2026
SERVICE BY MAIL: 16 Judgment and 15 Order Adopting Findings and Recommendations served on Juan Antonio Martinez. (Deputy Clerk VLC)
Parties
(HC) Martinez
Party
Warden
Party