Central District of California • 5:26-cv-02856

Luciano Da Cruz Monteiro v. James Janecka

Completed

Case Information

Filed: May 27, 2026
Assigned to: A. Joel Richlin
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: June 08, 2026
Last Activity: September 18, 2026
Parties: View All Parties →

Docket Entries

#1
May 27, 2026
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-42377110 for $5 filing fee, filed by Petitioner Luciano Da Cruz Monteiro. (Attorney Marcelo Gondim added to party Luciano Da Cruz Monteiro(pty:pet))(Gondim, Marcelo) (Entered: 05/27/2026)
Main Document: Petition for Writ of Habeas Corpus (Attorney Civil Case Opening)
#2
May 27, 2026
CIVIL COVER SHEET filed by Petitioner Luciano Da Cruz Monteiro. (Gondim, Marcelo) (Entered: 05/27/2026)
Main Document: Civil Cover Sheet (CV-71)
#3
May 27, 2026
The Petitioner has voluntarily consented to have a Magistrate Judge conduct all further proceedings in this case, including trial and entry of judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (car) TEXT ONLY ENTRY (Entered: 05/27/2026)
#4
May 27, 2026
NOTICE OF ASSIGNMENT to a U.S. Magistrate Judge. This case has been assigned to Magistrate Judge A. Joel Richlin. (car) (Entered: 05/27/2026)
Main Document: Notice of Assignment to U.S. Magistrate Judge CV-25B optional html form
#5
May 27, 2026
Notice of General Order 26-05 and Briefing Schedule. (car) (Entered: 05/27/2026)
Main Document: Notice (Scheduling Order 2241) - optional html form
#6
May 27, 2026
Text Only Entry by U.S. Magistrate Judge A. Joel Richlin: The Court is in receipt of Petitioner's Emergency Petition for Writ of Habeas Corpus and Emergency Motion for Temporary Restraining Order. (Dkt. 1.) In the Emergency Motion for Temporary Restraining Order, Petitioner seeks an order barring Respondents from transferring Petitioner from this district during the pendency of this action. (Dkt. 1 at 3.) The Court notes that under General Order 26-05, which applies to this case, Respondents must provide at least two court days' notice to the Petitioner, Petitioner's counsel, and the Court of their intent to remove Petitioner from this district. (Dkt. 5.) The Court has not received notice of any intent by Respondents to remove Petitioner from this district. The Court does not intend to rule on the Emergency Motion for Temporary Restraining Order unless and until the Court receives such notice. Should Respondents decide to remove Petitioner from this district, the Court directs Respondents to provide their response to the Emergency Motion for Temporary Restraining Order when they provide notice to Petitioner, Petitioners counsel, and the Court. This will allow the Court to rule on the Emergency Motion for Temporary Restraining Order prior to the noticed removal of Petitioner from this district. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (AJR) TEXT ONLY ENTRY (Entered: 05/27/2026)
May 27, 2026
Generic Text Only Entry
May 27, 2026
2241 Initial Case Assignment Consent or Declination
#7
May 29, 2026
This action has been fully consented to according to General Order 26-05. The case will proceed before a magistrate judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (asi) TEXT ONLY ENTRY (Entered: 06/01/2026)
Jun 01, 2026
Immigration 2241 Full Consent
#8
Jun 03, 2026
RESPONSE filed by Respondents Todd Blanche, Thomas Giles, James Janecka, Markwayne Mullin to Petition for Writ of Habeas Corpus, 1 (Attachments: # 1 Exhibit A)(Yang, Jasmin) (Entered: 06/03/2026)
Main Document: Response
#9
Jun 04, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Jasmin Yang counsel for Respondents Todd Blanche, Thomas Giles, James Janecka, Markwayne Mullin. Adding Jasmin Yang as counsel of record for Respondents for the reason indicated in the G-123 Notice. Filed by Respondents Respondents. (Attorney Jasmin Yang added to party Todd Blanche(pty:res), Attorney Jasmin Yang added to party Thomas Giles(pty:res), Attorney Jasmin Yang added to party James Janecka(pty:res), Attorney Jasmin Yang added to party Markwayne Mullin (pty:res))(Yang, Jasmin) (Entered: 06/04/2026)
Main Document: Notice of Appearance or Withdrawal of Counsel (G-123)
#10
Jun 08, 2026
MEMORANDUM DECISION AND ORDER GRANTING PETITION by Magistrate Judge A. Joel Richlin: re Petition for Writ of Habeas Corpus, 1 . The Court GRANTS the Petition as follows. Respondents shall either provide Petitioner Luciano Da Cruz Monteiro (A# 246-058-801) (identified in the DHS's database as Luciano Da Cruz Montenegro) an individualized bond hearing before a neutral Immigration Judge within seven (7) days or release Petitioner if such hearing is not timely provided. (SEE DOCUMENT FOR DETAILS) (sh) (Entered: 06/08/2026)
Main Document: Release Order re Immigration 2241
#11
Jun 08, 2026
JUDGMENT by Magistrate Judge A. Joel Richlin, Respondents shall either provide Petitioner Luciano Da Cruz Monteiro (A# 246-058-801)1 an individualized bond hearing before a neutral Immigration Judgewithin seven (7) days or release Petitioner if such hearing is not timely provided. Related to: MEMORANDUM DECISION AND ORDER GRANTING PETITION 10 (MD JS-6, Case Terminated). (sh) (Entered: 06/08/2026)
Main Document: Judgment
#12
Jun 15, 2026
STATUS REPORT filed by Respondents Todd Blanche, Thomas Giles, James Janecka, Markwayne Mullin. (Attachments: # 1 Exhibit A)(Yang, Jasmin) (Entered: 06/15/2026)
Main Document: Status Report
#13
Sep 08, 2026
NOTICE OF MOTION AND MOTION for Attorney Fees filed by Petitioner Luciano Da Cruz Monteiro. Motion set for hearing on 10/7/2026 at 01:30 PM before Magistrate Judge A. Joel Richlin. (Attachments: # 1 Declaration, # 2 Proposed Order) (Gondim, Marcelo) (Entered: 09/08/2026)
Main Document: Attorney Fees
#14
Sep 09, 2026
Text Only Entry by U.S. Magistrate Judge A. Joel Richlin: The Court is in receipt of Petitioner's Motion for Fees and Costs under the EAJA. (Dkt. 13.) The motion is supported by a declaration stating that Respondents agreed not to oppose such a motion seeking $5,000.00 or less. (Dkt. 13-1 at 5-6.) Petitioner represents that he has voluntarily reduced his request to meet the threshold proposed by Respondents. (Id.) The Court has reviewed the motion and advises that in the absence of an opposition from Respondents, the Court intends to grant the motion pursuant to Local Rule 7-12. Respondents shall have until September 16, 2026 to file an opposition. In the absence of an opposition filed by September 16, 2026, the Court will understand that Respondents do not oppose the motion. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (AJR) TEXT ONLY ENTRY (Entered: 09/09/2026)
Sep 09, 2026
Generic Text Only Entry
#15
Sep 18, 2026
ORDER GRANTING PETITIONER'S UNOPPOSED MOTION FOR ATTORNEY'S FEES AND EXPENSES UNDER THE EQUAL ACCESS TO JUSTICE ACT by Magistrate Judge A. Joel Richlin. Accordingly, IT IS HEREBY ORDERED that: (1.) Petitioner's Unopposed Motion for Attorney's Fees and Expenses under the Equal Access to Justice Act is GRANTED. (2.) Petitioner is awarded attorney's fees in the amount of $4,994.60. (3.) Petitioner is awarded expenses in the amount of $5.40. (4.) The total EAJA award of $5,000.00 shall be paid by the United States in accordance with 28 U.S.C. section 2412, subject to any offset required by law under Astrue v. Ratliff, 560 U.S. 586 (2010). (5.) If the United States determines that Petitioner owes no federal debt subject to offset and waives the requirements of the Anti-Assignment Act, 31 U.S.C. section 3727, payment shall be delivered to Gondim Law Corp. as assignee. Otherwise, payment shall be made payable to Petitioner and delivered to counsel of record. [SEE ORDER FOR DETAILS.] IT IS SO ORDERED. (nth) (Entered: 09/18/2026)
Main Document: Attorney Fees

Parties

James Janecka
Party
Luciano Da Cruz Monteiro
Party