Central District of California • 5:26-cv-03223
Juan Carlos Lopez Montiel v. D. Marin
Completed
Case Information
Filed: June 11, 2026
Assigned to:
Autumn D. Spaeth
Referred to:
Autumn D. Spaeth
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: September 08, 2026
Last Activity:
September 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 11, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge R. Gary Klausner and referred to Magistrate Judge Autumn D Spaeth.(Filing fee $ 5:PAID), filed by petitioner Juan Carlos Lopez Montel. (ghap) (Entered: 06/11/2026)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#2
Jun 11, 2026
MEMORANDUM of Law In in Support of Petitioners Emergency Motion For Temporary Restraining Order and Preliminary Injunction filed by Petitioner Juan Carlos Lopez Montel. (ghap) (Entered: 06/11/2026)
Main Document:
Memorandum of Points and Authorities in Support
#3
Jun 11, 2026
MOTION for Appointment of Counsel Pursuant to 18 U.S. C. 3006A, filed by petitioner Juan Carlos Lopez Montel. (ghap) (Entered: 06/11/2026)
Main Document:
Appointment of Counsel
#4
Jun 11, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge R. Gary Klausner and referred to Magistrate Judge Autumn D. Spaeth, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (ghap) (Entered: 06/11/2026)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#5
Jun 11, 2026
Notice of General Order 26-05 and Briefing Schedule. (ghap) (Entered: 06/11/2026)
Main Document:
Notice (Scheduling Order 2241) - optional html form
#6
Jun 11, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (ghap) (Entered: 06/11/2026)
Main Document:
Notice of Resources for ProSe Litigants (CV-134) - optional html form
#7
Jun 12, 2026
IN CHAMBERS ORDERby Judge R. Gary Klausner: 2 .Order Re: Petitioner 's Ex Parte Application for Temporary Restraining Order 2 . Petitioner Juan Carlos Lopez Montel seeks the Court 's order that he be released from custody primarily because he claims violations of due process. The Court DENIES the Application (SEE DOCUMENT FOR ALL SPECIFICS AS DISCUSSED HEREIN). (lc) (Entered: 06/12/2026)
Main Document:
Minutes of In Chambers Order/Directive - no proceeding held
#8
Jun 16, 2026
ORDER REQUIRING RESPONSE AND LODGING OF RECORDS by Magistrate Judge Autumn D. Spaeth: 1. The parties shall comply with the briefing schedule set by the General Order 26-05. If the parties seek to accelerate or alter the briefing schedule set by General Order 26-05, the parties shall promptly meet and confer and file a stipulation or joint statement setting forth the parties' competing proposals for a briefing schedule. 2. Under General Order 26-05, applications for temporary restraining orders are reserved for cases where the petitioner alleges imminent, irreparable harm that cannot be addressed by the standard scheduling order or by expediting the briefing schedule. 3. The parties are ordered to file all documents necessary to the determination of the grounds asserted in the Petition. 4. All records provided to the Court should be properly authenticated by a declaration of a person competent to attest to their contents. 5. A request by a party for an extension of time will be granted only upon a showing of good cause and should be made in advance of the deadline. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. **See Order for full details** (Attachments: # 1 Petition) (kh) (Entered: 06/16/2026)
Main Document:
Order Requiring Return/Answer to Petition
#9
Jun 16, 2026
MINUTE ORDER (IN CHAMBERS) ORDER REFERRING CASE TO THE FEDERAL PUBLIC DEFENDER TO CONSIDER APPOINTMENT OF COUNSEL (Dkt. No. 3 ) by Magistrate Judge Autumn D. Spaeth: The Court REFERS this case to the FPD for consideration of appointment of counsel for Petitioner. The FPD is ORDERED to file a response within seven (7) days of this order, indicating whether the FPD will represent Petitioner in this matter, decline representation in this matter, or recommend appointment of CJA counsel. The Clerk of Court is DIRECTED to serve a copy of this order on the FPD. (kh) (Entered: 06/16/2026)
Main Document:
Minutes of In Chambers Order/Directive - no proceeding held
#10
Jun 18, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Elan S Levey counsel for Respondents Pamela Bondi, Thomas P. Giles, Todd Lyons, D. Marin, Markwayne Mullin. Adding Elan S. Levey as counsel of record for Pamela Bondi; Thomas P. Giles; Todd Lyons; D. Marin; Markwayne Mullin for the reason indicated in the G-123 Notice. Filed by Respondents Elan S. Levey. (Attorney Elan S Levey added to party Pamela Bondi(pty:res), Attorney Elan S Levey added to party Thomas P. Giles(pty:res), Attorney Elan S Levey added to party Todd Lyons(pty:res), Attorney Elan S Levey added to party D. Marin(pty:res), Attorney Elan S Levey added to party Markwayne Mullin(pty:res))(Levey, Elan) (Entered: 06/18/2026)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#11
Jun 18, 2026
RESPONSE filed by Respondents Pamela Bondi, Thomas P. Giles, Todd Lyons, D. Marin, Markwayne Mullinto Petition for Writ of Habeas Corpus (2241) 1 (Levey, Elan) (Entered: 06/18/2026)
Main Document:
Response
#12
Jun 23, 2026
MINUTE ORDER (IN CHAMBERS) ORDER REGARDING PROOF OF SERVICE by Magistrate Judge Autumn D. Spaeth: No proof of service of the Answer has been filed. Respondents are ordered to file a proof of service of the Answer by no later than June 25, 2026. (kh) (Entered: 06/23/2026)
Main Document:
Minutes of In Chambers Order/Directive - no proceeding held
#13
Jun 24, 2026
PROOF OF SERVICE filed by Respondents Pamela Bondi, Thomas P. Giles, Todd Lyons, D. Marin, Markwayne Mullin, re Response 11 served on 06/23/2026. (Levey, Elan) (Entered: 06/24/2026)
Main Document:
Proof of Service (subsequent documents)
#14
Jul 06, 2026
Notice re Appointment of Counsel filed by Non-Party Federal Public Defender. (Attachments: # 1 Proposed Order)(Aminoff, Jonathan) (Entered: 07/06/2026)
Main Document:
Notice (Other)
#15
Jul 07, 2026
Order Appointing Counsel by Magistrate Judge Autumn D. Spaeth: The Court appoints CJA attorney Mario Iskander as counsel for Petitioner. Mario Iskander shall file a notice of appearance in this case by no later than July 14, 2026. (kh) (Entered: 07/07/2026)
Main Document:
Appoint Counsel
#16
Jul 08, 2026
NOTICE of Appearance filed by attorney Mario Ashraf Iskander on behalf of Petitioner Juan Carlos Lopez Montel (Iskander, Mario) (Entered: 07/08/2026)
Main Document:
Appearance
#17
Jul 09, 2026
MINUTE ORDER (IN CHAMBERS) ORDER PERMITTING REPLY by Magistrate Judge Autumn D. Spaeth: On July 8, 2026, appointed counsel appeared on behalf of Petitioner. (Dkt. No. 16 .) In light of the appearance of counsel, the Court permits Petitioner to file a reply in support of the Petition by no later July 16, 2026. (kh) (Entered: 07/09/2026)
Main Document:
Minutes of In Chambers Order/Directive - no proceeding held
#18
Jul 14, 2026
TRAVERSE to Petition for Writ of Habeas Corpus (2241) 1 filed by Petitioner Juan Carlos Lopez Montel. (Iskander, Mario) (Entered: 07/14/2026)
Main Document:
Traverse
#19
Jul 24, 2026
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Autumn D. Spaeth. Objections to R&R due by 7/27/2026. (kh) (Entered: 07/24/2026)
Main Document:
Notice of Report and Recommendation
#20
Jul 24, 2026
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Autumn D. Spaeth re Petition for Writ of Habeas Corpus (2241) 1 . IT IS RECOMMENDED that the District Judge issue an Order: 1) accepting this Report and Recommendation; 2) granting the Petition; 3)ordering Respondents to immediately release Petitioner Juan Carlos Lopez Montel (A# 244-630-584);4) enjoining Respondents from re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, notice and an opportunity to be heard; and 5) directing Judgment be entered accordingly. An expedited objection period is appropriate here in light of the recommendation that Petitioner be granted relief. The parties shall file any objections to this R&R within three (3) days of the date of the R&R and shall not file a response to the other sides objections. (kh) (Entered: 07/24/2026)
Main Document:
Report and Recommendation (Issued)
#22
Aug 04, 2026
(IN CHAMBERS) Order Re: Writ of Habeas Corpus 1 by Judge R. Gary Klausner: The Petition is GRANTED. It is therefore ORDERED: (1)Respondents are enjoined from detaining Petitioner unless Respondents provide Petitioner (A-Number: 244-630-584) with a bond hearing within seven (7) days of this Order's issuance. (kh) (Entered: 09/08/2026)
#23
Aug 04, 2026
JUDGMENT by Judge R. Gary Klausner: IT IS HEREBY ADJUDGED that the petition under 28 U.S.C. § 2241 is granted. Respondents are enjoined from detaining Petitioner unless Respondents provide Petitioner (A# 244-630-584) with a bond hearing within seven (7) days of the Order's issuance. The Clerk shall enter judgment accordingly. (MD JS-6, Case Terminated). (Entered: 09/08/2026)
Main Document:
Judgment
#21
Sep 04, 2026
MOTION for Expedited Consideration of the Magistrate Judge's Report and Recommendation and Request for Prompt Ruling with Attached Declaration filed by Petitioner Juan Carlos Lopez Montiel. (hr) (Entered: 09/04/2026)
Main Document:
Expedite
#24
Sep 08, 2026
(IN CHAMBERS) ORDER by Judge R. Gary Klausner: The MOTION for Expedited Consideration of the Magistrate Judge's Report and Recommendation and Request for Prompt Ruling 21 is DENIED as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY (Entered: 09/08/2026)
Sep 08, 2026
Text Only Scheduling Notice
#25
Sep 15, 2026
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Carlos Juan Lopez Montiel. (hr) (Entered: 09/16/2026)
Main Document:
Consent to Proceed before US Magistrate Judge - NON-FINAL
#26
Sep 17, 2026
(IN CHAMBERS) ORDER by Judge R. Gary Klausner: The assigned District Judge approves the parties' consent to a Magistrate Judge. Accordingly, the case will be reassigned. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY (Entered: 09/17/2026)
#27
Sep 17, 2026
This action has been fully consented to according to General Order 26-05 and the District Judge has approved the parties' consent. This case is now reassigned to Magistrate Judge Autumn D. Spaeth for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aco) TEXT ONLY ENTRY (Entered: 09/17/2026)
Sep 17, 2026
Immigration 2241 Full Consent
Sep 17, 2026
District Judge Response to Immigration 2241 Consent
Parties
D. Marin
Party
Juan Carlos Lopez Montel
Party