Eastern District of California • 1:26-cv-04585

(HC) Martinez Regalado v. Warden, California City Correctional Center

Active

Case Information

Filed: June 15, 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: September 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 15, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Ivan Martinez Regalado. (Deputy Clerk AKP) (Entered: 06/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 15, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Ivan Martinez Regalado. (Deputy Clerk AKP) (Entered: 06/17/2026)
Main Document: In Forma Pauperis
#3
Jun 17, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/17/2026)
Main Document: Immigration New Case Documents
#4
Jun 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, California City Correctional Center (Davis, Sean) (Entered: 06/17/2026)
Main Document: DESIGNATION
Jun 17, 2026
Service by Mail
Jun 17, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Ivan Martinez Regalado. (Deputy Clerk AKP)
#5
Jun 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 06/22/2026. Petitioner, a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, along with a motion to proceed in forma pauperis. ECF Nos. 1, 2 . Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. The petition, liberally construed, asserts two violations of petitioner's due process rights: one based on prolonged detention and another based on revocation of his release. Respondents are directed to respond to the petition within 14 days from the date of this order. Respondents shall substantively address whether there are any factual or legal issues that materially distinguish this case from Pham v. Warden, No. 1:25-cv-01873-DC-AC (HC), 2026 WL 849861 (ED CA March 27, 2026); Osorto-Coello v. Warden of California City Detention Facility, No. 1:26-cv-3231 DC AC, 2026 WL 1470603 (E.D. CA May 26, 2026) and other similar cases previously decided by this court. Any response must include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants or notices, and, if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days after being served a copy of respondent's response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 06/22/2026)
Jun 22, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Jun 22, 2026
SERVICE BY MAIL: 5 Minute Order served on Ivan Martinez Regalado. (Deputy Clerk JAA)
Jun 22, 2026
Service by Mail
#6
Jul 06, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus filed by Warden, California City Correctional Center. (Attachments: # 1 Exhibit Removal Order, # 2 Exhibit OSUP Revocation, # 3 Proof of Service)(Davis, Sean) (Docket Text Modified on 7/7/2026 by CRS.) (Entered: 07/06/2026)
Main Document: RESPONSE
#7
Jul 07, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/07/2026. In light of the complexity of the legal issues involved and in the interest of justice, the court appoints counsel sua sponte. The Federal Defender is directed to identify counsel to represent petitioner. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the undersigned's courtroom deputy Jonathan Anderson at janderson@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). Within 7 days of adding counsel for petitioner, petitioner's counsel shall file an amended petition. (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/07/2026)
Jul 07, 2026
Minute Order
Jul 07, 2026
Service by Mail
Jul 07, 2026
SERVICE BY MAIL: 7 Minute Order served on Ivan Martinez Regalado. (Deputy Clerk JAA)
#8
Jul 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/13/2026. The court has been notified of counsel's contact information, pursuant to the 7 Minute Order. Attorney, Roger H. Ponce is hereby appointed as CJA counsel for petitioner as permitted in General Order 582, Section X(C) on an ad hoc basis in this matter, nunc pro tunc 07/13/2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/13/2026)
Jul 13, 2026
Minute Order
#9
Aug 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/06/2026. On July 7, 2026, the court ordered the Federal Defender to identify counsel to represent petitioner and that within 7 days of adding counsel for petitioner, petitioner's counsel file an amended petition. ECF No. 7. On July 13, 2026, counsel was added to represent petitioner. ECF No. 8. Counsel, however, has not filed an amended petition. Counsel is directed to file an amended petition or, if proceeding on the original petition, a reply to 6 respondents' response to the petition no later than August 11, 2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/06/2026)
Aug 06, 2026
Minute Order
#10
Aug 19, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/19/2026. On July 7, 2026, the court ordered the Federal Defender to identify counsel to represent petitioner and that within 7 days of adding counsel for petitioner, petitioner's counsel file an amended petition. ECF No. 7. On July 13, 2026, counsel was added to represent petitioner. ECF No. 8. Counsel, however, did not filed an amended petition. As such, on August 6, 2026, the court directed petitioner's counsel to file an amended petition or, if proceeding on the original petition, a reply to respondents' response to the petition no later than August 11, 2026. To date, however, petitioner's counsel has not complied with this directive. Accordingly, petitioner's counsel shall SHOW CAUSE why sanctions should not be imposed for failure to comply with the court's July 7 and August 6 minute orders by no later than August 26, 2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/19/2026)
Aug 19, 2026
Minute Order
#11
Aug 26, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Ivan Martinez Regalado.(Ponce, Roger) (Entered: 08/26/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#12
Aug 26, 2026
RESPONSE to 10 ORDER to SHOW CAUSE by Ivan Martinez Regalado. (Ponce, Roger) (Entered: 08/26/2026)
Main Document: RESPONSE
#13
Aug 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden, California City Correctional Center, attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 08/27/2026)
Main Document: DESIGNATION
#14
Sep 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/02/2026. In light of petitioner's response to this court's 10 order to show cause and the filing of 11 an amended petition, the Order to Show Cause 10 is DISCHARGED. The court has reviewed the amended petition, which asserts that the revocation of petitioner's release, his prolonged detention without a bond hearing, and the lack of a significant likelihood of his removal in the reasonably foreseeable future violate his due process rights under the Fifth Amendment Due Process Clause and 8 U.S.C. § 1231(a)(6). ECF No. 11 at 8-12. This court has previously addressed these issues in Pham v. Warden, No. 1:25-cv-01873-DC-AC (HC), 2026 WL 849861 (ED CA March 27, 2026), J.R.M.J. v. Wofford, No. 1:25-cv-1567 DC SCR, 2026 WL 1948264 (E.D. Cal. July 6, 2026), and Huang v. Albarran, 818 F. Supp. 3d 1154 (E.D. Cal. 2026). Because petitioner may be entitled to relief, respondent is directed to respond to the petition within 7 days from the date of this order, see 28 U.S.C. § 2243, which shall substantively address whether there are any factual or legal issues that materially distinguish this case from Pham, J.R.M.J., Huang, and other similar cases previously decided by this court. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. Any response must include any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days after being served a copy of respondent's response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/02/2026)
Sep 02, 2026
Minute Order
#15
Sep 09, 2026
RESPONSE by Warden, California City Correctional Center to 11 Amended Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Soto-Perez, Gabriel) (Entered: 09/09/2026)
Main Document: RESPONSE

Parties

(HC) Regalado
Party
Warden, California City Correctional Center
Party