Eastern District of California • 1:26-cv-05327

(HC) Alvarez Mendoza v. Warden of Mesa Verde Detention Center

Active

Case Information

Filed: July 10, 2026
Assigned to: Edward J. Davila
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 10, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of Mesa Verde Detention Center by Juan Miguel Alvarez Mendoza. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk EF) (Entered: 07/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Miguel Alvarez Mendoza. (Deputy Clerk EF) (Entered: 07/13/2026)
Main Document: Temporary Restraining Order
#3
Jul 13, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Juan Miguel Alvarez Mendoza signed by District Judge Edward J Davila on 07/13/2026. (Deputy Clerk EF) (Entered: 07/13/2026)
Main Document: 05 - HC/Order Authorizing IFP
#4
Jul 13, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk EF) (Entered: 07/13/2026)
Main Document: Immigration New Case Documents for MJ as Presider
#5
Jul 13, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden of Mesa Verde Detention Center (Rodriguez, Elisa) (Entered: 07/13/2026)
Main Document: DESIGNATION
#6
Jul 14, 2026
MINUTE ORDER signed by District Judge Edward J Davila on 7/14/2026: Petitioner, a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 together with a motion for temporary restraining order. Rule 4 of the Habeas Rules Governing Section 2254 Cases requires the court to summarily dismiss a habeas petition "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court." See Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 (allowing a district court to apply any or all of the rules to other types of habeas corpus petitions including § 2241 petitions). In this case, petitioner used a form petition alleging that his "[c]onviction [was] obtained by use of evidence obtained pursuant to an unlawful arrest." Dkt No. 1 at 4. Petitioner does not specify whether this conviction was related to his immigration proceedings or is an unrelated criminal conviction. Additionally, no facts are provided to support Petitioner's claim that he has been denied due process and that his detention is unlawful. Because it is not clear that leave to amend would be futile, Petitioner will be given an opportunity to amend the petition. Petitioner shall file an amended petition by 7/27/2026. Additionally, Petitioner's motion for a temporary restraining order is denied as it does not state the relief requested. See Dkt. No. 2. Rather, it appears Petitioner has filed the templatized TRO checklist, without attaching the motion itself clarifying the relief he seeks and on what grounds. (Thomas, Julia) (Entered: 07/14/2026)
Jul 14, 2026
SERVICE BY MAIL: 6 Minute Order served on Petitioner. (Thomas, Julia)
Jul 14, 2026
Minute Order AND Order on Motion for TRO
Jul 14, 2026
Service by Mail
Jul 28, 2026
Minute Order
Jul 28, 2026
Service by Mail

Parties

(HC) Alvarez Mendoza
Party
Warden of Mesa Verde Detention Center
Party