Eastern District of California • 1:26-cv-05407

(HC) Zuniga v. Warden

Active

Case Information

Filed: July 13, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 08, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Juan Manuel Zuniga. (Deputy Clerk DAR) (Entered: 07/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Juan Manuel Zuniga. (Deputy Clerk DAR) (Entered: 07/14/2026)
Main Document: In Forma Pauperis
#3
Jul 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Manuel Zuniga. (Deputy Clerk DAR) (Entered: 07/14/2026)
Main Document: Temporary Restraining Order
#4
Jul 13, 2026
MOTION to APPOINT COUNSEL by Juan Manuel Zuniga. (Deputy Clerk DAR) (Entered: 07/14/2026)
Main Document: Appoint Counsel
#5
Jul 14, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/14/2026)
Main Document: Immigration New Case Documents
#6
Jul 14, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 7/14/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. From these filings, it is unclear whether Petitioner has previously been released from immigration custody, or whether the challenged detention is Petitioner's first contact with immigration authorities. The Court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), and where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 7/16/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the applicable court's respective prior orders cited above. Petitioner may file a Reply by 7/30/2026. Finally, the court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Both parties shall address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk JRW) (Entered: 07/14/2026)
#7
Jul 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden (Davis, Sean) (Entered: 07/14/2026)
Main Document: DESIGNATION
Jul 14, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Juan Manuel Zuniga. (Deputy Clerk DAR)
Jul 14, 2026
Service by Mail
Jul 14, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 14, 2026
SERVICE BY MAIL: 6 Minute Order served on Juan Manuel Zuniga. (Deputy Clerk JRW)
#8
Jul 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Quinn Disparte, GOVT added for Warden. Attorney Sean Davis, GOVT terminated. (Disparte, Quinn) (Entered: 07/15/2026)
Main Document: DESIGNATION
#9
Jul 16, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and All Injunctive Relief by Warden. (Disparte, Quinn) Modified on 7/22/2026 (KS). (Entered: 07/16/2026)
Main Document: Opposition to Motion
#10
Aug 03, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/3/2026: In Respondents' 9 Opposition to Petitioner's 3 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's claim from those cited in the court's 6 Order by emphasizing that Petitioner entered the United States uninspected at an unknown time and location, and that immigration authorities encountered Petitioner for the first time "on the United States side of the U.S.--Mexico border." Thus, Respondents contend, Petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2) and has not established a liberty interest in living freely in the United States due to any extensive residence here. Respondents' Opposition, however, was filed before the Ninth Circuit issued its opinion in Rodriguez v. Bostock, 2026 WL 2196424, --- F.4th --- (9th Cir. July 30, 2026), wherein the court held that "aliens present without admission who are apprehended in the interior of the United States are subject to the detention regime of [8 U.S.C.] § 1226, not [8 U.S.C.] § 1225(b)(2)(A)." Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE by no later than 12:00 PM on 8/5/2026 as to what effect, if any, the Ninth Circuit's opinion in Rodriguez has on the statutory authority for Petitioner's continued immigration detention. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/03/2026)
Aug 03, 2026
Service by Mail
Aug 03, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 10, served on Juan Manuel Zuniga. (Text Only Entry) (Deputy Clerk CRS)
Aug 03, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Aug 05, 2026
RESPONSE to 10 ORDER to SHOW CAUSE by Warden. (Disparte, Quinn) (Entered: 08/05/2026)
Main Document: RESPONSE
#12
Aug 07, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/7/2026: In Respondents' 11 Response to the Court's 10 Order to Show Cause, Respondents acknowledge that following the Ninth Circuit's ruling in Rodriguez Vazquez v. Bostock, --- F.4th ---, 2026 WL 2196424 (9th Cir. July 30, 2026), 8 U.S.C. § 1226(a) governs Petitioner's immigration detention such that Petitioner is "entitled to seek a custody redetermination hearing before an immigration judge." While this court has previously found that due process entitles noncitizens who have resided in the United States for an extended period of time to immediate release where the Government has not provided them with a bond hearing, here Petitioner does not allege, and Respondents allege that they do not know, when Petitioner first entered the United States. Accordingly, the court FINDS that Petitioner's detention is governed by § 1226(a), and that the proper remedy for Respondents' failure to provide him with a bond hearing under that statute is a post-deprivation bond hearing. Thus, Petitioner's 3 Motion for a Temporary Restraining Order is GRANTED as follows: (1) Within fourteen (14) days, Respondents are ORDERED to provide Petitioner Juan Manuel Zuniga (A-222-589-649) a bond hearing before an Immigration Judge pursuant to 8 C.F.R. § 1236.1(c)(8) at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety; and (2) if Respondents fail to provide Petitioner a bond hearing within fourteen (14) days, Petitioner shall be immediately released from Respondents' custody. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/07/2026)
Aug 07, 2026
Service by Mail
Aug 07, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Aug 07, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 12, served on Juan Manuel Zuniga. (Text Only Entry) (Deputy Clerk CRS)
#13
Aug 11, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 08/11/26 GRANTING 2 Motion to Proceed IFP and ORDERING Petitioner's reply/traverse to respondents' answer, if any, is due within 14 days. Each party proceeding without counsel shall keep the court informed of the current address at all times, with any change of address reported by filing a "Notice of Change of Address" and served on other parties. (Deputy Clerk AJB) (Entered: 08/11/2026)
Main Document: Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Aug 11, 2026
SERVICE BY MAIL: 13 Order served on Juan Manuel Zuniga. (Deputy Clerk AJB)
Aug 11, 2026
Service by Mail
#14
Sep 08, 2026
REPLY by Juan Manuel Zuniga re 9 Opposition to Motion. (Deputy Clerk VLK) (Entered: 09/10/2026)
Main Document: REPLY