Eastern District of California • 1:26-cv-05737

(HC) Rodriguez Bustillo v. Andrews

Active

Case Information

Filed: July 23, 2026
Assigned to: Daniel J. Calabretta
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: August 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 23, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by David Leobaldo Rodriguez Bustillo. (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 23, 2026
MOTION to PROCEED IN FORMA PAUPERIS by David Leobaldo Rodriguez Bustillo. (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document: In Forma Pauperis
#3
Jul 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by David Leobaldo Rodriguez Bustillo. (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document: Temporary Restraining Order
#4
Jul 23, 2026
MOTION to APPOINT COUNSEL by David Leobaldo Rodriguez Bustillo. (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document: Appoint Counsel
#5
Jul 24, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document: Immigration New Case Documents
#6
Jul 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Tonya Andrews (Hemesath, Audrey) (Entered: 07/24/2026)
Main Document: DESIGNATION
#7
Jul 24, 2026
OPPOSITION by Respondent Tonya Andrews. (Attachments: # 1 I-213, # 2 RAP Sheet)(Hemesath, Audrey) (Entered: 07/24/2026)
Main Document: OPPOSITION
#8
Jul 24, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/24/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). The issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before July 28, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This 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 ORDER] (Deputy Clerk GJM) (Entered: 07/24/2026)
Jul 24, 2026
SERVICE BY MAIL: 8 Minute Order served on David Leobaldo Rodriguez Bustillo. (Deputy Clerk GJM)
Jul 24, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on David Leobaldo Rodriguez Bustillo. (Deputy Clerk DAR)
Jul 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 24, 2026
Service by Mail
#10
Aug 03, 2026
Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
#11
Aug 03, 2026
Judgment
Main Document: Judgment
Aug 03, 2026
Service by Mail

Parties

Andrews
Party
(HC) Rodriguez Bustillo
Party