Eastern District of California • 1:26-cv-05962

(HC) Osornio Cruz v. Cruz

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Case Information

Filed: July 29, 2026
Assigned to: Troy Lynne Nunley
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: July 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 29, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Orestes Cruz, Executive Office for Immigration Review, Markwayne Mullin, David Venturella, Minga Wofford by Alfredo Osornio Cruz. (Filing fee $ 5, receipt number ACAEDC-13657093) (Attachments: # 1 Exhibit Exhibits in support of final brief, # 2 Civil Cover Sheet civil cover sheet)(Rios, George) (Entered: 07/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 29, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Alfredo Osornio Cruz. (Attachments: # 1 Points and Authorities MPA for TRO, # 2 Affidavit Affidavit of notice and irreparable harm, # 3 Proposed Order Proposed order for TRO, # 4 Exhibit TRO checklist)(Rios, George) (Entered: 07/29/2026)
Main Document: Temporary Restraining Order
#3
Jul 29, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/29/2026)
Main Document: Immigration New Case Documents
#4
Jul 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Todd Blanche,Jonathan Williams, GOVT for Orestes Cruz,Jonathan Williams, GOVT for Executive Office for Immigration Review,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for David Venturella,Jonathan Williams, GOVT for Minga Wofford (Rodriguez, Elisa) (Entered: 07/29/2026)
Main Document: DESIGNATION
#5
Jul 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 29, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claim that his detention violates the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 249-405-405) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents shall file a notice of compliance with this Order within two court days. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers within two court days. Petitioner may file a reply within three courts days thereafter. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court is directed to serve Golden State Annex Detention Facility with a copy of this Order. SO ORDERED. (TEXT ONLY ENTRY) (cc: Golden State Annex) (Deputy Clerk MDK) (Entered: 07/29/2026)
Jul 29, 2026
Minute Order AND Order on Motion for TRO
#6
Jul 30, 2026
RESPONSE by Todd Blanche, Orestes Cruz, Executive Office for Immigration Review, Markwayne Mullin, David Venturella, Minga Wofford to 1 Petition for Writ of Habeas Corpus,. (Williams, Jonathan) (Entered: 07/30/2026)
Main Document: RESPONSE
#7
Jul 30, 2026
NOTICE OF COMPLIANCE re 5 Minute Order,,,,,,,,,, Order on Motion for TRO,,,,,,,,, by Todd Blanche, Orestes Cruz, Executive Office for Immigration Review, Markwayne Mullin, David Venturella, Minga Wofford. (Williams, Jonathan) (Entered: 07/30/2026)
Main Document: Notice of Compliance
#8
Jul 30, 2026
CERTIFICATE / PROOF of SERVICE by Alfredo Osornio Cruz.. (Rios, George) (Entered: 07/30/2026)
Main Document: Certificate / Proof of Service

Parties

Cruz
Party
(HC) Osornio Cruz
Party