Eastern District of California • 1:26-cv-05988
(HC) Cerpas Garcia v. Andrews
Active
Case Information
Filed: July 30, 2026
Assigned to:
Daniel J. Calabretta
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:
July 31, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 30, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Sergio Daniel Cerpas Garcia. (Deputy Clerk DAR) (Entered: 07/31/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 30, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Sergio Daniel Cerpas Garcia. (Deputy Clerk DAR) (Entered: 07/31/2026)
Main Document:
In Forma Pauperis
#3
Jul 30, 2026
MOTION to APPOINT COUNSEL by Sergio Daniel Cerpas Garcia. (Deputy Clerk DAR) (Entered: 07/31/2026)
Main Document:
Appoint Counsel
#4
Jul 30, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Sergio Daniel Cerpas Garcia. (Deputy Clerk DAR) (Entered: 07/31/2026)
Main Document:
Temporary Restraining Order
#5
Jul 31, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/31/2026)
Main Document:
Immigration New Case Documents
#6
Jul 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Tonya Andrews (Disparte, Quinn) (Entered: 07/31/2026)
Main Document:
DESIGNATION
#7
Jul 31, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/31/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 4 ). The issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. 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 4 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 August 5, 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: 07/31/2026)
Jul 31, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Sergio Daniel Cerpas Garcia. (Deputy Clerk DAR)
Jul 31, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 31, 2026
SERVICE BY MAIL: 7 Minute Order served on Sergio Daniel Cerpas Garcia. (Deputy Clerk GJM)
Jul 31, 2026
Service by Mail
Parties
Andrews
Party
(HC) Cerpas Garcia
Party