Eastern District of California • 1:26-cv-06119
(HC) Ascanio Bautista v. Cruz
Completed
Case Information
Filed: August 03, 2026
Assigned to:
Dena M. Coggins
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Completed: September 14, 2026
Last Activity:
September 14, 2026
Parties:
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Docket Entries
#1
Aug 03, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Orestes Cruz, David Venturella, Central Valley Annex Warden by Luis Enrique Ascanio Bautista. (Filing fee $ 5, receipt number ACAEDC-13675346) (Ojeda, Bernal) (Entered: 08/03/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
CLERK'S NOTICE to Attorney Bernal Peter Ojeda re 1 Petition for Writ of Habeas Corpus: Under Local Rule 200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Deputy Clerk SSA) (Entered: 08/03/2026)
#3
Aug 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Sergio Albarran,Jonathan Williams, GOVT for Orestes Cruz,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for David Venturella (Williams, Jonathan) (Entered: 08/03/2026)
Main Document:
DESIGNATION
#4
Aug 03, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 08/03/2026)
Main Document:
Immigration New Case Documents
#5
Aug 05, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/5/2026: DIRECTING Respondents to SHOW CAUSE within 7 days why the Writ should not be granted. Petitioner may file a reply within 3 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the answer. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in release or that a travel document is obtained for petitioner that will result in imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 08/05/2026)
#6
Aug 12, 2026
REPLY by Sergio Albarran, Orestes Cruz, Markwayne Mullin, David Venturella re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A-DHS Records, # 2 Exhibit B-RAP Sheet)(Williams, Jonathan) (Entered: 08/12/2026)
Main Document:
REPLY
#7
Aug 13, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Luis Enrique Ascanio Bautista for attorney Stephen A. Pegnam to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13726307) (Ojeda, Bernal) (Entered: 08/13/2026)
Main Document:
Application for Pro Hac Vice and Proposed Order
#8
Aug 14, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/14/2026: In their response to the petition, Respondents provide evidence that Petitioner requested a custody redetermination hearing pursuant to 8 C.F.R. § 1236.1(d) on August 6, 2026. ECF No. 6 -1 at 8. Accordingly, Petitioner is ordered to show cause within seven days why this action should not be dismissed as moot. (Deputy Clerk SH) (Entered: 08/14/2026)
Aug 14, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#9
Aug 17, 2026
PRO HAC VICE ORDER signed by Magistrate Judge Sean C. Riordan on 8/17/2026 GRANTING 7 Application. Added attorney Stephen A. Pegnam, PHV for Luis Enrique Ascanio Bautista. The Pro Hac Vice Attorney is directed to request Pro Hac Vice access for the Eastern District of California through PACER. (Deputy Clerk LMS)
#10
Aug 21, 2026
RESPONSE to 8 ORDER to SHOW CAUSE by Luis Enrique Ascanio Bautista. (Ojeda, Bernal) (Entered: 08/21/2026)
Main Document:
RESPONSE
#11
Aug 22, 2026
MOTION for LEAVE to File Supplemental Declaration in Support of 10 Response to Order to Show Cause by Luis Enrique Ascanio Bautista. (Attachments: # 1 Declaration, # 2 Proposed Order) (Ojeda, Bernal) Modified on 8/27/2026 (KS). (Entered: 08/22/2026)
Main Document:
Miscellaneous Relief
#12
Aug 24, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/24/2026: Based on Petitioner's response (ECF No. 10 ), which states that Petitioner has not had a bond hearing, the order to show cause (ECF No. 8 ) is DISCHARGED. In addition, Petitioner stated that he intends to file a first amended petition. Petitioner is directed to file his first amended petition as soon as practicable, but no later than September 2, 2026. See Fed. R. Civ. P. 15(a)(1)(B). In the interim, the Court will take no further action on the original petition. Petitioner's request to file the declaration of counsel (ECF No. 11 ) is GRANTED. (Deputy Clerk SH) (Entered: 08/24/2026)
Aug 24, 2026
Minute Order AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - 1 Terminate Deadlines and Hearings
#13
Sep 02, 2026
MOTION for EXTENSION OF TIME until 9/9/2026 to Respond to 12 Minute Order by Luis Enrique Ascanio Bautista. (Ojeda, Bernal) Modified on 9/10/2026 (KS). (Entered: 09/02/2026)
Main Document:
Extension of Time
#14
Sep 03, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 9/3/2026: Petitioner's motion for seven-day extension of time (ECF No. 13 ) is GRANTED. For good cause, the Court extends the deadline for Petitioner to amend his petition as a matter of course. See Fed. R. Civ. P. 15(a)(1)(B); Fed. R. Civ. P. 6(b)(1)(A) ("When an act may or must be done within a specified time, the court may, for good cause, extend the time... with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires."). No later than September 9, 2026, Plaintiff may file an amended petition. Respondent shall file a response within seven days of the filing of the amended petition. (Deputy Clerk SH) (Entered: 09/03/2026)
Sep 03, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
Sep 10, 2026
MOTION to DISMISS by Luis Enrique Ascanio Bautista. (Ojeda, Bernal) (Entered: 09/10/2026)
Main Document:
Dismiss
#16
Sep 14, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 9/14/2026: Plaintiff's unopposed motion for voluntary dismissal (ECF No. 15 ) is GRANTED. This action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). See Rule 12, Rules Governing Habeas Corpus Cases Under Section 2254. CASE CLOSED. (Deputy Clerk SH) (Entered: 09/14/2026)
Sep 14, 2026
Minute Order AND Order on Motion to Dismiss AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Terminate Civil Case
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