Eastern District of California • 1:26-cv-06123

(HC) Vazquez Gaspar v. Andrews

Active

Case Information

Filed: August 03, 2026
Assigned to: Vince Chhabria
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 04, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 03, 2026
2241 PETITION for WRIT of HABEAS CORPUS against ICE/ERO, Markwayne Mullin, Todd Blanche, Tonya Andrews, David Venturella by Rodolfo Vazquez Gaspar. (Deputy Clerk SZ) (Entered: 08/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Rodolfo Vazquez Gaspar. (Deputy Clerk SZ) (Entered: 08/04/2026)
Main Document: In Forma Pauperis
#3
Aug 03, 2026
MOTION to APPOINT COUNSEL by Rodolfo Vazquez Gaspar. (Deputy Clerk SZ) (Entered: 08/04/2026)
Main Document: Appoint Counsel
#4
Aug 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rodolfo Vazquez Gaspar. (Deputy Clerk SZ) (Entered: 08/04/2026)
Main Document: Temporary Restraining Order
#5
Aug 04, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Rodolfo Vazquez Gaspar signed by District Judge Vince Chhabria on 08/04/2026. (Deputy Clerk SZ) (Entered: 08/04/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Aug 04, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk EF) (Entered: 08/04/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#7
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Tonya Andrews,Shelley D. Weger, GOVT for Todd Blanche,Shelley D. Weger, GOVT for ICE/ERO,Shelley D. Weger, GOVT for Markwayne Mullin,Shelley D. Weger, GOVT for David Venturella (Weger, Shelley) (Entered: 08/04/2026)
Main Document: DESIGNATION
#8
Aug 04, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 8/4/2026: The Court is in receipt of Petitioner's Writ of Habeas Corpus ("Petition") and Motion for Temporary Restraining Order ("TRO"). The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the TRO. 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."); 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). Respondents to file a Response to the 1 Habeas Petition within 3 calendar days of this order. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, and Petitioner's criminal record to the extent one exists. Petitioner may file a reply within 9 calendar days of this order. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 08/04/2026)
Aug 04, 2026
SERVICE BY MAIL: 8 Minute Order served on Petitioner. (Thomas, Julia)
Aug 04, 2026
Service by Mail
Aug 04, 2026
Minute Order
Aug 04, 2026
SERVICE BY MAIL: 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 6 Immigration New Case Documents served on Rodolfo Vazquez Gaspar. (Deputy Clerk SZ)

Parties

Andrews
Party
(HC) Vazquez Gaspar
Party