Central District of California • 5:26-cv-04410

Dary Duarte-Montoyaet al v. Mullin

Active

Case Information

Filed: August 05, 2026
Assigned to: Angela C. C. Viramontes
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: September 10, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 05, 2026
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-42977168 for $5 filing fee, filed by PETITIONER DARY DUARTE-MONTOYA. (Attachments: # 1 Supplement) (Attorney Carlos R Barrios added to party DARY DUARTE-MONTOYA(pty:pet))(Barrios, Carlos) (Entered: 08/05/2026)
Main Document: Petition for Writ of Habeas Corpus (Attorney Civil Case Opening)
#2
Aug 05, 2026
CIVIL COVER SHEET filed by Petitioner DARY DUARTE-MONTOYA. (Barrios, Carlos) (Entered: 08/05/2026)
Main Document: Civil Cover Sheet (CV-71)
#3
Aug 05, 2026
The Petitioner has voluntarily consented to have a Magistrate Judge conduct all further proceedings in this case, including trial and entry of judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aus) TEXT ONLY ENTRY (Entered: 08/05/2026)
#4
Aug 05, 2026
Notice of General Order 26-05 and Briefing Schedule. (aus) (Entered: 08/05/2026)
Main Document: Notice (Scheduling Order 2241) - optional html form
#5
Aug 05, 2026
NOTICE OF ASSIGNMENT to a U.S. Magistrate Judge. This case has been assigned to Magistrate Judge Angela C. C. Viramontes. (aus) (Entered: 08/05/2026)
Main Document: Notice of Assignment to U.S. Magistrate Judge CV-25B optional html form
Aug 05, 2026
2241 Initial Case Assignment Consent or Declination
#6
Aug 10, 2026
This action has been fully consented to according to General Order 26-05. The case will proceed before a magistrate judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 08/10/2026)
Aug 10, 2026
Immigration 2241 Full Consent
#7
Aug 12, 2026
NOTICE OF APPEARANCE of Assistant United States Attorney Randy Hsieh on behalf of Respondents Markwayne Mullin, Jaime Rios, Rodney S Scott, Eddy Wang, Warden. (Attorney Randy Hsieh added to party Markwayne Mullin(pty:res), Attorney Randy Hsieh added to party Jaime Rios(pty:res), Attorney Randy Hsieh added to party Rodney S Scott(pty:res), Attorney Randy Hsieh added to party Eddy Wang(pty:res), Attorney Randy Hsieh added to party Warden(pty:res))(Hsieh, Randy) (Entered: 08/12/2026)
Main Document: Attorney Appearance or Reassignment for the USA
#8
Aug 12, 2026
ANSWER to Petition for Writ of Habeas Corpus, 1 filed by Respondents Markwayne Mullin, Jaime Rios, Rodney S Scott, Eddy Wang, Warden. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hsieh, Randy) (Entered: 08/12/2026)
Main Document: Answer to Complaint
#9
Aug 13, 2026
First NOTICE OF MOTION AND MOTION to hold case in abeyance pending WRIT OF HABEAS filed by PETITIONER Dary Duarte-Montoya. (Barrios, Carlos) (Entered: 08/13/2026)
Main Document: Abeyance
#10
Aug 13, 2026
Notice OF INTENDED TRANSFER filed by Respondents Markwayne Mullin, Jaime Rios, Rodney S Scott, Eddy Wang, Warden. (Attachments: # 1 Exhibit A)(Hsieh, Randy) (Entered: 08/13/2026)
Main Document: Notice (Other)
#11
Aug 13, 2026
NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: First NOTICE OF MOTION AND MOTION to hold case in abeyance pending WRIT OF HABEAS 9 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Other error(s) with document(s): Proposed Order needs to also be emailed to the Judge's chambers. (dc) (Entered: 08/13/2026)
Main Document: Deficiency in Filed Documents (G-112A) - optional html form
#12
Aug 14, 2026
First EX PARTE APPLICATION for Temporary Restraining Order as to INTENT TO REMOVE (HABEAS) filed by PETITIONER Dary Duarte-Montoya. (Attachments: # 1 Declaration, # 2 Proposed Order) (Barrios, Carlos) (Entered: 08/14/2026)
Main Document: Temporary Restraining Order
#13
Aug 14, 2026
REPLY filed by Petitioner Dary Duarte-Montoya to Notice (Other) 10 INTENT TO TRANSFER (Barrios, Carlos) (Entered: 08/14/2026)
Main Document: Reply
#14
Aug 14, 2026
Second NOTICE OF MOTION AND MOTION to hold case in abeyance pending WRIT OF HABEAS AS AMENDED filed by PETITIONER Dary Duarte-Montoya. (Attachments: # 1 Proposed Order) (Barrios, Carlos) (Entered: 08/14/2026)
Main Document: Abeyance
#15
Aug 14, 2026
MINUTES (IN CHAMBERS): ORDER RE ADMINISTRATIVE STAY AND SETTING STATUS CONFERENCE FOR AUGUST 17, 2026 AT 1:30 P.M. by Magistrate Judge Angela C. C. Viramontes: finding as moot 9 MOTION for Abeyance; finding as moot 12 MOTION for TRO; finding as moot 14 MOTION for Abeyance. The status conference is set for August 17, 2026, at 1:30 p.m., to be held via Zoom. (SEE DOCUMENT FOR FURTHER DETAILS). (mrv) (Entered: 08/14/2026)
Main Document: Abeyance AND Abeyance AND Temporary Restraining Order
#16
Aug 14, 2026
TIME CHANGE SCHEDULING NOTICE by Magistrate Judge Angela C. C. Viramontes re: Order on Motion for Abeyance,, Order on Motion for Temporary Restraining Order, 15 previously scheduled for 08/17/2026 1:30 PM has been rescheduled. Zoom Video Status Conference set for 8/17/2026 s now at 04:00 PM before Magistrate Judge Angela C. C. Viramontes. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 08/14/2026)
Aug 14, 2026
Text Only Scheduling Notice
#17
Aug 17, 2026
MINUTES OF Status Conference held before Magistrate Judge Angela C. C. Viramontes: Case called for a status conference. Attorney Carlos Barrios appeared on behalf Petitioner. Assistant United States Attorney Randy Hsieh appeared on behalf of Respondents. As stated on the record, counsel for Petitioner informed the Court that Petitioner is eligible for an immigration bond hearing and anticipates having a bond hearing before an immigration judge within a few days to a week. Counsel for Respondents informed the Court that he has already requested an immigration bond hearing for Petitioner, and the hearing may have taken place this morning. The Court directed the parties to meet and confer regarding whether a bond hearing occurred before an Immigration Judge, and if so, was Petitioner sufficiently prepared given the fast scheduling, or whether an immigration bond hearing is to be scheduled. The parties shall file a status report no later than close of business on Friday, August 21, 2026, advising the Court as to the status of the immigration bond hearing.Time: 5 Mins. CRD: D. Castellanos Court Recorder: CS RS No. 4. <No Attachments> (dc) (Entered: 08/18/2026)
Aug 18, 2026
Status Conference - optional html form
#18
Aug 21, 2026
STATUS REPORT re: Bond Hearing filed by Respondents Markwayne Mullin, Jaime Rios, Rodney S Scott, Eddy Wang, Warden. (Hsieh, Randy) (Entered: 08/21/2026)
Main Document: Status Report
#19
Aug 24, 2026
SECOND JOINT STATUS REPORT filed by Respondents Markwayne Mullin, Jaime Rios, Rodney S Scott, Eddy Wang, Warden. (Hsieh, Randy) (Entered: 08/24/2026)
Main Document: Report
#20
Sep 09, 2026
Supplement
Main Document: Supplement
Sep 10, 2026
Text Only Scheduling Notice
Sep 10, 2026
Generic Text Only Entry

Parties

Dary Duarte-Montoyaet al
Party
Mullin
Party