Eastern District of California • 1:26-cv-06459

(HC) Garcia Ortiz v. Warden

Active

Case Information

Filed: August 13, 2026
Assigned to: Dale Alan Drozd
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: November 06, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 13, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella, Warden by Aaron Ariel Garcia Ortiz. (Filing fee $ 5, receipt number ACAEDC-13727138) (Attachments: # 1 Declaration of Aaron Ariel Garcia Ortiz, # 2 Civil Cover Sheet)(Olin, David) (Entered: 08/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 13, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/13/2026)
Main Document: Immigration New Case Documents
#3
Aug 13, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Sergio Albarran,Jonathan Williams, GOVT for Todd Blanche,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for David Venturella,Jonathan Williams, GOVT for Warden (Williams, Jonathan) (Entered: 08/13/2026)
Main Document: DESIGNATION
#4
Aug 14, 2026
"MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 8/14/2026. Parties must review this MINUTE ORDER Document, which is a scheduling order. Respondents are directed to file an answer or motion to dismiss within 7 days from the date of this order. In the answer or motion to dismiss, respondents shall identify petitioner's A number. Respondents are warned that the failure to respond to the petition will be interpreted as non-opposition to granting the relief requested in the habeas petition. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 7 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondent to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. (Deputy Clerk AW) (Entered: 08/14/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#5
Aug 22, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Williams, Jonathan) Modified on 8/26/2026 (KS). (Entered: 08/22/2026)
Main Document: ANSWER
#6
Aug 28, 2026
TRAVERSE by Aaron Ariel Garcia Ortiz. (Olin, David) (Entered: 08/28/2026)
Main Document: Traverse
#7
Sep 10, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 09/10/2026)
Main Document: CONSENT/DECLINE
#8
Sep 24, 2026
NOTICE of Supplemental Authority by Aaron Ariel Garcia Ortiz. (Attachments: # 1 Exhibit A)(Olin, David) (Entered: 09/24/2026)
Main Document: Notice (Other)
#9
Oct 01, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/1/2026 RECOMMENDING the 1 petition for writ of habeas corpus be granted as to claim two (procedural due process) and denied as to claim one (statutory); Respondent be ordered to provide petitioner with a bond hearing before an immigration judge/ neutral decisionmaker within 14 days of the adoption of these findings and recommendations where respondent bears the burden of establishing by clear and convincing evidence that petitioner poses a danger to the community or a risk of flight to justify continued detention; Respondent must provide notice to petitioner and if petitioner has counsel, also petitioner's counsel, with at least 7 days' notice before the bond hearing; If petitioner has counsel, petitioner shall be allowed to have counsel present at any such hearing; If a bond hearing is not held within 14 days, petitioner shall be immediately released; Because petitioner is proceeding pro se, respondent be further directed to file a status report within 7 days from the date of the bond hearing; and the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Judge Dale A. Drozd. Objections to F&R due within 7 days. (Deputy Clerk KLY) (Entered: 10/01/2026)
Main Document: Findings and Recommendations
#10
Oct 08, 2026
OBJECTIONS to 9 FINDINGS and RECOMMENDATIONS by All Respondents. (Williams, Jonathan) Modified on 10/15/2026 (KS). (Entered: 10/08/2026)
Main Document: Objections to Findings and Recommendations
#11
Oct 15, 2026
RESPONSE by Aaron Ariel Garcia Ortiz to 10 Objections to Findings and Recommendations. (Olin, David) (Entered: 10/15/2026)
Main Document: RESPONSE
#12
Nov 06, 2026
ORDER signed by District Judge Dale A. Drozd on 11/06/2026 ADOPTING the 9 Findings and Recommendations IN FULL and GRANTING-IN-PART Petitioner's 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to provide Petitioner Aaron Ariel Garcia Ortiz (A# 201-915-904) with a constitutionally adequate bond hearing within 14 days from the date of issuance of this order, absent a stipulation for another date by the parties. At that hearing, Respondents will have the burden of establishi ng that Petitioner is a danger or flight risk by clear and convincing evidence. Petitioner's request for immediate release is DENIED and Petitioner's request for attorneys' fees is DENIED without prejudice to renewal on a properly noticed and supported motion. CASE CLOSED. (Deputy Clerk KS)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#13
Nov 06, 2026
Judgment
Main Document: Judgment

Parties

(HC) Garcia Ortiz
Party
Warden
Party