Northern District of California • 5:26-cv-08711

Montoya Garcia v. Albarran

Active

Case Information

Filed: August 20, 2026
Assigned to: Noel Wise
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: November 05, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 20, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number BCANDC-22362969.). Filed by Judith Montoya Garcia. (Attachments: # 1 Civil Cover Sheet)(Yasrebi, Arash) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 20, 2026
MOTION for Temporary Restraining Order filed by Judith Montoya Garcia. (Attachments: # 1 Declaration)(Yasrebi, Arash) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Temporary Restraining Order
#3
Aug 20, 2026
Case assigned to District Judge Noel Wise. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (dso, COURT STAFF) (Filed on 8/20/2026) (Entered: 08/20/2026)
#4
Aug 20, 2026
AMENDED PETITION against Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin. Filed by Judith Montoya Garcia. (Yasrebi, Arash) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Amended Petition
#5
Aug 20, 2026
MOTION for Temporary Restraining Order filed by Judith Montoya Garcia. (Attachments: # 1 Declaration)(Yasrebi, Arash) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Temporary Restraining Order
#6
Aug 20, 2026
ORDER by Judge Noël Wise on August 20, 2026. The Court has reviewed the record in this action, including Petitioner's Second Amended Petition and corresponding Motion for Temporary Restraining Order ("TRO"). ECF Nos. 1, 2, 4, 5. The name on the Petition and Amended Petitioner, does not match the name on the TRO or second TRO. Compare ECF Nos. 1, 4 with ECF Nos. 2, 5. Moreover, the allegations of the Petition are directed to various of the Petitioners inconsistently. Compare ECF No. 4 at paragraphs 1-2 with id. at paragraph 15. If Petitioner wishes to proceed, she must immediately correct these discrepancies. SO ORDERED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nwlc3, COURT STAFF) (Filed on 8/20/2026) (Entered: 08/20/2026)
#7
Aug 20, 2026
AMENDED PETITION against Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin. Filed by Judith Montoya Garcia. (Yasrebi, Arash) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Amended Petition
#8
Aug 20, 2026
MOTION for Temporary Restraining Order filed by Judith Montoya Garcia. (Attachments: # 1 Declaration)(Yasrebi, Arash) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Temporary Restraining Order
#9
Aug 20, 2026
NOTICE of Appearance filed by Michael J. Starrett on behalf of Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin (Starrett, Michael) (Filed on 8/20/2026) (Entered: 08/20/2026)
#10
Aug 20, 2026
ORDER by Judge Noël Wise on August 20, 2026. The Court has reviewed the record in this action, including Petitioner's Second Amended Petition and corresponding Motion for Temporary Restraining Order ("TRO"). ECF Nos. 7, 8. The Court ORDERS: (1) The Government shall immediately release Petitioner in San Francisco today, August 20, 2026. (2) By no later than noon on August 21, 2026, the Government shall file a notice with the Court confirming the Government's compliance with this Order, including the time and location Petitioner was released. (3) Respondents shall file a response to the TRO by August 25, 2026. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, Petitioner's criminal history to the extent one exists, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. L.R. 230(c). Petitioner may file a reply by Augst 28, 2026. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. Counsel for Respondents shall promptly enter notices of appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nwlc3, COURT STAFF) (Filed on 8/20/2026) (Entered: 08/20/2026)
#11
Aug 20, 2026
ORDER by Judge Noël Wise on August 20, 2026. In light of Petitioner's Second Amended Petition and corresponding Motion for Temporary Restraining Order, ECF No. 8, Petitioner's first and second TROs, ECF Nos. 2 and 5 are administratively terminated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nwlc3, COURT STAFF) (Filed on 8/20/2026) (Entered: 08/20/2026)
#12
Aug 20, 2026
STATUS REPORT Re: Release Logistics by Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (Starrett, Michael) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document: Status Report
Aug 20, 2026
Order
Aug 20, 2026
~Util - Case Assigned by Intake
Aug 20, 2026
Electronic Filing Error
Aug 20, 2026
Electronic filing error. Petitioner Name on document does not match the docket. This filing will not be processed by the clerks office.Please re-file in its entirety. Re: 2 MOTION for Temporary Restraining Order filed by Judith Montoya Garcia (kxo, COURT STAFF) (Filed on 8/20/2026)
Aug 20, 2026
Electronic filing error.NOTICE TO COUNSEL: Arash Yasrebi. The docket shows a different address from what is appearing on the document ( Re: 1 Petition for Writ of Habeas Corpus filed by Judith Montoya Garcia). Please update your personal profile on ECF. Re: 1 Petition for Writ of Habeas Corpus filed by Judith Montoya Garcia (kxo, COURT STAFF) (Filed on 8/20/2026)
Aug 20, 2026
Electronic filing error. Petitioner name on the Docket and Caption page do not match the petitioner in the "Parties" Section in the complaint itself. Please file an Amended Complaint using the event: Civil Events > Initial Pleadings and Service > Complaints and Other Initiating Documents > Amended Complaint. Please re-file in its entirety. Re: 1 Petition for Writ of Habeas Corpus filed by Judith Montoya Garcia (kxo, COURT STAFF) (Filed on 8/20/2026)
Aug 20, 2026
Notice of Appearance/Substitution/Change/Withdrawal of Attorney
Aug 20, 2026
Order on Motion for TRO AND Order on Motion for TRO
#13
Aug 21, 2026
STATUS REPORT RE: RELEASE by Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (Starrett, Michael) (Filed on 8/21/2026) (Entered: 08/21/2026)
Main Document: Status Report
#14
Aug 25, 2026
Opposition/Response to Motion
Main Document: Opposition/Response to Motion
#15
Aug 28, 2026
Statement
Main Document: Statement
Sep 29, 2026
Clerk's Notice Setting Zoom Hearing
Sep 29, 2026
Order
#18
Oct 28, 2026
Supplemental Brief
Main Document: Supplemental Brief
#19
Nov 05, 2026
ORDER by Judge Noel Wise on November 5, 2026. On September 29, 2026, the Court ordered the parties to file supplemental briefing regarding the preliminary injunction request. ECF No. 16. Petitioner's deadline was October 14, 2026. Petitioner did not file a brief on the deadline, nor has Petitioner filed anything in this case since. On October 28, 2026, the government filed its supplemental brief, and indicated that Petitioner was granted voluntary departure from the United States and has not appealed that decision. ECF No. 18. Accordingly, the Court ORDERS the parties to show cause why this case should not be dismissed without prejudice due to the change in circumstances and Petitioner's failure to prosecute this case. The Court converts the November 13, 2026 preliminary injunction hearing into a hearing on the Order to Show Cause. If any party opposes the order to show cause, that party must file their objection in writing by November 10, 2026. The Order to Show Cause hearing will be held via videoconference on November 13, 2026, at 9:00 a.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nwlc1, COURT STAFF) (Filed on 11/5/2026) (Entered: 11/05/2026)
Nov 05, 2026
1 - Terminate Hearings AND Clerk's Notice Setting Zoom Hearing
Nov 05, 2026
Order

Parties

Albarran
Party
Montoya Garcia
Party