Eastern District of California • 1:25-cv-01853

(HC) Cummins v. Becerra

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Case Information

Filed: December 15, 2025
Assigned to: Dena M. Coggins
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: September 11, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 15, 2025
PETITION for WRIT of HABEAS CORPUS against Daniel James Cummins by Daniel James Cummins. (Filing fee $ 5, receipt number ACAEDC-12672526) (Cummings, Robert) (Entered: 12/15/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Dec 15, 2025
CLERK'S NOTICE to Attorney Robert G. Cummings 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: 12/15/2025)
#3
Dec 15, 2025
MOTION for TEMPORARY RESTRAINING ORDER by Daniel James Cummins. (Attachments: # 1 Civil Cover Sheet)(Cummings, Robert) (Entered: 12/15/2025)
Main Document: Temporary Restraining Order
#4
Dec 15, 2025
EXHIBIT 1 by Daniel James Cummins re 3 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Cummings, Robert) (Entered: 12/15/2025)
Main Document: EXHIBIT
#5
Dec 15, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 1/20/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 12/15/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#6
Dec 15, 2025
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 12/15/2025: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 12/18/2025. Petitioner may file a Reply on or before 12/19/2025. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 12/15/2025)
Dec 15, 2025
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#7
Dec 18, 2025
DESIGNATION of COUNSEL FOR SERVICE. Attorney Brittany Gunter added for Moises Becerra, Eric Grant, Ron Murray, and Kristi Noem. (Gunter, Brittany) Modified on 12/19/2025 (KS). (Entered: 12/18/2025)
Main Document: DESIGNATION
#8
Dec 18, 2025
MOTION for 1-DAY EXTENSION OF TIME to File Opposition to 3 Motion for Temporary Restraining Order by Respondents. (Gunter, Brittany) Modified on 12/19/2025 (KS). (Entered: 12/18/2025)
Main Document: Extension of Time
#9
Dec 18, 2025
MINUTE ORDER issued on 12/18/2025 by the Courtroom Deputy for District Judge Dena M. Coggins: On 12/18/2025, Respondents filed a 8 Motion for an extension of time to file a response to the pending 3 Motion for a Temporary Restraining Order. Having considered that Motion and good cause appearing, the court GRANTS Respondents 8 Motion for an extension of time and ORDERS as follows: Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for a Temporary Restraining Order by 12:00 PM on 12/19/2025. Petitioner may file a Reply on or before 12/22/2025. (Text Only Entry) (Deputy Clerk CRS) (Entered: 12/18/2025)
Dec 18, 2025
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#10
Dec 19, 2025
OPPOSITION to 3 Motion for Temporary Restraining Order by Respondents. (Attachments: # 1 Decl. of Villagran) (Gunter, Brittany) Modified on 12/23/2025 (KS). (Entered: 12/19/2025)
Main Document: Opposition to Motion
#11
Dec 21, 2025
REPLY in Support of 3 Motion for Temporary Restraining Order by Daniel James Cummins. (Cummings, Robert) Modified on 1/5/2026 (KS). (Entered: 12/21/2025)
Main Document: REPLY
#12
Dec 23, 2025
ORDER signed by District Judge Dena M. Coggins on 12/23/2025 ORDERING that Petitioner's 3 Motion for Temporary Restraining Order is GRANTED IN PART as follows: Petitioner's request for immediate release is DENIED without prejudice; Respon dent must provide Petitioner with a constitutionally compliant bond hearing within fourteen (14) days of this Order; at that bond hearing, the Government bears the burden to justify, by clear and convincing evidence, Petitioner's continued detention while his asylum claim proceeds; and this matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Deputy Clerk CRS)
Main Document: Order AND Order on Motion for TRO
#13
Dec 26, 2025
MOTION to SHORTEN TIME for Bond Hearing by Daniel James Cummins. (Cummings, Robert) (Entered: 12/26/2025)
Main Document: Shorten Time
#14
Dec 29, 2025
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 12/29/2025: The court has reviewed Petitioner's 13 Motion to Shorten Time for the Bond Hearing required by the court's 12 Order granting in part Petitioner's 3 Motion for Temporary Restraining Order. Respondents are ORDERED to file an Opposition or Statement of Non-Opposition to the 13 Motion to Shorten Time for Bond Hearing by 12/30/2025 at 5:00 PM. (Text Only Entry) (Deputy Clerk CRS) (Entered: 12/29/2025)
Dec 29, 2025
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#15
Dec 30, 2025
EMERGENCY MOTION to ENFORCE and MODIFY Temporary Restraining Order for Immediate Release by Daniel James Cummins. (Cummings, Robert) Modified on 1/16/2026 (HAH). (Entered: 12/30/2025)
Main Document: Temporary Restraining Order
#16
Dec 30, 2025
OPPOSITION by Moises Becerra, Eric Grant, Ron Murray, Kristi Noem to 13 Motion to Shorten Time. (Gunter, Brittany) (Entered: 12/30/2025)
Main Document: Opposition to Motion
#17
Dec 31, 2025
MINUTE ORDER issued on 12/31/2025 by the Courtroom Deputy for District Judge Dena M. Coggins: On 12/23/2025, the court issued an 12 Order granting in part Petitioner's 3 Motion for Temporary Restraining Order and requiring Respondents to provide Petitioner with a constitutionally compliant bond hearing within fourteen days of the entry of that Order. On 12/26/2025, Petitioner filed a 13 Motion to Shorten Time for the bond hearing to be held on or before 12/30/2025. On 12/30/2025, Respondents filed an 16 Opposition to Petitioner's Motion to Shorten Time, emphasizing that Petitioners bond hearing has been scheduled for 1/2/2026, as expeditiously as feasible considering the immigration court is closed on federal holidays and weekends. The court finds that Respondents have complied with the court's 12 Order and there is no basis to shorten the time for a bond hearing any further. Accordingly, the court DENIES Petitioner's 13 Motion to Shorten Time for a bond hearing. (Text Only Entry) (Deputy Clerk CRS) (Entered: 12/31/2025)
#18
Dec 31, 2025
MINUTE ORDER issued on 12/31/2025 by the Courtroom Deputy for District Judge Dena M. Coggins: On 12/23/2025, the court issued an 12 Order granting in part Petitioner's 3 Motion for Temporary Restraining Order, denying Petitioner's request for immediate release, and requiring Respondents to provide Petitioner with a constitutionally compliant bond hearing within fourteen days of the entry of that Order. On 12/30/2025, Respondents confirmed Petitioner's 1/2/2026 bond hearing. On that same date, Petitioner filed the pending 15 Amended Motion for Temporary Restraining Order requesting that the court: (1) order Petitioner's immediate release from ICE custody, and/or (2) enjoin Respondents from conducting both the January 2 bond hearing and January 13, 2026 asylum hearing before an immigration judge, because Petitioner needs more time to prepare due to a serious medical condition. Petitioner cites no legal authority to support the relief he seeks in his 15 Amended Motion or to support his assertion that his due process rights are being violated because the presiding immigration judge denied Petitioner's motion to continue his asylum hearing. Further, while Petitioner argues that he has had "insufficient time for preparation," Petitioner has known of the date of the hearing since at least 12/19/2025, when Respondents included that date in their Opposition to Petitioner's first 3 Motion for Temporary Restraining Order. Finally, the court already considered and rejected Petitioner's arguments for immediate release in the 12 Order granting in part Petitioner's first Motion for a Temporary Restraining Order. Accordingly, Petitioner's 15 Amended Motion for Temporary Restraining Order is DENIED. (Text Only Entry) (Deputy Clerk CRS) (Entered: 12/31/2025)
Dec 31, 2025
Minute Order AND Order on Motion for TRO
Dec 31, 2025
Minute Order AND Order on Motion to Shorten Time
#19
Jan 02, 2026
EMERGENCY MOTION to ENFORCE and MODIFY Habeas Relief and for Order of Immediate Release by Daniel James Cummins. (Cummings, Robert) Modified on 1/5/2026 (HAH). (Entered: 01/02/2026)
Main Document: Enforce Judgment
#20
Jan 06, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 1/6/2026: The court has reviewed Petitioner's 19 Motion to Enforce and Modify Habeas Relief. Respondents shall file an Opposition or Statement of Non-Opposition to that Motion on or before 1/9/2026. Petitioner may file a Reply on or before 1/13/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 01/06/2026)
Jan 06, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#21
Jan 09, 2026
NOTICE of LODGING of CD Containing Audio Recording of Bond Hearing by Moises Becerra, Eric Grant, Ron Murray, Kristi Noem. (Gunter, Brittany) (Entered: 01/09/2026)
Main Document: Notice (Other)
#22
Jan 09, 2026
ACKNOWLEDGEMENT OF RECEIPT of CD from Moises Becerra, Eric Grant, Ron Murray, Kristi Noem- routed to file room. (Text only entry) (Deputy Clerk VLC) (Entered: 01/09/2026)
#23
Jan 09, 2026
MOTION to DISMISS by Moises Becerra, Eric Grant, Ron Murray, Kristi Noem. Motion Hearing set for 2/20/2026 at 01:30 PM in Courtroom 10 (DC) before District Judge Dena M. Coggins. (Gunter, Brittany) (Entered: 01/09/2026)
Main Document: Dismiss
#24
Jan 12, 2026
REPLY to 23 Opposition and Motion to Dismiss, and SUPPLEMENTAL BRIEF in support of 19 Motion for Habeas Relief by Daniel James Cummins. (Cummings, Robert) Modified on 1/13/2026 (HAH). (Entered: 01/12/2026)
Main Document: Reply to Response to Motion
#25
Jan 13, 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. (Gunter, Brittany) (Entered: 01/13/2026)
Main Document: CONSENT/DECLINE
#26
Jan 14, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 1/14/2026: On the court's own motion, a hearing as to Petitioner's 19 Motion to Enforce and Modify Habeas Relief is SET for 1/16/2026 at 1:30 PM in Courtroom 10 before District Judge Dena M. Coggins. Counsel for Petitioner, Attorney Robert G. Cummings and Law Student Gina Herrera, must appear in-person at the hearing and be prepared to address the hallucinated citations included in Petitioner's briefs. (Text Only Entry) (Deputy Clerk CRS) (Entered: 01/14/2026)
#27
Jan 14, 2026
ASSOCIATION of ATTORNEY: Added attorney Audrey Benison Hemesath, GOVT, for All Respondents. (Hemesath, Audrey) Modified on 2/2/2026 (HAH). (Entered: 01/14/2026)
Main Document: ASSOCIATION
#28
Jan 14, 2026
NOTICE of ERRATA re 24 Reply by Daniel James Cummins. (Cummings, Robert) Modified on 2/2/2026 (HAH). (Entered: 01/14/2026)
Main Document: Notice of Errata
#29
Jan 14, 2026
REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 1/16/2026 19 Motion to Enforce and for Immediate Release Hearing by Daniel James Cummins. (Cummings, Robert) Modified on 2/2/2026 (HAH). (Entered: 01/14/2026)
Main Document: REQUEST
Jan 14, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#30
Jan 15, 2026
STATEMENT of NON-OPPOSITION to 29 Request for Telephonic/Remote Appearance by Moises Becerra, Eric Grant, Ron Murray, Kristi Noem. (Gunter, Brittany) Modified on 2/2/2026 (HAH). (Entered: 01/15/2026)
Main Document: STATEMENT
#31
Jan 15, 2026
ORDER signed by District Judge Dena M. Coggins on 1/15/2026 DENYING 19 Motion to modify and enforce habeas relief, DENYING 29 Request for Remote Appearance, VACATING the 19 and 23 Motions hearing, INSTRUCTING Respondents to re-notice their 23 motion hearing before the assigned magistrate judge and REFFERRING this matter to the assigned magistrate judge for further proceedings. (Deputy Clerk VLK)
Main Document: Order AND Order on Motion to Enforce Judgment AND ~Util - 1 Set/Reset Deadlines and Hearings
#32
Jan 20, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 01/20/2026. Respondents' motion to dismiss (ECF No. 23 ) has been referred to the undersigned (ECF No. 31 ). Petitioner is directed to file a supplemental opposition to the motion to dismiss within fourteen days. The opposition must address whether the petition is moot in light of the denial of petitioner's motion to enforce and modify habeas relief (ECF No. 31 ). Respondent may file a reply within seven days of the opposition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry). (Deputy Clerk JAA) (Entered: 01/20/2026)
Jan 20, 2026
Minute Order
#33
Jan 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Audrey Benison Hemesath, GOVT terminated as co-counsel for Respondents. (Hemesath, Audrey) Modified on 1/29/2026 (KLY). (Entered: 01/28/2026)
Main Document: DESIGNATION
#34
Feb 03, 2026
SUPPLEMENTAL OPPOSITION to 23 Motion to Dismiss by Daniel James Cummins. (Cummings, Robert) Modified on 2/10/2026 (KS). (Entered: 02/03/2026)
Main Document: Opposition to Motion
#35
Feb 10, 2026
ORDER TO SHOW CAUSE signed by District Judge Dena M. Coggins on 2/9/2026 ORDERING the Petitioner SHOW CAUSE no later than 2/20/2026, as to why sanctions should not issue due to Petitioner's use of erroneous case citations in his 19 motion to enforce and modify habeas relief and 24 reply thereto, and due to law student Gina Herrera's unauthorized appearance in this case. (Deputy Clerk RRB)
Main Document: Order to Show Cause
#36
Feb 10, 2026
REPLY to 34 Opposition to Motion to Dismiss by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (Gunter, Brittany) Modified on 2/13/2026 (KS). (Entered: 02/10/2026)
Main Document: Reply to Response to Motion
May 29, 2026
Minute Order
#43
Aug 26, 2026
Statement of Non-Opposition
Main Document: Statement of Non-Opposition
Aug 26, 2026
Minute Order
#44
Sep 11, 2026
Findings and Recommendations
Main Document: Findings and Recommendations