Eastern District of California • 1:26-cv-07170
(HC) Moncada-Cabrera v. Warden, California City Detention Center
Completed
Case Information
Filed: September 08, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 13, 2026
Last Activity:
October 19, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 08, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Jorge Moncada-Cabrera. (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 10, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document:
Immigration New Case Documents
#3
Sep 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/10/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/10/2026)
#4
Sep 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Warden, California City Detention Center (Disparte, Quinn) (Entered: 09/10/2026)
Main Document:
DESIGNATION
Sep 10, 2026
SERVICE BY MAIL: 3 Minute Order served on Jorge Moncada-Cabrera. (Deputy Clerk MDK)
Sep 10, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Jorge Moncada-Cabrera. (Deputy Clerk DAR)
Sep 10, 2026
Service by Mail
Sep 10, 2026
Minute Order
#5
Sep 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/15/2026. Petitioner, Jorge Moncada-Cabrera, (A# 220-746-289), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The petition, liberally construed, asserts petitioner's detention violates the Immigration and Nationality Act and his federal due process rights. ECF No. 1. The Ninth Circuit recently ruled on a similar statutory claim, holding that "[noncitizens] present without admission who are apprehended in the interior of the United States are subject to detention regime of § 1226, not § 1225(b)(2)(A)." Rodriguez Vazquez v. Bostock, 183 F.4th 1160 (9th Cir. 2026). Respondent is therefore directed to file a response within 7 days from the date of this order (see 28 U.S.C. § 2243), which shall substantively address whether there are any factual or legal issues that materially distinguish this case from Rodriguez Vazquez v. Bostock or the court's prior orders in Morales-Flores, v. Lyons, No. 1:25-cv-1640-TLN-EFB, 2025 WL 3552841 (E.D. Cal. Dec. 11, 2025), Brayan C.C. v. Warden of California City Corr. Ctr., No. 2:26-cv-0641-TLN-JDP, 2026 WL 710358 (E.D. Cal. Mar. 13, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondent disputes any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondent's response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/15/2026)
Sep 15, 2026
Minute Order
Sep 15, 2026
Service by Mail
Sep 15, 2026
SERVICE BY MAIL: 5 Minute Order served on Jorge Moncada-Cabrera. (Deputy Clerk JAA)
#7
Sep 21, 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. (Deputy Clerk JAW) (Entered: 09/24/2026)
Main Document:
CONSENT/DECLINE
#6
Sep 22, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by Warden, California City Detention Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Disparte, Quinn) Modified on 9/25/2026 (KS). (Entered: 09/22/2026)
Main Document:
ANSWER
#8
Sep 28, 2026
MOTION to APPOINT COUNSEL by Jorge Moncada-Cabrera. (Deputy Clerk DAR) (Entered: 09/29/2026)
Main Document:
Appoint Counsel
#9
Sep 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jorge Moncada-Cabrera. (Deputy Clerk DAR) (Entered: 09/29/2026)
Main Document:
Temporary Restraining Order
#10
Oct 01, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/01/2026: In light of Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO") and in the interests of judicial economy, the Court hereby retains this matter and revokes the prior referral to the assigned magistrate judge pursuant to Local Rule 302(d). This matter is before the Court on Petitioner's Ex-Parte Motion for TRO. (ECF No. 9 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 9 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Jorge Moncada-Cabrera (A# 220-746-289). At the time of release, Respondents must provide Petitioner a copy of this Order and return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents show by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents shall file a notice of compliance with this Order by October 5, 2026. Respondents may file any further response to the Petition for Writ of Habeas Corpus by October 8, 2026. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court is directed to serve California City Detention Facility with a copy of this Order. SO ORDERED. (Text Only Entry) (Deputy Clerk RAA) (Entered: 10/01/2026)
Oct 01, 2026
Service by Mail
Oct 01, 2026
SERVICE BY MAIL: 10 Minute Order served on Jorge Moncada-Cabrera. (Deputy Clerk RAA)
Oct 01, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Oct 05, 2026
NOTICE OF COMPLIANCE by Warden, California City Detention Center. (Disparte, Quinn) Modified on 10/13/2026 (HAH). (Entered: 10/05/2026)
Main Document:
Notice of Compliance
#12
Oct 13, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 10/9/2026 GRANTING 1 Petition for Writ of Habeas Corpus, and ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner, absent compliance with statutory and constitutional protections. The Clerk of Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED. (Deputy Clerk VLK) (Entered: 10/13/2026)
#13
Oct 13, 2026
JUDGMENT dated *10/13/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 10/9/2026 in favor of Petitioner. (Deputy Clerk VLK) (Entered: 10/13/2026)
Main Document:
Judgment
Oct 13, 2026
SERVICE BY MAIL: 12 Order, 13 Judgment served on Jorge Moncada-Cabrera. (Deputy Clerk VLK) Modified on 10/13/2026 (VLK).
Oct 13, 2026
Service by Mail
Oct 15, 2026
MAIL RETURNED as Undeliverable, Unable to Forward: 10 Minute Order sent to Jorge Moncada-Cabrera. Notice of Change of Address due by 11/23/2026. (Deputy Clerk JRW)
#14
Oct 19, 2026
NOTICE of RELATED CASE(S) 1:26-CV-08489-DJC-CSK by Warden, California City Detention Center. Attorney Oh, Edward added. (Oh, Edward) (Entered: 10/19/2026)
Main Document:
Notice of Related Case
#15
Oct 19, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 10/19/2026: The Court FINDS that this case is related to Case No. 1:26-cv-08489-TLN-AC (HC). [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 10/19/2026)
Oct 19, 2026
SERVICE BY MAIL: 15 Minute Order served on Jorge Moncada-Cabrera. (Deputy Clerk GJM)
Oct 19, 2026
Service by Mail
Oct 19, 2026
Minute Order
Parties
(HC) Moncada-Cabrera
Party
Warden, California City Detention Center
Party