Eastern District of California • 1:26-cv-07412

(HC) Azocar v. Warden, Central Valley Annex Ice Detention Facility

Active

Case Information

Filed: September 14, 2026
Assigned to: Dena M. Coggins
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 17, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 14, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Ice Detention Facility by Edirson Robert Azocar. (Deputy Clerk DAR) (Entered: 09/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 14, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Edirson Robert Azocar. (Deputy Clerk DAR) (Entered: 09/15/2026)
Main Document: In Forma Pauperis
#3
Sep 14, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Edirson Robert Azocar. (Deputy Clerk DAR) (Entered: 09/15/2026)
Main Document: Temporary Restraining Order
#4
Sep 14, 2026
MOTION to APPOINT COUNSEL by Edirson Robert Azocar. (Deputy Clerk DAR) (Entered: 09/15/2026)
Main Document: Appoint Counsel
#5
Sep 15, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/15/2026)
Main Document: Immigration New Case Documents
#6
Sep 15, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/15/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 9/17/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 10/1/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. 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: 09/15/2026)
Sep 15, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Edirson Robert Azocar. (Text Only Entry) (Deputy Clerk CRS)
Sep 15, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Sep 15, 2026
Service by Mail
Sep 15, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Edirson Robert Azocar. (Deputy Clerk DAR)
#7
Sep 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Central Valley Annex Ice Detention Facility (Andrews, Anthony) (Entered: 09/16/2026)
Main Document: DESIGNATION
#8
Sep 17, 2026
Dismiss
Main Document: Dismiss

Parties

(HC) Azocar
Party
Warden, Central Valley Annex Ice Detention Facility
Party