Eastern District of California • 1:26-cv-07624

(HC) Alcivar Torres v. US General Attorney

Completed

Case Information

Filed: September 18, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 06, 2026
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 18, 2026
PETITION for WRIT of HABEAS CORPUS, MOTION for TEMPORARY RESTRAINING ORDER and MOTION to PROCEED IFP filed by Dennys Alcivar Torres. (Deputy Clerk DAR) (Entered: 09/21/2026)
Main Document: Temporary Restraining Order
#2
Sep 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/21/2026)
Main Document: Immigration New Case Documents
#3
Sep 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for US General Attorney (Rodriguez, Elisa) (Entered: 09/21/2026)
Main Document: DESIGNATION
#4
Sep 21, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/21/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 1 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 and others have previously held that noncitizens detained by immigration authorities under 8 U.S.C. §§ 1226(a), 1227(a) for remaining in the U.S. after the expiration of their previously-granted immigration status may be entitled to relief on constitutional grounds. See Kaur v. Chestnut, No. 1:26-cv-05349-DC-CSK, Doc. Nos. 8, 11 (E.D. Cal., Sept. 17, 2026); Kharitonova v. Albarran, No. 3:26-cv-01362-JSC, 2026 WL 531441, at *2 (N.D. Cal. Feb. 25, 2026); Kalkan v. Chestnut, No. 1:26-cv-02028-DAD-EFB, 2026 WL 788112, at *1 (E.D. Cal. Mar. 20, 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 A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026). Respondents shall file an Opposition or Statement of Non-Opposition to the 1 Motion for Temporary Restraining Order by 12:00 PM on 9/23/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the cases referenced. Petitioner may file a Reply by 10/7/2026. Both parties should address whether they oppose the court ruling directly on 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: 09/21/2026)
Sep 21, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 4, served on Dennys Alcivar Torres. (Text Only Entry) (Deputy Clerk CRS)
Sep 21, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Dennys Alcivar Torres. (Deputy Clerk DAR)
Sep 21, 2026
Service by Mail
Sep 21, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#5
Sep 23, 2026
OPPOSITION by Respondent US General Attorney to 1 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 09/23/2026)
Main Document: OPPOSITION
#6
Oct 06, 2026
ORDER signed by District Judge Dena M. Coggins on 10/05/26 GRANTIGN 1 Petition for Writ of Habeas Corpus and 1 Motion for Temporary Restraining Order. Petitioner Dennys Alcivar Torres (A-222-615-481) shall be RELEASED IMMEDIATELY from Respondents' custody with the same conditions he was subject to immediately prior to his detention. Respondents shall not impose any additional restriction on him. Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social Security card, etc.) upon his release from custody. Within 3 days from the date of entry of this order, Respondents shall FILE a notice of compliance with this court confirming that Petitioner has been released in accordance with the above. CASE CLOSED. (cc Cal City) (Deputy Clerk VLC) Modified on 10/7/2026 (VLC). (Entered: 10/06/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#7
Oct 06, 2026
JUDGMENT dated *10/06/26* pursuant to order signed by District Judge Dena M. Coggins on 10/05/26 in favor of Petitioner. (Deputy Clerk VLC) (Entered: 10/06/2026)
Main Document: Judgment
Oct 06, 2026
SERVICE BY MAIL: 7 Judgment and 6 Order served on Dennys Alcivar Torres. (Deputy Clerk VLC)
Oct 06, 2026
Service by Mail
#8
Oct 07, 2026
MOTION to APPOINT COUNSEL by Dennys Alcivar Torres. (Deputy Clerk DAR) (Entered: 10/08/2026)
Main Document: Appoint Counsel
#9
Oct 09, 2026
NOTICE OF COMPLIANCE with 6 Order by US General Attorney. (Rodriguez, Elisa) Modified on 10/15/2026 (KS). (Entered: 10/09/2026)
Main Document: Notice of Compliance

Parties

(HC) Alcivar Torres
Party
US General Attorney
Party