Eastern District of California • 1:26-cv-07955
(HC) Montano Matamoros v. Warden of California Detention Center
Active
Case Information
Filed: September 28, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 03, 2026
Parties:
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Docket Entries
#1
Sep 28, 2026
PETITION for WRIT of HABEAS CORPUS (UNSIGNED) against Warden of California Detention Center by Montano Matamoros Osmar Antonio. (Deputy Clerk GDD) Modified on 9/30/2026 (KLY). (Entered: 09/29/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 29, 2026
[DISREGARD, See 5 Amended Documents] IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk GDD) Modified on 9/30/2026 (KLY). (Entered: 09/29/2026)
Main Document:
Immigration New Case Documents
#3
Sep 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden of California Detention Center (Andrews, Anthony) (Entered: 09/29/2026)
Main Document:
DESIGNATION
#4
Sep 30, 2026
CLERK'S NOTICE of DOCKET CORRECTION (Text Only Entry): Petitioner's name has been changed from Montano Matamoros Osmar Antonio to First Name: Osmar, Middle Name: Antonio, Surname: Montano Matamoros. Verified with EOIR record. (Deputy Clerk KLY) (Entered: 09/30/2026)
#5
Sep 30, 2026
AMENDED IMMIGRATION NEW CASE DOCUMENTS with Petitioner's correct name. (Attachments: # 1 Litigant Letter) (Deputy Clerk KLY) (Entered: 09/30/2026)
Main Document:
Immigration New Case Documents
#6
Sep 30, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 9/29/2026: A review of petitioner's § 2241 application indicates that he did not sign the petition. The court will provide petitioner the opportunity to do so within 7 days from the date of this order by signing and returning the signature page of the § 2241 petition in order to properly initiate this action. The Clerk of Court is directed to return page 9 of the § 2241 application to petitioner along with a copy of this order. No further action will be taken on this habeas petition until petitioner returns the signature page. (Deputy Clerk SH) (Entered: 09/30/2026)
Sep 30, 2026
SERVICE BY MAIL: ECF No. 6, Minute Order, 5 Amended Immigration New Case Documents with signature page of the petition served on Osmar Antonio Montano Matamoros. (Deputy Clerk KLY)
Sep 30, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 30, 2026
Service by Mail
#7
Oct 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Osmar Antonio Montano Matamoros. (Deputy Clerk LMS) (Entered: 10/15/2026)
Main Document:
In Forma Pauperis
#8
Oct 26, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 10/26/2026: In light of the complexity of the legal issues involved in this case, the Court has determined that the interests of justice require the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Shelly Her, Courtroom Deputy for Magistrate Judge Sean Riordan, via email at sher@caed.uscourts.gov who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the court hereby authorizes them to serve as pro hac vice CJA counsel for petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1) nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. § 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the court hereby authorizes said counsel's pro hac vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. Petitioner is granted leave to amend the § 2241 petition within 14 days from the date counsel accepts the appointment and notifies the appointing authority. Respondent shall file an answer to the amended petition within 7 days from the date the amended petition is filed. Petitioner may file a reply brief within 3 days from the date of the answer. The matter will be deemed submitted on the papers at the expiration of the deadlines set herein. In order to ensure this court's jurisdiction to resolve the pending § 2241 petition, respondent shall not transfer petitioner to another detention center outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Deputy Clerk SH) (Entered: 10/26/2026)
Oct 26, 2026
SERVICE BY MAIL: 8 Minute Order served on Osmar Antonio Montano Matamoros. (Deputy Clerk SH)
Oct 26, 2026
Service by Mail
Oct 26, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Oct 28, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 10/28/2026: The Court has been notified of appointed counsel's contact information pursuant to the Minute Order at ECF No. 8. Attorney Jonathan Kagan-Kans, AFD, is hereby APPOINTED as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Jonathan Kagan-Kans, AFD, Federal Capital Habeas Project, 6411 Ivy Lane, Suite 710, Greenbelt, MD 20770, Jonathan_Kagan-Kans@fd.org,as counsel for Petitioner in this matter. Appointed counsel is directed to review the briefing schedule in the undersigned's 10/26/2026, minute order (ECF No. 8). (Deputy Clerk SH) (Entered: 10/28/2026)
Oct 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#11
Nov 03, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
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