Southern District of California • 3:26-cv-05655

Martinez Cruz v. LaRose

Completed

Case Information

Filed: October 01, 2026
Assigned to: Todd Wallace Robinson
Referred to: Allison H. Goddard
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: October 14, 2026
Last Activity: October 14, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 01, 2026
Petition for Writ of Habeas Corpus against Gregory J. Archambeault, Todd Blanche, Executive Office for Immigration Review, Christopher J. LaRose, Markwayne Mullin, United States Department of Homeland Security, David J. Venturella ( Filing fee $ 5 receipt number ACASDC-21708628.), filed by Tomas Inocencio Martinez Cruz. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)The new case number is 3:26-cv-5655-TWR-AHG. Judge Todd W. Robinson and Magistrate Judge Allison H. Goddard are assigned to the case. (Barbosa, Cynthia)(mjw) (Entered: 10/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 05, 2026
NOTICE of Appearance and Substitution of Counsel by Danielle Lynn Brown on behalf of Gregory J. Archambeault, Todd Blanche, Executive Office for Immigration Review, Christopher J. LaRose, Markwayne Mullin, United States Department of Homeland Security, David J. Venturella (Brown, Danielle)Attorney Danielle Lynn Brown added to party Gregory J. Archambeault(pty:res), Attorney Danielle Lynn Brown added to party Todd Blanche(pty:res), Attorney Danielle Lynn Brown added to party Executive Office for Immigration Review(pty:res), Attorney Danielle Lynn Brown added to party Christopher J. LaRose(pty:res), Attorney Danielle Lynn Brown added to party Markwayne Mullin(pty:res), Attorney Danielle Lynn Brown added to party United States Department of Homeland Security(pty:dft), Attorney Danielle Lynn Brown added to party David J. Venturella(pty:res) (sjt). (Entered: 10/05/2026)
Main Document: Notice of Appearance
#3
Oct 05, 2026
MINUTE ORDER Requiring Response to Petition. The Court ORDERS Respondents TO SHOW CAUSE on or before October 12, 2026, why Petitioner should not be released from custody on the grounds that his warrantless arrest violated his due process rights under the Fifth Amendment. See Minute Order Granting Petition, Lopez Lopez v. LaRose, No. 26-cv-4399 TWR (SBC) (S.D. Cal. entered Sept. 10, 2026), ECF No. 10. (no document attached) (sxe) (Entered: 10/05/2026)
Oct 05, 2026
Order AND ~Util - Set Deadlines
#4
Oct 09, 2026
RETURN to Petition for Writ of H/C by Gregory J. Archambeault, Todd Blanche, Executive Office for Immigration Review, Christopher J. LaRose, Markwayne Mullin, United States Department of Homeland Security, David J. Venturella. (Attachments: # 1 Exhibit 1-4)(Brown, Danielle) (jpp). (Entered: 10/09/2026)
Main Document: Return to Petition for Writ of H/C
#5
Oct 10, 2026
TRAVERSE to Petition for Writ of H/C by Tomas Inocencio Martinez Cruz, re 4 Return to Petition for Writ of H/C, filed by Tomas Inocencio Martinez Cruz. (Barbosa, Cynthia) (jpp). (Entered: 10/10/2026)
Main Document: Traverse to Petition for Writ of H/C
#6
Oct 14, 2026
MINUTE ORDER Granting Petition. Having reviewed Respondents 4 Return, the record before the Court establishes that ICE officials arrested Petitioner pursuant to a Form I-200 Warrant of Arrest before a Notice to Appear had been issued. Petitioners arrest was therefore improper. See 8 C.F.R. § 1236.1(b)(1) ("At the time of issuance of the notice to appear, or at any time thereafter and up to the time removal proceedings are completed, the respondent may be arrested and taken into custody under the authority of Form I-200, Warrant of Arrest.") The Court GRANTS Petitioner's 1 Petition and ORDERS Respondents to release Petitioner from detention as soon as practicable. (no document attached) (sxe) (Entered: 10/14/2026)
Oct 14, 2026
Order