Eastern District of California • 1:26-cv-08113

#1

Oct 02, 2026

PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Marco Cuenca-Pucha. (Deputy Clerk VLC) (Entered: 10/06/2026)

#2

Oct 02, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Marco Cuenca-Pucha. (Deputy Clerk VLC) (Entered: 10/06/2026)

#3

Oct 02, 2026

MOTION to APPOINT COUNSEL by Marco Cuenca-Pucha. (Deputy Clerk VLC) (Entered: 10/06/2026)

#5

Oct 02, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Marco Cuenca-Pucha. (Deputy Clerk VLC) (Entered: 10/06/2026)

#4

Oct 06, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 10/06/2026)

#6

Oct 06, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Tonya Andrews (Yu, Jonathan) (Entered: 10/06/2026)

#7

Oct 06, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/6/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 5 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 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 5 Motion for Temporary Restraining Order by 12:00 PM on 10/8/2026. 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 10/22/2026. 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: 10/06/2026)

Oct 06, 2026

Service by Mail

Oct 06, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Marco Cuenca-Pucha. (Deputy Clerk VLC)

Oct 06, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Oct 06, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Marco Cuenca-Pucha. (Text Only Entry) (Deputy Clerk CRS)

#8

Oct 08, 2026

Opposition to Motion

#9

Oct 13, 2026

ORDER signed by District Judge Dena M. Coggins on 10/12/26 GRANTING 1 Petition for Writ of Habeas Corpus and 5 Motion for TRO as follows: Petitioner Marco Vinicio Cuenca-Pucha (A-220-364-571) is ORDERED to be RELEASED IMMEDIATELY from Respon dents' custody with the same conditions he was subject to immediately prior to his detention on 08/13/26. Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; Respondents are DIRECTED TO 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 fr om the date of entry of this order, Respondents are DIRECTED to file a notice of compliance with this court confirming that Petitioner has been released in accordance with the above; If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered; and This order does not address the circumstances in which Respond ents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. The Clerk is directed to serve a copy of this order on the Golden State Annex Detention and enter judgment for Petitioner. CASE CLOSED. (cc Golden State Annex) (Deputy Clerk KML)

#10

Oct 13, 2026

Judgment

#12

Oct 13, 2026

Judgment

Oct 13, 2026

Service by Mail

#13

Oct 15, 2026

Notice of Compliance