Eastern District of California • 1:26-cv-08159
(HC) Montano v. Warden of the Central Valley Annex
Completed
Case Information
Filed: October 05, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: November 03, 2026
Last Activity:
November 05, 2026
Parties:
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Docket Entries
#1
Oct 05, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Central Valley Annex by Marvin Antonio Montano. (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 05, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Marvin Antonio Montano. (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
In Forma Pauperis
#3
Oct 06, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Marvin Antonio Montano signed by Magistrate Judge Erin Guy Castillo on 10/06/2026. (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#4
Oct 06, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
Immigration New Case Documents
#5
Oct 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of the Central Valley Annex (Yu, Jonathan) (Entered: 10/06/2026)
Main Document:
DESIGNATION
Oct 06, 2026
SERVICE BY MAIL: 3 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 4 Immigration New Case Documents served on Marvin Antonio Montano. (Deputy Clerk SZ)
Oct 06, 2026
Service by Mail
#6
Oct 07, 2026
ORDER to SHOW CAUSE Why Petition Should Not Be Granted signed by Magistrate Judge Erin Guy Castillo on 10/07/2026. Show Cause Response due within 2-days. (Deputy Clerk LJB) (Entered: 10/07/2026)
Oct 07, 2026
SERVICE BY MAIL: 6 Order to Show Cause served on Marvin Antonio Montano. (Deputy Clerk LJB)
Oct 07, 2026
Service by Mail
#7
Oct 09, 2026
RESPONSE by Warden of the Central Valley Annex to 6 Order to Show Cause. (Attachments: # 1 Exhibit Redacted I 213, # 2 Exhibit NTA)(Yu, Jonathan) (Entered: 10/09/2026)
Main Document:
RESPONSE
#8
Oct 09, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 10/9/2026: (Text Only Entry). In light of Respondent's response, (Doc. 7 ), Petitioner is hereby GRANTED seven days to respond. (Deputy Clerk WAK) (Entered: 10/09/2026)
Oct 09, 2026
SERVICE BY MAIL: 8 Minute Order served on Marvin Antonio Montano. (Deputy Clerk WAK)
Oct 09, 2026
Minute Order
Oct 09, 2026
Service by Mail
#9
Oct 26, 2026
FINDINGS and RECOMMENDATIONS that Petitioner's 1 Petition be Granted and Petitioner be Immediately Released signed by Magistrate Judge Erin Guy Castillo on 10/26/2026.Referred to Judge Jennifer L. Thurston. Objections to F&R due within Five (5) Days. (Deputy Clerk SSA) (Entered: 10/26/2026)
Oct 26, 2026
SERVICE BY MAIL: 9 Findings and Recommendations (Motion), served on Marvin Antonio Montano. (Deputy Clerk SSA)
Oct 26, 2026
Service by Mail
#10
Oct 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Marvin Antonio Montano. (Deputy Clerk AML) (Entered: 10/29/2026)
Main Document:
Temporary Restraining Order
#11
Oct 28, 2026
MOTION to APPOINT COUNSEL by Marvin Antonio Montano. (Deputy Clerk AML) (Entered: 10/29/2026)
Main Document:
Appoint Counsel
#12
Oct 29, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 10). Based on the current record, it is uncertain whether Petitioner (A File #: 244-738-469) is likely to succeed on at least one of his claims and that some form of immediate relief may be appropriate. Moreover, briefing in this matter has been completed, and the Court is waiting to determine whether there will be objections to the Findings and Recommendations. Thus, the motion for TRO appears to be an attempt to preclude those objections and due consideration by the Court. Thus, the TRO is DENIED. The Court will issue a ruling in the case as soon as possible signed by District Judge Jennifer L. Thurston on October 29, 2026. (Deputy Clerk IM) (Entered: 10/29/2026)
#13
Oct 29, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 9 by Respondent Warden of the Central Valley Annex. (Yu, Jonathan) (Entered: 10/29/2026)
Main Document:
Objections to Findings and Recommendations
Oct 29, 2026
Order on Motion for TRO
Oct 29, 2026
Service by Mail
Oct 29, 2026
SERVICE BY MAIL: 12 Minute Order on Motion for TRO served on Marvin Antonio Montano. (Deputy Clerk IM)
#14
Nov 03, 2026
ORDER ADOPTING 9 Findings and Recommendations, GRANTING the 1 Petition for Writ of Habeas Corpus, Directing Respondents to Immediately Release Petitioner, and Directing Clerk of Court to Close Case, signed by District Judge Jennifer L. Thurston on 11/2/2026. CASE CLOSED. (Deputy Clerk OFR)
#15
Nov 03, 2026
JUDGMENT dated *11/3/2026* pursuant to 14 order. (Deputy Clerk OFR) (Entered: 11/03/2026)
Main Document:
Judgment
Nov 03, 2026
Service by Mail
Nov 03, 2026
SERVICE BY MAIL: 14 Order Adopting Findings and Recommendations, 15 Judgment served on Marvin Antonio Montano. (Deputy Clerk OFR)
#16
Nov 05, 2026
Notice of Compliance
Main Document:
Notice of Compliance
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