Eastern District of California • 1:26-cv-08374

(HC) Montoya Echevarria v. Andrews

Active

Case Information

Filed: October 13, 2026
Assigned to: Jennifer L. Thurston
Referred to: Gary S. Austin
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 15, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 13, 2026
2241 PETITION for WRIT of HABEAS CORPUS against ICE/ERO, David Venturella, Tonya Andrews, Markwayne Mullin, Todd Blanche by Juan Montoya Echevarria. (Deputy Clerk SZ) (Entered: 10/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Juan Montoya Echevarria. (Deputy Clerk SZ) (Entered: 10/14/2026)
Main Document: In Forma Pauperis
#3
Oct 13, 2026
MOTION to APPOINT COUNSEL by Juan Montoya Echevarria. (Deputy Clerk SZ) (Entered: 10/14/2026)
Main Document: Appoint Counsel
#4
Oct 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Montoya Echevarria. (Deputy Clerk SZ) (Entered: 10/14/2026)
Main Document: Temporary Restraining Order
#5
Oct 14, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Juan Montoya Echevarria signed by Magistrate Judge Gary S. Austin on 10/14/2026. (Deputy Clerk SZ) (Entered: 10/14/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Oct 14, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/14/2026)
Main Document: Immigration New Case Documents
#7
Oct 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews,Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for ICE/ERO,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for David Venturella (Rodriguez, Elisa) (Entered: 10/14/2026)
Main Document: DESIGNATION
#8
Oct 14, 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. 4). Petitioner (A File #: 201-228-398) asserts that he has been detained since March 6, 2025 (Doc. 4 at 15). He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. The response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (including the I-213) and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing, to preserve the Court's jurisdiction and to preserve Petitioner's access to the Court and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. This order does not prohibit the temporary transfer of petitioner outside of the District for urgent medical care, though petitioner shall be returned to the District upon the conclusion of such care. If this occurs, Respondents SHALL ensure that Petitioner receives communications from the Court without delay signed by District Judge Jennifer L. Thurston on October 14, 2026. (Deputy Clerk IM) (Entered: 10/14/2026)
Oct 14, 2026
SERVICE BY MAIL: 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 6 Immigration New Case Documents served on Juan Montoya Echevarria. (Deputy Clerk SZ)
Oct 14, 2026
Order on Motion for TRO
Oct 14, 2026
SERVICE BY MAIL: 8 Minute Order on Motion for TRO served on Juan Montoya Echevarria. (Deputy Clerk IM)
Oct 14, 2026
Service by Mail
#9
Oct 15, 2026
ORDER DENYING MOTION TO APPOINT COUNSEL WITHOUT PREJUDICE signed by Magistrate Judge Gary S. Austin on 10/15/2026. IT IS HEREBY ORDERED that Petitioner's motion to appoint counsel (ECF No. 3 ), is DENIED WITHOUT PREJUDICE. (Deputy Clerk YV)
Main Document: Order AND Order on Motion to Appoint Counsel
Oct 15, 2026
Service by Mail

Parties

Andrews
Party
(HC) Montoya Echevarria
Party