Eastern District of California • 1:26-cv-08398
(HC) Romero Abarca v. Warden, California City ICE Detention Facility
Active
Case Information
Filed: October 13, 2026
Assigned to:
Dena M. Coggins
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 22, 2026
Parties:
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Docket Entries
#1
Oct 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City ICE Detention Facility by Martina Isabel Romero Abarca. (Deputy Clerk AJB) (Entered: 10/14/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Martina Isabel Romero Abarca. (Deputy Clerk AJB) (Entered: 10/14/2026)
Main Document:
In Forma Pauperis
#3
Oct 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Martina Isabel Romero Abarca. (Deputy Clerk AJB) (Entered: 10/14/2026)
Main Document:
Temporary Restraining Order
#4
Oct 13, 2026
MOTION to APPOINT COUNSEL by Martina Isabel Romero Abarca. (Deputy Clerk AJB) (Entered: 10/14/2026)
Main Document:
Appoint Counsel
#5
Oct 14, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AJB) (Entered: 10/14/2026)
Main Document:
Immigration New Case Documents
#6
Oct 14, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/14/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Noncitizens admitted to the United States pursuant to a visa are subject to discretionary detention under 8 U.S.C. § 1226(a) if they "overstay or violate the terms of their visa[]" or lawful nonimmigrant status. See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1167 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Oliveira Tinoco v. Albarran, No. 1:26-cv-05505-DC-CKD, 2026 WL 2949219 (E.D. Cal. Oct. 1, 2026); Kaur v. Chestnut, No. 1:26-cv-05349-DC-CSK, 2026 WL 2790742, at *1 (E.D. Cal. Sept. 17, 2026); Zhou v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-05774-DC-CSK, 2026 WL 2825584, at *1 (E.D. Cal. Sept. 21, 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 A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 10/16/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Oliveira Tinoco, Kaur, and Zhou. Petitioner may file a Reply by 10/30/2026. Both parties should address whether they oppose the court ruling directly on the Petition. Respondents are further directed to include in their response: (i) the detention authority identified by or relied upon by the detaining agency at the time of detention; (ii) all documentation and evidence verifying that basis for detention and reflecting the steps the detaining agency took to comply with the procedural requirements of that detention authority; and (iii) all documentation, if any, reflecting whether and when Petitioner received notice of that basis for detention. 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: 10/14/2026)
Oct 14, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Oct 14, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Martina Isabel Romero Abarca. (Text Only Entry) (Deputy Clerk CRS)
Oct 14, 2026
Service by Mail
Oct 14, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Martina Isabel Romero Abarca. (Deputy Clerk AJB)
#7
Oct 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City ICE Detention Facility (Rodriguez, Elisa) (Entered: 10/15/2026)
Main Document:
DESIGNATION
#9
Oct 19, 2026
ORDER signed by District Judge Dena M. Coggins on 10/16/2026 GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus and GRANTING the 3 Motion for Temporary Restraining Order. Petitioner Martina Isabel Romero Abarca (A# 232-719-165) shal l be RELEASED IMMEDIATELY from Respondents' custody with the same conditions she was subject to immediately prior to her detention in July 2026. Respondents shall not impose any additional restriction on her, such as electronic monitoring, unles s that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social Security card, etc.) upon her release f rom custody. Within 3 days from the entry of this order, Respondents shall file a notice of compliance with this court confirming that Petitioner has been release in accordance with this order. 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. This order does not address the circumstances in which Respondents 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 pending 2 & 4 Motions are DENIED has having been rendered moot by this order. CASE CLOSED. (cc: California City) (Deputy Clerk KS)
#10
Oct 19, 2026
Judgment
Main Document:
Judgment
Oct 19, 2026
Service by Mail
#11
Oct 22, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
(HC) Romero Abarca
Party
Warden, California City ICE Detention Facility
Party