Central District of California • 5:26-cv-05691

Eva Maria Montano Vargas v. Warden Adelanto ICE Processing Center

Active

Case Information

Filed: September 25, 2026
Assigned to: Michelle Williams Court
Referred to: John D. Early
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 25, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241), filed by Petitioner Eva Maria Montano Vargas. Case assigned to Judge Michelle Williams Court and referred to Magistrate Judge John D. Early. (Filing fee $ 5 Paid.) (jtil) (Entered: 10/06/2026)
Main Document: Petition for Writ of Habeas Corpus (2241)
#2
Oct 06, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Michelle Williams Court and referred to Magistrate Judge Paul L. Abrams, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (jtil) (Entered: 10/06/2026)
Main Document: Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#3
Oct 06, 2026
Notice of General Order 26-05 and Briefing Schedule. (jtil) (Entered: 10/06/2026)
Main Document: Notice (Scheduling Order 2241) - optional html form
#4
Oct 06, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (jtil) (Entered: 10/06/2026)
Main Document: Notice of Resources for ProSe Litigants (CV-134) - optional html form
#5
Oct 15, 2026
TEXT ONLY (IN CHAMBERS) ORDER by Magistrate Judge John D. Early: Per the Notice of General Order 26-05 and Briefing Schedule issued on October 6, 2026 (Dkt. 3, "Notice"), Respondents were ordered to file a Notice of Appearance ("NOA") within 3 days and an Answer within 7 days of the date the Notice was issued. Respondents did not file a timely NOA or Answer. Respondents are advised that failure to file an NOA and Answer by noon on October 16, 2026, may be deemed consent to the immediate granting of the Petition without further notice. See Local Civil Rule 7-12. If a timely answer is filed, any optional reply shall be filed within 3 days of the filing of the Answer. All other provisions of the Notice remain in effect. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aro) TEXT ONLY ENTRY (Entered: 10/15/2026)
Oct 15, 2026
Generic Text Only Entry
#6
Oct 16, 2026
REPORT AND RECOMMENDATION issued by Magistrate Judge John D. Early re PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241). IT IS THEREFORE RECOMMENDED that the District Judge issue an Order: (1) approving and accepting this Report and Recommendation; and (2) granting the Petition with Respondent ordered to immediately release Petitioner Eva Maria Montano Vargas (A# 233-220-622) from custody, subject to conditions of release no more restrictive than necessary to ensure her appearance at future immigration proceedings as required and to protect the community. In light of the nature of the recommended relief and in accordance with United States v. Barney, 568 F.2d 134, 136 (9th Cir. 1978) (per curiam), the undersigned shortens the time for Objections to the Report and Recommendation to two (2) court days and shortens the time for Responses to Objections to one (1) court day. (aro) (Entered: 10/16/2026)
Main Document: Report and Recommendation (Issued)
#7
Oct 21, 2026
ORDER ACCEPTING, IN PART, REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Michelle Williams Court: IT IS THEREFORE ORDERED THAT: (1) Judgment be entered granting the Petition; (2) A writ of habeas corpus be issued requiring Petit ioner Eva Maria Montano Vargas' (A# 233 220 622) immediate release subject to the same conditions of supervision that were in place before her September 16, 2026, detention, and prohibiting her re-detention unless Respondents first provide notic e and a hearing where Respondents must show material changed circumstances justifying Petitioner's detention; (3)When releasing Petitioner, Respondents are ordered return any property seized from her in the course of her arrest and detention; and (4)Respondents are required to file a status report within three (3)days confirming that Petitioner has been released from Respondents custody consistent with this order. (aro)
Main Document: Order on Petition for Writ of Habeas Corpus
#8
Oct 21, 2026
JUDGMENT by Judge Michelle Williams Court: Pursuant to the Order Accepting, in Part, the Report and Recommendation of United States Magistrate Judge, IT IS ORDERED, ADJUDGED, AND DECREED that: (1) The Petition is GRANTED; (2) Respondents are ORDERED to immediately release Eva Maria Montano Vargas (A# 233 220 622) from custody subject to the same conditions of supervision that were in place before her September 16, 2026, detention, and prohibiting her re-detention unless Respondents first provide notice and a hearing where Respondents must show material changed circumstances justifying Petitioner's detention; (3) When releasing Petitioner, Respondents are ORDERED return any property seized from her in the course of her arrest and detention; and (4)Respondents are ORDERED to file a status report within three (3) days confirming that Petitioner has been released from Respondents' custody consistent with this order. (MD JS-6, Case Terminated). (aro)
Main Document: Judgment
#9
Oct 21, 2026
Status Report
Main Document: Status Report

Parties

Eva Maria Montano Vargas
Party
Warden Adelanto ICE Processing Center
Party