Eastern District of California • 1:26-cv-08520
(HC) Diaz Zarate v. Cruz
Active
Case Information
Filed: October 16, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
October 29, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 16, 2026
PETITION for WRIT of HABEAS CORPUS against Orestes Cruz, Markwayne Mullin, David Venturella, Minga Wofford by Agustine Diaz Zarate. (Filing fee $ 5, receipt number ACAEDC-14025073) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Rios, George) (Entered: 10/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 16, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Agustine Diaz Zarate. (Attachments: # 1 Points and Authorities MPA for TRO, # 2 Affidavit Affidavit of Notice and Irreparable Harm, # 3 Exhibit TRO check list, # 4 Proposed Order TRO Proposed Order)(Rios, George) (Entered: 10/16/2026)
Main Document:
Temporary Restraining Order
#3
Oct 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/16/2026)
Main Document:
Immigration New Case Documents
#4
Oct 16, 2026
CERTIFICATE / PROOF of SERVICE by Agustine Diaz Zarate.. (Rios, George) (Entered: 10/16/2026)
Main Document:
Certificate / Proof of Service
#5
Oct 16, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 10/16/2026)
Main Document:
CONSENT/DECLINE
#6
Oct 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Orestes Cruz,Jonathan Yu, GOVT for Markwayne Mullin,Jonathan Yu, GOVT for David Venturella,Jonathan Yu, GOVT for Minga Wofford (Yu, Jonathan) (Entered: 10/16/2026)
Main Document:
DESIGNATION
#7
Oct 19, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/19/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release, detention, or bond; any custody determinations, warrants, or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Parties are reminded of their obligations under Local Rule 140 to redact personally identifiable information. Pending the Court's ruling on the Petition, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). However, 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, and Respondents shall notify this Court within a reasonable time of any such transfer. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 10/19/2026)
Oct 19, 2026
Minute Order
#8
Oct 21, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#9
Oct 22, 2026
Traverse
Main Document:
Traverse
#10
Oct 28, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 10/27/26 GRANTING 1 Petition for Writ of Habeas Corpus and Respondents are ordered to IMMEDIATELY RELEASE Petitioner Agustine D.Z. (A# 240-174-527) from custody. At the time of release, Respo ndents must return all of Petitioner's documents and possessions and provide a copy of this Order. Respondents must file a notice certifying compliance with this provision within 2 court days from the date of this Order; Respondents are ENJOINED from re-detaining Petitioner absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder; DENYING 2 Motion for TRO as moot; and the Clerk of Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED. (cc Golden State Annex) (Deputy Clerk JAW)
#11
Oct 28, 2026
Judgment
Main Document:
Judgment
#12
Oct 29, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
Cruz
Party
(HC) Diaz Zarate
Party