Eastern District of California • 1:26-cv-08584
(HC) Cruz v. Warden, Central Valley Annex
Active
Case Information
Filed: October 19, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 19, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Alfredo Cruz. (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 19, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Alfredo Cruz. (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document:
In Forma Pauperis
#3
Oct 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Alfredo Cruz. (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document:
Temporary Restraining Order
#4
Oct 19, 2026
MOTION to APPOINT COUNSEL by Alfredo Cruz. (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document:
Appoint Counsel
#5
Oct 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 10/21/2026)
Main Document:
Immigration New Case Documents
#6
Oct 21, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/21/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 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 Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 10/23/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 12:00 PM 11/6/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in 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: 10/21/2026)
#7
Oct 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, Central Valley Annex (Rodriguez, Elisa) (Entered: 10/21/2026)
Main Document:
DESIGNATION
#8
Oct 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Central Valley Annex, attorney Elisa M. Rodriguez terminated (Andrews, Anthony) (Entered: 10/21/2026)
Main Document:
DESIGNATION
#9
Oct 21, 2026
NOTICE of RELATED CASE(S) 1:26-cv-08584-DC-CSK, 1:26-cv-05101-KES-CDB by Warden, Central Valley Annex. (Andrews, Anthony) (Entered: 10/21/2026)
Main Document:
Notice of Related Case
Oct 21, 2026
Service by Mail
Oct 21, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Oct 21, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Alfredo Cruz. (Deputy Clerk VLK)
Oct 21, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Alfredo Cruz. (Text Only Entry) (Deputy Clerk CRS)
#10
Oct 22, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/22/2026: (Text Only Entry). Examination of this action reveals that it is related to Cruz Cruz v. Warden, et al, 1:26-cv-05101-KES-CDB, within the meaning of Local Rule 123(a). See Local Rule 123(a)(1), (2). Accordingly, the assignment of this matter to the same judge and magistrate judge as in Cruz Cruz v. Warden, et al, 1:26-cv-05101-KES-CDB, is likely to effect a substantial savings of judicial effort and is likely to be convenient for the parties. It is hereby ORDERED that 1:26-cv-08584-DC-CSK is reassigned from District Judge Dena M. Coggins and Magistrate Judge Chi Soo Kim to District Judge Kirk E. Sherriff and Magistrate Judge Christopher D. Baker. The caption on documents filed in the reassigned case shall be shown as 1:26-cv-08584-KES-CDB. (Deputy Clerk VMG) (Entered: 10/22/2026)
Oct 22, 2026
SERVICE BY MAIL: 10 Minute Order, served on Alfredo Cruz. (Deputy Clerk VMG)
Oct 22, 2026
Minute Order
Oct 22, 2026
Service by Mail
#11
Oct 23, 2026
MOTION to DISMISS by Warden, Central Valley Annex. (Andrews, Anthony) (Entered: 10/23/2026)
Main Document:
Dismiss
Parties
(HC) Cruz
Party
Warden, Central Valley Annex
Party