Eastern District of California • 1:26-cv-08739
(HC) Cutz Torres v. Andrews
Active
Case Information
Filed: October 23, 2026
Assigned to:
Dena M. Coggins
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 28, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 23, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Juan Robinson Cutz Torres. (Deputy Clerk DAR) (Entered: 10/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 23, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Juan Robinson Cutz Torres. (Deputy Clerk DAR) (Entered: 10/27/2026)
Main Document:
In Forma Pauperis
#3
Oct 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Robinson Cutz Torres. (Deputy Clerk DAR) (Entered: 10/27/2026)
Main Document:
Temporary Restraining Order
#4
Oct 23, 2026
MOTION to APPOINT COUNSEL by Juan Robinson Cutz Torres. (Deputy Clerk DAR) (Entered: 10/27/2026)
Main Document:
Appoint Counsel
#5
Oct 27, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 10/27/2026)
Main Document:
Immigration New Case Documents
#6
Oct 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Tonya Andrews (Yu, Jonathan) (Entered: 10/27/2026)
Main Document:
DESIGNATION
#7
Oct 27, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/27/2026: 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). This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (see, e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)), and where noncitizens were detained by immigration authorities to facilitate removal pursuant to a removal order (see, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025); Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025)). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 10/30/2026. In their response, Respondents shall indicate whether Petitioner was previously released from immigration custody, and whether Petitioner is in active removal proceedings and, if so, what the status of those proceedings are, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's applicable orders cited above. Petitioner may file a Reply by 11/13/2026. Finally, the court is contemplating ruling directly on the 1 Petition. See 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). Both parties shall 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: 10/27/2026)
Oct 27, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Juan Robinson Cutz Torres. (Text Only Entry) (Deputy Clerk CRS)
Oct 27, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Juan Robinson Cutz Torres. (Deputy Clerk DAR)
Oct 27, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Oct 27, 2026
Service by Mail
#8
Oct 28, 2026
NOTICE of RELATED CASE(S) 1:26-cv-03633-EJD, 1:26-cv-04276-EJD, 1:26-cv-08739-DC-CSK by Tonya Andrews. (Yu, Jonathan) (Entered: 10/28/2026)
Main Document:
NOTICE
Oct 28, 2026
Minute Order AND Order Reassigning Case AND ~Util - Create Case Association
Oct 28, 2026
Service by Mail
Parties
Andrews
Party
(HC) Cutz Torres
Party