Eastern District of California • 1:26-cv-08803
(HC)Cruz-Rosales v. Andrews
Active
Case Information
Filed: October 26, 2026
Assigned to:
Troy Lynne Nunley
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:
November 04, 2026
Parties:
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Docket Entries
#1
Oct 26, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin, ICE/ERO, David Venturella, Todd Blanche, Tonya Andrews by Rosendo Cruz-Rosales. (Deputy Clerk LMS) (Entered: 10/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 26, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rosendo Cruz-Rosales. (Deputy Clerk LMS) (Entered: 10/27/2026)
Main Document:
Temporary Restraining Order
#3
Oct 26, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Rosendo Cruz-Rosales. (Deputy Clerk LMS) (Entered: 10/27/2026)
Main Document:
In Forma Pauperis
#4
Oct 26, 2026
MOTION for APPOINTMENT of COUNSEL by Rosendo Cruz-Rosales. (Deputy Clerk LMS) (Entered: 10/27/2026)
Main Document:
Appoint Counsel
#5
Oct 27, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 10/27/2026)
Main Document:
Immigration New Case Documents
#6
Oct 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/27/2026: 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: 10/27/2026)
Oct 27, 2026
SERVICE BY MAIL: 6 Minute Order served on Rosendo Cruz-Rosales. (Deputy Clerk MDK)
Oct 27, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Rosendo Cruz-Rosales. (Deputy Clerk LMS)
Oct 27, 2026
Minute Order
Oct 27, 2026
Service by Mail
#7
Oct 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews,Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for ICE/ERO,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for David Venturella (Rodriguez, Elisa) (Entered: 10/28/2026)
Main Document:
DESIGNATION
#8
Oct 29, 2026
RESPONSE by Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella to 1 Petition for Writ of Habeas Corpus. (Rodriguez, Elisa) (Entered: 10/29/2026)
Main Document:
RESPONSE
#9
Nov 01, 2026
MOTION to Accept Late Filed Exhibit by Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella. (Rodriguez, Elisa) (Entered: 11/01/2026)
Main Document:
Miscellaneous Relief
#10
Nov 02, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 11/02/2026 GRANTING the 1 Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Petitioner Rosendo C.R. (A# 233-681-963) from custody. At the time of release, Respon dents 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, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum 7 days' notice and a pre-deprivation hearing before a neutral factfinder where the gover nment must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from d etention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Petitioner's 3 Motion to Proceed IFP is GRANTED. Petitioner's 2 Motion for Temporary Restraining Order and 4 Motion to Appoint Counsel are DENIED as moot. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KS)
#11
Nov 02, 2026
Judgment
Main Document:
Judgment
Nov 02, 2026
Service by Mail
#12
Nov 04, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
Andrews
Party
(HC)Cruz-Rosales
Party