Eastern District of California • 1:26-cv-08865

(HC)Pacheco Rios v. Andrews

Active

Case Information

Filed: October 28, 2026
Assigned to: Dena M. Coggins
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 30, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 28, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Todd Blanche, David Venturella, ICE/ECRO, Markwayne Mullin by Andres Cristino Pacheco Rios. (Deputy Clerk LMS) (Entered: 10/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 28, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Andres Cristino Pacheco Rios. (Deputy Clerk LMS) (Entered: 10/29/2026)
Main Document: In Forma Pauperis
#3
Oct 28, 2026
MOTION for APPOINTMENT of COUNSEL by Andres Cristino Pacheco Rios. (Deputy Clerk LMS) (Entered: 10/29/2026)
Main Document: Appoint Counsel
#4
Oct 28, 2026
EX PARTE MOTION for TEMPORARY RESTRAINING ORDER by Andres Cristino Pacheco Rios. (Deputy Clerk LMS) (Entered: 10/29/2026)
Main Document: Temporary Restraining Order
#5
Oct 29, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 10/29/2026)
Main Document: Immigration New Case Documents
#6
Oct 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Tonya Andrews,Anthony Andrews for Todd Blanche,Anthony Andrews for ICE/ECRO,Anthony Andrews for Markwayne Mullin,Anthony Andrews for David Venturella (Andrews, Anthony) (Entered: 10/29/2026)
Main Document: DESIGNATION
#7
Oct 29, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 10/29/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 4 Motion for Temporary Restraining Order. From these filings, it is unclear whether Petitioner has previously been released from immigration custody, or whether the challenged detention is Petitioner's first contact with immigration authorities. 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); 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)), and 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)). Respondents shall file an Opposition or Statement of Non-Opposition to the 4 Motion for Temporary Restraining Order by 12:00 PM on 11/2/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, 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 11/16/2026. Finally, 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 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 MCF) (Entered: 10/29/2026)
Oct 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 29, 2026
Service by Mail
Oct 29, 2026
SERVICE BY MAIL: 7 Minute Order served on Andres Cristino Pacheco Rios. (Deputy Clerk MCF)
#8
Oct 30, 2026
Dismiss
Main Document: Dismiss

Parties

Andrews
Party
(HC)Pacheco Rios
Party