Eastern District of California • 1:26-cv-08339

(HC) Alvarado Miranda v. Warden, Mesa Verde Detention Facility

Active

Case Information

Filed: October 13, 2026
Assigned to: Dale Alan Drozd
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: October 30, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by David Hozett Alvarado Miranda. (Deputy Clerk KEZ) (Entered: 10/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by David Hozett Alvarado Miranda. (Deputy Clerk KEZ) (Entered: 10/19/2026)
Main Document: In Forma Pauperis
#3
Oct 13, 2026
MOTION to APPOINT COUNSEL by David Hozett Alvarado Miranda. (Deputy Clerk KEZ) (Entered: 10/19/2026)
Main Document: Appoint Counsel
#4
Oct 19, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk KEZ) (Entered: 10/19/2026)
Main Document: Immigration New Case Documents
Oct 19, 2026
Service by Mail
Oct 19, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on David Hozett Alvarado Miranda. (Deputy Clerk KEZ)
#5
Oct 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Edward Oh, GOVT for Warden, Mesa Verde Detention Facility (Oh, Edward) (Entered: 10/20/2026)
Main Document: DESIGNATION
#6
Oct 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 10/23/2026. Petitioner, David Hozett Alvarado Miranda (A# 240-465-163), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914. The petition, liberally construed, asserts two violations of petitioner's due process rights: one based on prolonged detention and another based generally on his detention without a bond hearing. Respondent is directed to respond to the petition within 7 days from the date of this order. See 28 U.S.C. § 2243. Respondent shall substantively address whether there are any factual or legal issues that materially distinguish this case from Zurita Navarro v. Warden, No. 1:26-cv-05661 DAD SCR, 2026 WL 2294963 (E.D. Cal. Aug. 9, 2026), Juan R.R. v. Warden of the Golden State Annex, No. 1:26-cv-4754 TLN SCR, 2026 WL 2137745 (E.D. Cal. July 24, 2026), Ramirez Godinez v. Warden of California City Det. Facility, No. 1:26-cv-5584 DC AC, 2026 WL 2455251 (E.D. Cal. Aug. 21, 2026), findings and recommendations adopted in 2026 WL 2494928 (E.D. Cal. Aug. 25, 2026), and other similar cases previously decided by this court. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. Any response must include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants or notices, and, if respondent disputes any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days after being served a copy of respondent's response. Respondent shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). 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. As soon as practicable, respondent shall notify the court of any such transfer. (Text Only Entry) (Deputy Clerk JAA) (Entered: 10/23/2026)
Oct 23, 2026
SERVICE BY MAIL: 6 Minute Order served on David Hozett Alvarado Miranda. (Deputy Clerk JAA)
Oct 23, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Oct 23, 2026
Service by Mail
#7
Oct 30, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus

Parties

(HC) Alvarado Miranda
Party
Warden, Mesa Verde Detention Facility
Party