Eastern District of California • 1:26-cv-09014

(HC)Cruz Rivas v. Warden of the Central Valley Annex Detention Facility

Active

Case Information

Filed: November 02, 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: November 03, 2026
Parties: View All Parties →

Docket Entries

#1
Nov 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Central Valley Annex Detention Facility by Jose Cruz Rivas. (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#3
Nov 02, 2026
MOTION for APPOINTMENT of COUNSEL by Jose Cruz Rivas. (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: Appoint Counsel
#4
Nov 02, 2026
EX PARTE MOTION for TEMPORARY RESTRAINING ORDER by Jose Cruz Rivas. (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: Temporary Restraining Order
#2
Nov 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jose Cruz Rivas. (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: In Forma Pauperis
#5
Nov 03, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: Immigration New Case Documents
#6
Nov 03, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 11/3/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 4 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 4 Motion for Temporary Restraining Order by 12:00 PM on 11/5/2026. 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 11/19/2026. 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: 11/03/2026)
#7
Nov 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden of the Central Valley Annex Detention Facility (Rodriguez, Elisa) (Entered: 11/03/2026)
Main Document: DESIGNATION
Nov 03, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Nov 03, 2026
Service by Mail
Nov 03, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Jose Cruz Rivas. (Deputy Clerk LMS)
Nov 03, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Jose Cruz Rivas. (Text Only Entry) (Deputy Clerk CRS)

Parties

(HC)Cruz Rivas
Party
Warden of the Central Valley Annex Detention Facility
Party