Johmmy Arnaldo Garcia v. Chad T. Wolf et al
Petitioner: Johmmy Arnaldo Garcia
Respondent: Matthew T Albence, David A. Marin, James Janecka, Thomas P. Giles, Chad T. Wolf, Gabriel Valdez and Matthew T. Albence
Case Number: 5:2020cv00796
Filed: April 15, 2020
Court: US District Court for the Central District of California
Presiding Judge: Terry J Hatter
Referring Judge: Sheri Pym
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2020 Opinion or Order Filing 17 SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has considered the evidence and arguments presented in favor of and against Petitioners petition for a writ of habeas corpus. The Court will combine the evidentiary hearing on Petitioners petition for a writ of habeas corpus with a court trial on Petitioners claims for injunctive and declaratory relief. Each side will be allowed 8 hours to present their case. The time limit includes all aspects of the case, including opening statements, direct and cross examinations, arguments on objections, and closing arguments. In lieu of closing arguments, the parties may file closing briefs, of no more than 25 pages, no later than ten days after the conclusion of the evidentiary hearing and trial. The following dates are subject to change by the Court in response to the COVID-19 pandemic; at this time, it is unclear as to when the First Street Courthouse will re-open for evidentiary hearings and court trials for civil cases. Discovery cut-off 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020., Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary Hearing and Court Trial set for 10/6/2020 at 10:00 a.m., Final Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth Circuit has not yet reached the issue, it is clear to the Court that it has the inherent authority, at least in extraordinary cases, to release detainees on bail during the pendency of their habeas petitions. See order for further details. DOCKETED IN THIS CASE PER PAGE ATTACHMENT. (mrgo)
April 24, 2020 Filing 16 STAY CASE by Judge Terry J. Hatter, Jr.: It is Ordered that, pursuant to the Preliminary Injunction issued in Roman, Petitioner shall remain released pending a final resolution of Roman or further order of the Court. It is further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (shb)
April 20, 2020 Opinion or Order Filing 15 SEALED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. (shb)
April 17, 2020 Filing 14 DECLARATION of Chelsea Bell re Minutes of In Chambers Order/Directive - no proceeding held,, #11 regarding Petitioner's release plan filed by Petitioner Johmmy Arnaldo Garcia. (Comstock, Hannah)
April 17, 2020 Filing 13 DECLARATION of Chelsea Bell re Minutes of In Chambers Order/Directive - no proceeding held,, #11 regarding Petitioner's release plan filed by Petitioner Johmmy Arnaldo Garcia. (Comstock, Hannah)
April 17, 2020 Filing 12 SEALED DOCUMENT Sealed Ex. 1 - Mental Health Progress Note (Jan. 13, 2020) re Petition for Writ of Habeas Corpus,, #1 , Order on Motion for Leave to File Document Under Seal, #9 filed by Petitioner Johmmy Arnaldo Garcia. (Attachments: #1 Exhibit Sealed Ex. 3 - Medical Progress Note (Nov. 9, 2019), #2 Exhibit Sealed Ex. 2 - Mental Health Progress Note (Dec. 19, 2019))(Comstock, Hannah)
April 17, 2020 Opinion or Order Filing 11 MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, the Petitioner, or counsel, shall file, as soon as possible, a supplemental declaration setting forth the address of where Petitioner would reside, with whom Petitioner would reside, and how Petitioner would be transported to that residence, if the Court grants the requested relief. After filing, a copy of the declaration shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb)
April 17, 2020 Filing 10 Opposition to Application for Temporary Restraining Order Opposition re: First EX PARTE APPLICATION for Temporary Restraining Order as to Release of Civil Detainee at Adelanto #2 filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Gabriel Valdez, Chad T. Wolf. (Attachments: #1 Declaration Gabriel Valdez, #2 Declaration Anthony Santana)(Medrano, Alarice)
April 17, 2020 Opinion or Order Filing 9 ORDER GRANTING PETITIONERS APPLICATION FOR LEAVE TO FILE UNDER SEAL #3 by Judge Terry J. Hatter, Jr: Petitioners Application for Leave to File Under Seal the Petition for Writ of Habeas Corpus and the Declaration of Hannah K. Comstock in Support of Petitioners Application for Leave to File Under Seal, and for good cause appearing, the Application is hereby GRANTED. See order for further details. (shb)
April 16, 2020 Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Alarice M Medrano counsel for Respondents Matthew T. Albence, James Janecka, David A. Marin, Gabriel Valdez, Chad T. Wolf. Adding Alarice M. Medrano as counsel of record for Federal Respondents for the reason indicated in the G-123 Notice. Filed by Respondents Chad T Wolf, et al.. (Attorney Alarice M Medrano added to party Matthew T. Albence(pty:res), Attorney Alarice M Medrano added to party James Janecka(pty:res), Attorney Alarice M Medrano added to party David A. Marin(pty:res), Attorney Alarice M Medrano added to party Gabriel Valdez(pty:res), Attorney Alarice M Medrano added to party Chad T. Wolf(pty:res))(Medrano, Alarice)
April 16, 2020 Filing 7 MINUTE IN CHAMBERS - NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, April 17, 2020. See order for further details. (shb)
April 16, 2020 Filing 6 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Terry J. Hatter, Jr and referred to Magistrate Judge Sheri Pym, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car)
April 15, 2020 Filing 5 CIVIL COVER SHEET filed by Petitioner Johmmy Arnaldo Garcia. (Comstock, Hannah)
April 15, 2020 Filing 4 SEALED DECLARATION IN SUPPORT OF First APPLICATION to file document Petition for Writ of Habeas Corpus and Supporting Declaration and Exhibits under seal #3 filed by Petitioner Johmmy Arnaldo Garcia. (Attachments: #1 Unredacted Document Unredacted Petition for Writ of Habeas Corpus, #2 Unredacted Document Unredacted Declaration of Chelsea Bell, #3 Unredacted Document Unredacted Ex. 1 Mental Health Records, #4 Unredacted Document Unredacted Ex. 2 Mental Health Record, #5 Unredacted Document Unredacted Ex. 3 Medical Record)(Comstock, Hannah)
April 15, 2020 Filing 3 First APPLICATION to file document Petition for Writ of Habeas Corpus and Supporting Declaration and Exhibits under seal filed by Petitioner Johmmy Arnaldo Garcia. (Attachments: #1 Declaration Declaration of Munmeeth K. Soni, #2 Redacted Document Redacted Petition for Writ of Habeas Corpus, #3 Redacted Document Redacted Declaration of Chelsea Bell, #4 Proposed Order Proposed Order Granting Leave to File Under Seal)(Comstock, Hannah)
April 15, 2020 Filing 2 First EX PARTE APPLICATION for Temporary Restraining Order as to Release of Civil Detainee at Adelanto filed by Petitioner Johmmy Arnaldo Garcia. (Attachments: #1 Declaration Declaration of Munmeeth K. Soni, #2 Proposed Order Proposed Order Granting Temporary Restraining Order) (Comstock, Hannah)
April 15, 2020 Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26099871 for $5 filing fee, filed by Petitioner Johmmy Arnaldo Garcia. (Attachments: #1 Declaration REDACTED Declaration of Chelsea Bell, #2 Declaration Declaration of Kelly Miller, #3 Declaration Declaration of Lisa Okamoto, #4 Declaration Declaration of September Cervera, #5 Exhibit Ex. 4 - Declaration of Meyer, #6 Exhibit Ex. 5 - Declaration of Romines, #7 Exhibit Ex. 6 - Declaration of Mitchell et al., #8 Declaration Declaration of Munmeeth K. Soni, #9 Proposed Order Proposed Order to Show Cause) (Attorney Hannah Karin Comstock added to party Johmmy Arnaldo Garcia(pty:pet))(Comstock, Hannah)

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Respondent: Matthew T Albence
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Respondent: David A. Marin
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Alarice M Medrano
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Respondent: James Janecka
Represented By: OIL-DCS Trial Attorney
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Represented By: Alarice M Medrano
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Respondent: Thomas P. Giles
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Respondent: Chad T. Wolf
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Alarice M Medrano
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Respondent: Gabriel Valdez
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Alarice M Medrano
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Respondent: Matthew T. Albence
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Alarice M Medrano
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Petitioner: Johmmy Arnaldo Garcia
Represented By: Hannah Karin Comstock
Represented By: Lindsay Sara Toczylowski
Represented By: Munmeeth Kaur Soni
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