(HC) Amador Andrade v. Warden, California City Correctional Center
| Cesar Daniel Amador Andrade |
| Warden, California City Correctional Center |
| 1:2026cv02936 |
| April 20, 2026 |
| U.S. District Court for the Eastern District of California |
| Dena M Coggins |
| Sean C Riordan |
| Habeas Corpus - Alien Detainee |
| 8 U.S.C. ยง 1105 (a) Aliens: Habeas Corpus to Release INS Detainee |
| None |
Docket Report
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This docket was last retrieved on June 18, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 RESPONSE by Warden, California City Correctional Center to #11 Brief. (Andrews, Anthony) |
| Filing 11 SUPPLEMENTAL BRIEF on the Merits of the #1 Petition for Writ of Habeas Corpus filed by Cesar Daniel Amador Andrade. (Vieira Santanna, Natalia) Modified on 6/17/2026 (KS). |
| Filing 10 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 5/27/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. #9 . Attorney Natalia Vieira Santanna is hereby appointed nunc pro tunc to 5/27/2026 as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Natlia Vieira Santanna, Santanna Law Offices PC, 1900 Fruitvale Ave, Ste 3F, Oakland, CA 94601, 510-922-0152, [email protected], as counsel for petitioner in this matter. Appointed counsel is directed to review the briefing schedule in the undersigned's 5/20/2026, order (ECF No. #9 ) (cc: Federal Defender Habeas Appointment) (Deputy Clerk SH) |
Filing 9
ORDER signed by Magistrate Judge Sean C. Riordan on 5/19/26 ORDERING that within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Courtroom Deputy for Magistrate Judge Sean Riordan, who shall update the docket to reflect counsel's appointment. Based on the appointment of counsel, the court sua sponte GRANTS Petitioner leave to file a brief on the merits of the 2241 petition. Appointed counsel is further encouraged to brief Petitioner's substantive due process rights using the five-factor test. Within 7 days from Petitioner's merits brief, Respondent shall file an answer/return or a notice indicating that they will stand on the previously filed opposition. Petitioner shall have 3 days from the date of Respondent's answer/return or notice to file a reply. (cc Federal Defender Habeas Appointment) (Deputy Clerk JAW)
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| SERVICE BY MAIL: #9 Order served on Cesar Daniel Amador Andrade. (Deputy Clerk JAW) |
| SERVICE BY MAIL: ECF No. 8, Minute Order served on Cesar Daniel Amador Andrade. (Deputy Clerk KLY) |
| Filing 8 MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 5/12/2026: In Respondents' #7 Opposition to Petitioner's #2 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's claim from those cited in the court's 4 Order by noting that Petitioner was detained immediately following his release from prison in relation to his conviction for driving under the influence, his second conviction for that offense. Respondents attach Petitioner's FBI RAP sheet reflecting both convictions. The court has previously found that where the government presents non-pretextual reasons to re-detain a noncitizen previously released into the United States, the proper remedy for the government's failure to provide a pre-deprivation bond hearing is a post-deprivation bond hearing, not immediate release. See, e.g., Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627 (E.D. Cal. Jan. 31, 2026). However, as Respondents further emphasize, Petitioner was provided a bond hearing on 4/16/2026, where the immigration judge denied bond based to a lack of jurisdiction, or in the alternative, denied bond finding that Petitioner "is a danger to the community" because he "was convicted of DUI for two separate offenses." (Doc. No. 7 at 54.) Respondent did not file a Reply contesting these allegations, and his time to do so has expired. Thus, Petitioner has been afforded the relief he is entitled to by his #2 Motion for a Temporary Restraining Order. To the extent Petitioner challenges the conditions of his confinement relating to his medical needs, those claims are properly brought in a civil rights suit, not a petition for writ of habeas corpus. See Pinson v. Carvajal, 69 F.4th 1059 (9th Cir. 2023). Accordingly, Petitioner's #2 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned magistrate judge for further proceedings. (Text Only Entry) (Deputy Clerk MCF) |
| Filing 7 OPPOSITION to #1 Petition for Writ of Habeas Corpus, #2 Motion for Temporary Restraining Order, and Injunctive Relief by Warden, California City Correctional Center. (Andrews, Anthony) Modified on 4/28/2026 (HAH). |
| Filing 6 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Correctional Center. Attorney Audrey Benison Hemesath, GOVT terminated. (Andrews, Anthony) |
| RECEIPT number 200018513 for $5.00 from Cesar Daniel Amador Andrade. (Deputy Clerk OML) |
| Filing 5 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) |
| Filing 4 MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 4/20/2026: The court has reviewed Petitioner's #1 Petition for Writ of Habeas Corpus and #2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count Two of the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). 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 Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); 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). Respondents shall file an Opposition or Statement of Non-Opposition to the #2 Motion for Temporary Restraining Order by 12:00 PM on 4/23/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 5/7/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count Two only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. 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 JRW) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/26/2026. (Attachments: #1 Litigant Letter) (Deputy Clerk KML) |
| Filing 2 MOTION for TEMPORARY RESTRAINING ORDER by Cesar Daniel Amador Andrade. (Deputy Clerk KML) |
| Filing 1 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Cesar Daniel Amador Andrade. [$5 filing fee received. Receipt to be docketed on 4/21/2026] (Deputy Clerk KML) |
| SERVICE BY MAIL: 4 Minute Order served on Cesar Daniel Amador Andrade. (Deputy Clerk JRW) |
| SERVICE BY MAIL: #3 Prisoner New Case Documents served on Cesar Daniel Amador Andrade. (Deputy Clerk KML) |
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| Petitioner: Cesar Daniel Amador Andrade | |
| Represented By: | Natalia Vieira Santanna |
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| Respondent: Warden, California City Correctional Center | |
| Represented By: | US Attorney's Office- 463 Unit |
| Represented By: | Anthony Andrews |
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