Eastern District of California • 2:26-cv-00428

(HC) Betancur v. Warden of the California City Detention Center

Active

Case Information

Filed: February 13, 2026
Assigned to: Dena M. Coggins
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: February 23, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 13, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the California City Detention Center by Gerson Danilo Betancur. (Deputy Clerk VLK) (Entered: 02/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Gerson Danilo Betancur. (Deputy Clerk VLK) (Entered: 02/13/2026)
Main Document: Temporary Restraining Order
Feb 13, 2026
RECEIPT number 200017094 for $5.00 for filing fee from Gerson Betancur. (Deputy Clerk VLK)
#3
Feb 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Ihsan U. Ahmed for Warden of the California City Detention Center (Ahmed, Ihsan) (Entered: 02/16/2026)
Main Document: DESIGNATION
#4
Feb 16, 2026
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) (Entered: 02/16/2026)
Main Document: CONSENT/DECLINE
#5
Feb 17, 2026
Prisoner New Case Documents for DJ Presider
Main Document: Prisoner New Case Documents for DJ Presider
#6
Feb 17, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 2/17/2026: 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 2/19/2026. 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 2/20/2026. 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. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 12:00 PM on 2/18/2026. 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: 02/17/2026)
Feb 17, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Gerson Danilo Betancur. (Deputy Clerk HAH)
Feb 17, 2026
Service by Mail
Feb 17, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#7
Feb 18, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus; OPPOSITION to Preliminary Injunction; OPPOSITION to 2 Temporary Restraining Order filed by Warden of the California City Detention Center. (Attachments: # 1 Certificate of Service)(Ahmed, Ihsan) (Docket Text Modified on 2/18/2026 by CRS.) (Entered: 02/18/2026)
Main Document: RESPONSE
#8
Feb 18, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 2/18/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents continue to oppose issuance of a Temporary Restraining Order. However, Respondents do not identify any material distinction between this case and the court's previous decisions in Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (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), and other cases addressing the same issue presented here. Accordingly, pursuant to the court's reasoning in Labrador, Selis Tinoco, and D.L.C., Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Petitioner shall be released immediately from the Respondents' custody; (2) Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; and (3) If the Government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter pursuant to 8 U.S.C. § 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond must be considered. This Order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable Final Order of Removal and Petitioner receives notice of that Final Order of Removal. Moreover, in light of Respondents' non-opposition to treating Petitioner's Motion for a Temporary Restraining Order as a Motion for Preliminary Injunction (See Doc. No. 7), and given that the standard for issuing a Temporary Restraining Order is "substantially identical" to the standard for issuing a Preliminary Injunction, Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001), the court hereby ISSUES a Preliminary Injunction on the same terms. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 02/18/2026)
Feb 18, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Feb 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Feb 23, 2026
Service by Mail