Eastern District of California • 1:26-cv-01610

(HC) G.B. v. Warden of Golden State Annex

Active

Case Information

Filed: February 25, 2026
Assigned to: Kirk E. Sherriff
Referred to: Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 26, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 25, 2026
Petition for Writ of Habeas Corpus
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 26, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 02/26/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Feb 26, 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: 02/26/2026)
Main Document: CONSENT/DECLINE
#4
Feb 26, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Julio G.B.. (Attachments: # 1 Declaration of counsel, # 2 Memorandum, # 3 Proposed Order)(Gutierrez, Bonita) (Entered: 02/26/2026)
Main Document: Temporary Restraining Order
#5
Feb 26, 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: 02/26/2026)
Main Document: CONSENT/DECLINE
#6
Feb 26, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 2/26/2026: Respondents shall file any opposition to the 2 motion for temporary restraining order by March 4, 2026. Petitioner may file a reply by March 6, 2026. The parties shall indicate in their briefing their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction. The parties shall also state whether they request a hearing on the 2 motion. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Voyles, J.) (Entered: 02/26/2026)
#7
Feb 26, 2026
MOTION to DISMISS by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex. (Yu, Jonathan) (Entered: 02/26/2026)
Main Document: Dismiss
#8
Feb 26, 2026
RESPONSE by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex to 6 Minute Order,,, 4 Motion for Temporary Restraining Order. (Yu, Jonathan) (Entered: 02/26/2026)
Main Document: RESPONSE
Feb 26, 2026
Minute Order
#9
Mar 06, 2026
REPLY by Julio G.B. re 7 Motion to Dismiss, 8 Response. (Gutierrez, Bonita) (Entered: 03/06/2026)
Main Document: REPLY
#10
Mar 06, 2026
Pseudonym
Main Document: Pseudonym
#11
Mar 20, 2026
STATUS REPORT by Julio G.B.. (Gutierrez, Bonita) (Entered: 03/20/2026)
Main Document: STATUS
#12
Mar 23, 2026
Order on Motion for Pseudonym
Main Document: Order on Motion for Pseudonym
#13
Mar 23, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/23/2026: (Text Only Entry): The 4 motion for temporary restraining order is denied. Petitioner argues that his detention violates the Due Process Clause and the Immigration and Nationality Act. But his motion indicates that he has already received at least one § 1226(a) bond hearing, as recently as January 21, 2026, and the immigration judge denied bond after finding that petitioner was a flight risk and a danger. See Doc. 4-1, Ex. 3. The Ninth Circuit has upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). Section 1226(a)'s procedures include placing the burden on the detainee to demonstrate that he is not a flight risk or danger. Id. at 1197, 1210 (citing Matter of Guerra, 24 I. & N. Dec. 37, 40 (B.I.A. 2006)). Petitioner received the process required by 8 U.S.C. § 1226(a). Petitioner argues that the burden should have been on the government to prove that he was both a flight risk and a danger to the community, citing cases in which courts considered the re-detention of a noncitizen who was released from custody following a determination under 8 C.F.R. § 1236.1(c)(8) that she was not a flight risk or danger and then was subsequently re-detained. See Doc. 4-2 at 16 (citing Carmen G.C. v. Robbins, No. 1:25-cv-01648-KES-HBK (HC), 2025 WL 3521304, at *7 (E.D. Cal. Dec. 8, 2025)). Petitioner argues that he similarly received a determination that he was not a flight risk or danger because immigration officials previously granted him deferred action on six occasions. See Doc. 4-2 at 14-16. But a grant of deferred action does not reflect a determination as to whether the individual is a flight risk. See 8 C.F.R. § 236.22(b)(6). Even assuming, without deciding, that petitioner were correct that the IJ should have placed the burden on the government to prove that petitioner was a danger, petitioner fails to show any error in placing the burden on petitioner to show that he was not a flight risk. Petitioner has therefore failed to show a likelihood of success on his claims. This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (Deputy Clerk VMG) (Entered: 03/23/2026)
Mar 23, 2026
Minute Order AND Order on Motion for TRO
#14
Mar 24, 2026
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/24/2026: (Text Only Entry). On March 23, 2026, the District Court issued an order 13 denying a temporary restraining order and referring the matter to the undersigned for further proceedings. The parties are directed to advise the Court within five (5) days whether they wish to provide additional briefing. If the parties do not respond within the specified time, the Court will assume the parties wish to proceed on their current submissions. (Deputy Clerk WAK) (Entered: 03/24/2026)
Mar 24, 2026
Minute Order
#15
Mar 25, 2026
RESPONSE by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex to 14 Minute Order,,. (Yu, Jonathan) (Entered: 03/25/2026)
Main Document: RESPONSE
#16
Mar 27, 2026
STATUS REPORT by Julio G.B.. (Gutierrez, Bonita) (Entered: 03/27/2026)
Main Document: STATUS
#17
Apr 01, 2026
Amended Petition for Writ of Habeas Corpus
Main Document: Amended Petition for Writ of Habeas Corpus
#18
Apr 06, 2026
06 - HC/Order Requiring Respondent to File a Response
Main Document: 06 - HC/Order Requiring Respondent to File a Response
#19
Apr 15, 2026
STIPULATION re 18 Order Directing Respondent to File a Response to the Petition, Joint Case Management Statement by Julio G.B.. (Gutierrez, Bonita) (Entered: 04/15/2026)
Main Document: STIPULATION
#20
Apr 16, 2026
MINUTE ORDER (TEXT ONLY): On April 15, 2026, the parties submitted a joint case management statement 19 regarding briefing the amended petition. Pursuant to the joint statement, Respondent's answer is due by April 27, 2026, and Petitioner's traverse is due by April 30, 2026, whereupon the matter will be fully briefed. Minute order signed by Magistrate Judge Frank J. Singer on 4/16/2026. (Deputy Clerk EV) (Entered: 04/16/2026)
Apr 16, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#21
Apr 26, 2026
Notice of Related Case
Main Document: Notice of Related Case

Parties

(HC) G.B.
Party
Warden of Golden State Annex
Party