Eastern District of California • 2:26-cv-00658
(HC) Cobis-Gamboa v. Warden
Completed
Case Information
Filed: March 02, 2026
Assigned to:
Dena M. Coggins
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 24, 2026
Last Activity:
August 18, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 02, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk OML) (Entered: 03/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/6/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 03/02/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#3
Mar 02, 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: 03/02/2026)
Main Document:
CONSENT/DECLINE
#4
Mar 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk OML) (Entered: 03/03/2026)
Main Document:
Temporary Restraining Order
Mar 02, 2026
RECEIPT number 200017327 for $5.00 for Habeas Filing Fee. (Deputy Clerk AMW)
Mar 02, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk OML)
Mar 02, 2026
Service by Mail
#5
Mar 04, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/4/2026: The Court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 4 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 4 Motion for Temporary Restraining Order by 12:00 PM on 3/6/2026. 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 3/16/2026. 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 CRS) (Entered: 03/04/2026)
Mar 04, 2026
SERVICE BY MAIL: Minute Order, Doc. No. 5, served on Elis Jose Gregorio Cobis-Gamboa. (Text Only Entry) (Deputy Clerk CRS)
Mar 04, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Mar 04, 2026
Service by Mail
#6
Mar 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Pamela Jo Bondi,Anthony Andrews for Todd M. Lyons,Anthony Andrews for Kristi Noem,Anthony Andrews for Warden, attorney Christopher William Dextre, GOVT terminated (Andrews, Anthony) (Entered: 03/05/2026)
Main Document:
DESIGNATION
#7
Mar 05, 2026
CERTIFICATE / PROOF of SERVICE by Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden re 6 Designation of Counsel,. (Andrews, Anthony) (Entered: 03/05/2026)
Main Document:
Certificate / Proof of Service
#8
Mar 05, 2026
OPPOSITION to 4 Motion for Temporary Restraining Order and Preliminary Injunction, and RETURN on 1 Petition for Writ of Habeas Corpus by Respondents re 3/04/2026 Minute Order. (Andrews, Anthony) Modified on 3/6/2026 (KLY). (Entered: 03/05/2026)
Main Document:
OPPOSITION
#9
Mar 25, 2026
ORDER signed by District Judge Dena M. Coggins on 03/24/26 GRANTING 8 (at footnote 1) Request for Judicial Notice and DENYING 4 Motion for TRO. This case is referred to the assigned Magistrate Judge for further proceedings. (Deputy Clerk KML) (Entered: 03/25/2026)
Mar 25, 2026
Service by Mail
Mar 25, 2026
SERVICE BY MAIL: 9 Order served on Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk KML)
#10
Mar 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 3/28/2026: Petitioner (A No. 246-105-773) is GRANTED 21 (twenty-one) days within which to file a reply to Respondents' 3/5/2026, 8 Answer to Petition for Writ of Habeas Corpus. (Text Only Entry) (Deputy Clerk LMK) (Entered: 03/28/2026)
Mar 28, 2026
Service by Mail
Mar 28, 2026
SERVICE BY MAIL: 10 Minute Order served on Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk LMK)
Mar 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Apr 02, 2026
REPLY to 8 Opposition by Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk VLC) (Entered: 04/03/2026)
Main Document:
REPLY
#12
Apr 27, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/27/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus fi be denied. Referred to Judge Dena Coggins. Objections due within 14 days after being served with these Findings and Recommendations. (Deputy Clerk VLK) (Entered: 04/27/2026)
Apr 27, 2026
Service by Mail
Apr 27, 2026
SERVICE BY MAIL: 12 Findings and Recommendations served on Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk VLK)
#13
Apr 30, 2026
OBJECTIONS to 12 Findings and Recommendations by Petitioner Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk OML) (Entered: 05/01/2026)
Main Document:
Objections to Findings and Recommendations
#14
Jun 18, 2026
MOTION to FILE Supplemental Objections to 12 Findings and Recommendations and REQUEST for IMMEDIATE RELEASE by Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk VLC) (Entered: 06/22/2026)
Main Document:
Extension of Time AND Miscellaneous Relief
#15
Jun 24, 2026
ORDER signed by District Judge Dena M. Coggins on 6/23/2026 GRANTING 14 Motion to File Supplemental Objections, DECLINING to Adopt the 12 Findings and Recommendations, and GRANTING IN PART 1 Petition for Writ of Habeas Corpus. Within 14 days from this order, Respondents are ORDERED to provide Petitioner Elis Jose Gregorio Cobis-Gamboa 246-105-773 a bond hearing before an immigration judge at which the government shall bear the burden of proving, by clear and convincing evidence, that Petitioner is either a flight risk or risk to community safety such that Petitioner's continued immigration detention is justified and if Respondents fail to provide Petitioner a bond hearing within fourteen 14 days, Petitioner shall be immediately released from Respondents' custody on the same terms as Petitioner's previous release. The court is DIRECTED to enter judgment for Petitioner and close this case. CASE CLOSED. (cc California City) (Deputy Clerk AMW) (Entered: 06/24/2026)
#16
Jun 24, 2026
JUDGMENT dated *6/24/2026* pursuant to order signed by District Judge Dena M. Coggins on 6/23/2026 in favor of Petitioner. (Deputy Clerk AMW) (Entered: 06/24/2026)
Main Document:
Judgment
#17
Jun 24, 2026
REQUEST FOR STATUS by Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk AJB) (Entered: 06/26/2026)
Main Document:
REQUEST
#18
Jun 24, 2026
REQUEST to FILE SUPPLEMENTAL AUTHORITY by Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk AJB) (Entered: 06/26/2026)
Main Document:
REQUEST
Jun 24, 2026
SERVICE BY MAIL: 15 Order Adopting Findings and Recommendations and 16 Judgment served on Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk AMW)
Jun 24, 2026
Service by Mail
#19
Jun 29, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 6/29/2026: The court has reviewed Petitioner's 17 Request for Status and 18 Request to File Supplemental Authority, which were both entered on the docket on the same day as the court's 15 Order granting in part Petitioner's 1 Petition for Writ of Habeas Corpus. The court addressed the issues raised in both requests in that Order. Accordingly, Petitioner's 17 Request for Status and 18 Request to File Supplemental Authority are DENIED as having been rendered moot by the court's 15 Order. This case shall remain closed. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/29/2026)
Jun 29, 2026
Service by Mail
Jun 29, 2026
SERVICE BY MAIL: 19 Minute Order, filed at Doc. No. 19, served on Elis Jose Gregorio Cobis-Gamboa. (Text Only Entry) (Deputy Clerk CRS)
Jun 29, 2026
Minute Order AND Order
#20
Jul 20, 2026
MOTION to ENFORCE JUDGMENT, MOTION to APPOINT COUNSEL by Elis Jose Gregorio Cobis-Gamboa. (Deputy Clerk VLK) (Entered: 07/22/2026)
Main Document:
Appoint Counsel AND Enforce Judgment
#21
Jul 22, 2026
STATUS REPORT by Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden. (Andrews, Anthony) (Entered: 07/22/2026)
Main Document:
STATUS
#22
Jul 28, 2026
OPPOSITION by Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden to 20 Motion to Enforce Judgment, Motion to Appoint Counsel. (Andrews, Anthony) (Entered: 07/28/2026)
Main Document:
Opposition to Motion
#23
Jul 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Pamela Bondi,Joseph Douglas Harman, GOVT for Todd M. Lyons,Joseph Douglas Harman, GOVT for Kristi Noem,Joseph Douglas Harman, GOVT for Warden (Harman, Joseph) (Entered: 07/29/2026)
Main Document:
DESIGNATION
#24
Jul 30, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/30/2026: In Petitioner's 20 Motion to Enforce Judgment and Appoint Counsel, Petitioner contends that the bond hearing provided to him pursuant to this court's 15 Order did not comply with that Order. In their 22 Opposition, Respondents argue that Petitioner's "broad allegations are insufficient to demonstrate a violation of Due Process." Respondents attach a transcript of the bond hearing and the Immigration Judge's order to their 22 Opposition. When considering whether an Immigration Judge applied the proper standard in a bond hearing, the district court "in the absence of any red flags," takes the Immigration Judge at its word. See Martinez v. Clark, 124 F.4th 775, 785 (9th Cir. 2024). Upon review of the bond hearing transcript, the court does not find any red flags demonstrating that the Immigration Judge applied the wrong standard. Indeed, in both the bond hearing and the order denying bond the Immigration Judge reiterates that the Government must prove Petitioner's continued detention is justified by clear and convincing evidence, considers the evidence presented by both parties, then holds that Petitioner's "numerous convictions demonstrate a danger to the community and disregard for the laws of the State of New York." To the extent Petitioner contends that the evidence submitted by the government was insufficient to meet the applied standard, that argument is properly brought before the Board of Immigration Appeals, not this court. See Loba L.M. v. Andrews, No. 1:25-CV-00611-JLT-SAB, 2026 WL 710307, at *8 (E.D. Cal. Mar. 13, 2026) ("Petitioner challenges the sufficiency of the evidence supporting the immigration judge's bond determination rather than the constitutionality of the process by which that determination was reached... Complaints about the conclusion the IJ reached must be presented through the normal immigration appeal process."). Accordingly, Petitioner's 20 Motion to Enforce Judgement and Appoint Counsel is DENIED. This matter shall remain closed. (Text Only Entry) (Deputy Clerk CRS) (Entered: 07/30/2026)
Jul 30, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 24, served on Elis Jose Gregorio Cobis-Gamboa. (Text Only Entry) (Deputy Clerk CRS)
Jul 30, 2026
Service by Mail
Jul 30, 2026
Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Enforce Judgment AND ~Util - 1 Terminate Deadlines and Hearings
#25
Aug 18, 2026
NOTICE of RELATED CASE(S) 2:26-cv-00658-DC-CKD, 1:26-cv-06542-JLT-SAB by Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden. (Yu, Jonathan) (Entered: 08/18/2026)
Main Document:
Notice of Related Case
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