Eastern District of California • 1:26-cv-02116

(HC) Martinez Gabarrete v. Murray

Active

Case Information

Filed: March 17, 2026
Assigned to: Jennifer L. Thurston
Referred to: Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 15, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 17, 2026
PETITION for WRIT of HABEAS CORPUS against Polly Kaiser, Todd Lyons, Ron Murray by Gustavo Adolfo Martinez Gabarette. (Filing fee $ 5, receipt number ACAEDC-13044753) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit, # 4 Exhibit)(Lal, Prerna) (Entered: 03/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 17, 2026
MOTION for PRELIMINARY INJUNCTION by Gustavo Adolfo Martinez Gabarette. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proof of Service, # 4 Proposed Order)(Lal, Prerna) (Entered: 03/17/2026)
Main Document: Preliminary Injunction
#3
Mar 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/20/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/17/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 17, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner asserts that he has been detained since October 2025 (Doc. 2-1 at 4), more than 5 months ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on March 17, 2026. (Deputy Clerk IM) (Entered: 03/17/2026)
#5
Mar 17, 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: 03/17/2026)
Main Document: CONSENT/DECLINE
Mar 17, 2026
Order on Motion for Preliminary Injunction
#7
Apr 08, 2026
Dismiss
Main Document: Dismiss
#8
Apr 09, 2026
Notice (Other)
Main Document: Notice (Other)
#9
Apr 15, 2026
Findings and Recommendations
Main Document: Findings and Recommendations

Parties

(HC) Martinez Gabarrete
Party
Murray
Party