Eastern District of California • 2:26-cv-01100

(HC) Gadea Duarte v. Warden

Completed

Case Information

Filed: March 25, 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: August 11, 2026
Last Activity: August 26, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 25, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden by Fernando Jose Gadea Duarte. (Deputy Clerk AMW) (Entered: 03/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 25, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Fernando Jose Gadea Duarte. (Deputy Clerk AMW) (Entered: 03/25/2026)
Main Document: Temporary Restraining Order
#3
Mar 25, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/27/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 03/25/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Mar 25, 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: 03/25/2026)
Main Document: CONSENT/DECLINE
Mar 25, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Fernando Jose Gadea Duarte. (Deputy Clerk AMW)
Mar 25, 2026
RECEIPT number 200017937 for $5.00 for Filing Fee from Fernando Jose Gadea Duarte. (Deputy Clerk VLK)
Mar 25, 2026
Service by Mail
#5
Mar 26, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/26/2026: 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 3/31/2026. 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 4/14/2026. 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: 03/26/2026)
Mar 26, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Mar 26, 2026
Service by Mail
Mar 26, 2026
PARTY UPDATE: The docket has been modified to reflect petitioner's full last name of Gadea Duarte. (Deputy Clerk KLY)
Mar 26, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Fernando Jose Gadea Duarte. (Text Only Entry) (Deputy Clerk CRS)
#6
Mar 31, 2026
RESPONSE to 5 Minute Order, OPPOSITION to Injunctive Relief, and ANSWER to 1 Petition for Writ of Habeas Corpus by Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) Modified on 4/9/2026 (HAH). (Entered: 03/31/2026)
Main Document: RESPONSE
#7
Apr 30, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/30/2026: In Respondents' 6 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's claim from those cited in the court's 5 Order by noting that Petitioner was detained after Respondents learned that Petitioner had been charged with misdemeanor assault subsequent to his prior release from immigration detention. (See Doc. Nos. 6 at 2; 6-1; 6-2.) Respondents attach documentation showing that Petitioner was specifically targeted for immigration detention due to this arrest, and that a warrant for his immigration detention was issued prior to his arrest. (Id.) Petitioner did not file a Reply or otherwise rebut Respondents' assertions, and his time to do so has expired. (See Doc. No. 5.) This court has previously found that where the Government asserts a non-pretextual change in circumstance warranting a noncitizen's detention pending removal proceedings, the proper remedy for the Government's failure to provide the noncitizen with a pre-deprivation bond hearing is a post-deprivation bond hearing. (See, e.g., Chateauneuf v. Chestnut, No. 1:26-cv-01073-DC-JDP, 2026 WL 523695, at *5 (E.D. Cal. Feb. 25, 2026); Mendez Roblero v. Bondi, No. 1:26-cv-01550-DC-CSK, 2026 WL 773740, at *4-*5 (E.D. Cal. Mar. 19, 2026). Accordingly, for the reasons explained in Chateauneuf and Mendez Roblero, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED IN PART as follows: (1) Respondents shall, within fourteen (14) days of issuance of this Order, provide Petitioner Fernando Jose Gadea Duarte (A-244-339-915) with a bond hearing before an Immigration Judge at which the Government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence; and (2) Petitioner's request for immediate release is DENIED. The Clerk of the Court is DIRECTED to serve this Order on the California City Detention Center. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (cc: ICE-California City) (Deputy Clerk CRS) (Entered: 04/30/2026)
Apr 30, 2026
Service by Mail
Apr 30, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Apr 30, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Fernando Jose Gadea Duarte. (Text Only Entry) (Deputy Clerk CRS)
#8
Jun 11, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/10/2026 RECOMMENDING that Petitioner Fernando Jose Gadea Duarte's (A-244-339-915) application for a writ of habeas corpus be denied as moot as to the request for an individualized bond hearing and otherwise denied. Referred to Judge Dena Coggins. Objections due within 14 days of service of these findings and recommendations. (Deputy Clerk RRB) (Entered: 06/11/2026)
Main Document: Findings and Recommendations
Jun 11, 2026
Service by Mail
Jun 11, 2026
SERVICE BY MAIL: 8 Findings and Recommendations served on Fernando Jose Gadea Duarte. (Deputy Clerk RRB)
#9
Aug 11, 2026
ORDER signed by District Judge Dena M. Coggins on 08/10/26 ADOPTING 8 Findings and Recommendations and DENYING as MOOT 1 Application for Writ of Habeas Corpus. CASE CLOSED. (Deputy Clerk VLC) (Entered: 08/11/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#10
Aug 11, 2026
JUDGMENT dated *08/11/26* pursuant to order signed by District Judge Dena M. Coggins on 08/10/26. (Deputy Clerk VLC) (Entered: 08/11/2026)
Main Document: Judgment
Aug 11, 2026
SERVICE BY MAIL: 10 Judgment and 9 Order served on Fernando Jose Gadea Duarte. (Deputy Clerk VLC)
Aug 11, 2026
Service by Mail
#11
Aug 26, 2026
NOTICE of RELATED CASE(S) 1:26-cv-06789-KES-FJS by Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden. (Williams, Jonathan) (Entered: 08/26/2026)
Main Document: Notice of Related Case
#12
Aug 26, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/26/2026: Pursuant to Local Rule 123, the court finds that these actions, Case No. 2:26-cv-01100-DC-CKD and 1:26-cv-06789-KES-FJS, are related because both cases involve overlapping parties, claims, events and/or questions of fact or law. Thus, the court ORDERS that Case No. 1:26-cv-06789-KES-FJS is REASSIGNED to U.S. District Judge Dena M. Coggins and Magistrate Judge Carolyn K. Delaney. All future filings shall reflect the judge reassignment and use Case No. 1:26-cv-06789-DC-CKD. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/26/2026)
Aug 26, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. 12, served on Fernando Jose Gadea Duarte. (Text Only Entry) (Deputy Clerk CRS)
Aug 26, 2026
Minute Order
Aug 26, 2026
Service by Mail