Eastern District of California • 1:26-cv-02474

#1

Mar 31, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Gilberto Gildardo Barrios Pena. (Filing fee $ 5, receipt number ACAEDC-13115964) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit, # 4 Exhibit) (Lal, Prerna) Modified on 4/3/2026 (KS). (Entered: 03/31/2026)

#2

Mar 31, 2026

MOTION for PRELIMINARY INJUNCTION by Gilberto Gildardo Barrios Pena. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order, # 4 Proof of Service)(Lal, Prerna) (Entered: 03/31/2026)

#3

Mar 31, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/4/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 03/31/2026)

#4

Mar 31, 2026

MINUTE ORDER signed by District Judge Dena M. Coggins on 3/31/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for a Preliminary Injunction. The court has previously addressed the legal issues raised by Count Two of the Petition. See, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025), Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025), and El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025). 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 a Preliminary Injunction by 12:00 PM on 4/7/2026. 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 12:00 PM on 4/9/2026. 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 5:00PM on 3/31/2026. 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 JRW) (Entered: 03/31/2026)

#5

Mar 31, 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: 03/31/2026)

Mar 31, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#6

Apr 07, 2026

ANSWER (Return) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction by All Respondents. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(McDonald, Tracey) Modified on 4/9/2026 (KS). (Entered: 04/07/2026)

#7

Apr 09, 2026

REPLY in Support of 1 Petition for Writ of Habeas Corpus and OPPOSITION to 6 Return to Petition for Writ of Habeas Corpus by Gilberto Gildardo Barrios Pena. (Lal, Prerna) Modified on 4/13/2026 (KS). (Entered: 04/09/2026)

#8

Apr 22, 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: 04/22/2026)

Apr 29, 2026

PETITIONER'S ADDRESS UPDATED to Central Valley Annex, P.O. Box 637, 254 Taylor Avenue, McFarland, CA 93250 pursuant to notice filed on 4/24/2026 in case 1:26-cv-2253. (Deputy Clerk KLY)

#9

May 04, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/4/2026: In Respondents' 6 Opposition to Petitioner's 2 Motion for a Preliminary Injunction, Respondents argue that Petitioner's case is distinguishable from those cited in the court's 4 Order because Petitioner is subject to an expedited order of removal and is therefore subject to detention pursuant to 8 U.S.C. § 1225(b)(1). However, as Petitioner emphasizes in his 7 Reply, Petitioner was previously released on an Order of Supervision under 8 U.S.C. § 1231(a) due to the Government's determination that his removal was not reasonably foreseeable. This court has previously found that when a noncitizen is released under that statute, the Government must provide notice to the noncitizen of the reason for the revocation of their release and provide them the opportunity to respond to the purported reasons for revocation. See, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025); Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025); El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025). Respondents do not allege that Petitioner was provided notice and opportunity to respond to the alleged changed circumstances warranting revocation of his release. Accordingly, for the reasons explained in Hoac, Vuong, and El-Ghazaly, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED as follows: (1) Respondents shall IMMEDIATELY RELEASE Petitioner Gilberto Gildardo Barrios Pena (A-088-888-461) from Respondents' custody; and (2) Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, strict compliance with the requirements of 8 C.F.R. § 241.13(i). The Clerk of the Court is DIRECTED to serve this Order on the Golden State Annex Detention Facility. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (cc: ICE-Golden State Annex) (Deputy Clerk CRS) (Entered: 05/04/2026)

May 04, 2026

Minute Order AND Order on Motion for Preliminary Injunction AND ~Util - 1 Terminate Deadlines and Hearings

#10

Jun 22, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 6/22/2026: In light of the referral of petitioner's § 2241 petition that is pending before the Court, the parties are directed to submit any additional briefs on the merits, or any stipulation as to how this petition should be resolved, within 14 days from the date of this order. Following expiration of the deadline set herein, the § 2241 petition will be deemed submitted on the papers pursuant to Local Rule 230(l). (Deputy Clerk SH) (Entered: 06/22/2026)

Jun 22, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#11

Aug 18, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 8/17/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted on Count One only; that the Court deny the remaining claims in the § 2241 petition in the interests of judicial economy since the requested relief has been granted; that the preliminary injunctive relief previously granted be made permanent; that all pending motions, if any, be denied as moot; and that the Clerk of Court close this case. Referred to District Judge Dena M. Coggins. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk HAH) (Entered: 08/18/2026)

#12

Aug 25, 2026

OBJECTIONS to 11 FINDINGS and RECOMMENDATIONS by All Respondents. (McDonald, Tracey) Modified on 8/31/2026 (KS). (Entered: 08/25/2026)

#13

Aug 31, 2026

RESPONSE by Gilberto Gildardo Barrios Pena to 12 Objections to Findings and Recommendations. (Lal, Prerna) (Entered: 08/31/2026)

#14

Sep 01, 2026

ORDER signed by District Judge Dena M. Coggins on 08/31/26 ADOPTING 11 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Corpus on Count One only, and the court denies the remaining claims in the § 2241 petition in the interests of judicial economy since the requested relief has been granted. The preliminary injunctive relief previously granted is made PERMANENT. CASE CLOSED. (Deputy Clerk VLC) (Entered: 09/01/2026)

#15

Sep 01, 2026

JUDGMENT signed by District Judge Dena M. Coggins on 08/31/26. (Deputy Clerk VLC) (Entered: 09/01/2026)

Sep 01, 2026

Judgment