Eastern District of California • 1:26-cv-02425

#1

Mar 30, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden by Jose Ricardo Gutierrez Rivas. (Deputy Clerk JAW) (Entered: 04/01/2026)

#2

Mar 30, 2026

MOTION to PROCEED IN FORMA PAUPERIS and EXHIBITS to PETITION by Jose Ricardo Gutierrez Rivas. (Deputy Clerk JAW) Modified on 4/2/2026 (MDK). (Entered: 04/01/2026)

#3

Mar 30, 2026

MOTION to APPOINT COUNSEL by Jose Ricardo Gutierrez Rivas. (Deputy Clerk JAW) (Entered: 04/01/2026)

Mar 30, 2026

RECEIPT number 100007725 for $5.00 for Jose Ricardo Gutierrez Rivas from The Geo Group Inc. (Deputy Clerk JAW)

#4

Apr 01, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/4/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/01/2026)

Apr 01, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Jose Ricardo Gutierrez Rivas. (Deputy Clerk JAW)

Apr 01, 2026

Service by Mail

#5

Apr 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: 04/02/2026)

#6

Apr 02, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 2, 2026: The Court has reviewed pro se Petitioner's Writ of Habeas Corpus and Request for Injunctive Relief and motion to proceed in forma pauperis. (ECF Nos. 1, 2 .) The Court finds Petitioner has made the requisite showing under 28 U.S.C. § 1915 to proceed in forma pauperis and his motion (ECF No. 2 ) is hereby GRANTED. Additionally, the Court construes Petitioner's request for immediate relief as a motion for temporary restraining order ("TRO"). See Estelle v. Gamble, 429 U.S. 97, 106 (1976). Accordingly, Respondents shall file any opposition to Petitioner's motion for TRO by April 6, 2026. Respondents shall also identify whether they have any objection to converting the motion for TRO into a motion for preliminary injunction and whether they request a hearing. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on this petition, 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, 608 (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"). The Clerk of the Court shall serve a copy of this order together with a copy of Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the U.S. Attorney's Office. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/02/2026)

Apr 02, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis

Apr 02, 2026

Service by Mail

Apr 02, 2026

SERVICE BY MAIL: 6 Minute Order served on Jose Ricardo Gutierrez Rivas. (Deputy Clerk MDK)

#7

Apr 06, 2026

OPPOSITION to Motion for Temporary Restraining Order; RESPONSE to 1 Petition for Writ of Habeas Corpus by Respondent Warden. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Automated Case Information Sheet)(Rodriguez, Camilo) Modified on 4/7/2026 (KLY). (Entered: 04/06/2026)

#8

Apr 06, 2026

CERTIFICATE / PROOF of SERVICE by Warden re 7 Opposition. (Rodriguez, Camilo) (Entered: 04/06/2026)

#9

Apr 09, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 9, 2026: This matter is before the Court on Petitioner's construed Motion for Temporary Restraining Order ("TRO"). (ECF Nos. 1, 6 .) Respondents filed an opposition. (ECF No. 7 .) Respondents do not oppose converting the motion for TRO into a motion for preliminary injunction and waived hearing. (Id. at 1 .) The Court has reviewed the parties' briefs and finds Petitioner has met his burden establishing a preliminary injunction is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Fifth Amendment Due Process Clause for failure to provide a bond hearing; (2) Petitioner will suffer irreparable harm in the absence of an injunction; (3) the balance of equities tip in Petitioner's favor; and (4) an injunction is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025); Ajay K. v. Warden California City Corr. Facility, No. 1:26-CV-00562-TLN-AC, 2026 WL 638445 (E.D. Cal. Mar. 6, 2026). Accordingly, the Court GRANTS Petitioner's motion and issues a preliminary injunction. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 213-353-215) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents must file a notice of compliance with this Order by April 10, 2026. Respondents are ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner by April 30, 2026. If no additional briefing is filed, the Court will presume Respondents rest on ECF No. 7 . Petitioner may file a reply by May 21, 2026. The parties shall indicate whether they request a hearing. The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court shall serve a copy of this Order on the Mesa Verde Detention Center. SO ORDERED. (TEXT ONLY ENTRY) (cc: Mesa Verde) (Deputy Clerk MDK) (Entered: 04/09/2026)

Apr 09, 2026

Minute Order

Apr 09, 2026

SERVICE BY MAIL: 9 Minute Order served on Jose Ricardo Gutierrez Rivas. (Deputy Clerk MDK)

Apr 09, 2026

Service by Mail

#10

Apr 10, 2026

NOTICE OF COMPLIANCE re 4/09/2026 Minute Order by Warden. (Rodriguez, Camilo) Modified on 4/13/2026 (KLY). (Entered: 04/10/2026)

#11

Apr 10, 2026

[DISREGARD, filed in wrong case] ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden. (Attachments: # 1 Declaration Deportation Officer and Exhibits)(Rodriguez, Camilo) Modified on 4/13/2026 (KLY). (Entered: 04/10/2026)

#12

Apr 13, 2026

CLERK'S NOTICE of DOCKET CORRECTION (Text Only Entry): The 11 Answer to Petition for Writ of Habeas Corpus filed on 4/10/2026 was filed in this action in error and as such is DISREGARDED. (Deputy Clerk KLY) (Entered: 04/13/2026)

#13

Apr 13, 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. (Deputy Clerk KEZ) (Entered: 04/15/2026)

#14

Aug 06, 2026

ORDER; FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/6/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. ECF No. 9 . The court ordered respondent to show cause why the petition for writ of habeas corpus, ECF No. 1, should not be granted and judgment entered in favor of petitioner. ECF No. 9 . Respondent elected to rest on its response at ECF No. 7 . The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. Each time I have addressed this issue, I have found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated. Accordingly, it is hereby ORDERED that petitioner's motion for appointment of counsel, ECF No. 3, is DENIED, as the interests of justice do not require counsel be appointed. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996); 18 U.S.C. § 3006A. Further, I hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 9, be made permanent; and (3) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within fourteen days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 08/06/2026)

Aug 06, 2026

Service by Mail

Aug 06, 2026

SERVICE BY MAIL: 14 Order; Findings and Recommendations served on Jose Ricardo Gutierrez Rivas. (Deputy Clerk NAC)

Aug 06, 2026

Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel

Aug 18, 2026

MAIL RETURNED as Return to Sender, Not Deliverable, Unable to Forward, Released: 14 Order sent to Jose Ricardo Gutierrez Rivas. Notice of Change of Address due by 9/25/2026. (Deputy Clerk AKP)

#15

Aug 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Warden, attorney Camilo Rodriguez, GOVT terminated (Harman, Joseph) (Entered: 08/20/2026)

#16

Aug 20, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 14 by Respondent Warden. (Harman, Joseph) (Entered: 08/20/2026)

#17

Aug 31, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 8/28/2026 ADOPTING 14 Findings and Recommendations in full and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ENJOINED from re-detaining Petitioner, Jose Ricardo Gutierrez Rivas 213-353-215, absent compliance with statutory and constitutional protections. CASE CLOSED. (Deputy Clerk OML) (Entered: 08/31/2026)

#18

Aug 31, 2026

JUDGMENT dated *8/31/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/28/2026. (Deputy Clerk OML) (Entered: 08/31/2026)

Aug 31, 2026

Service by Mail

Aug 31, 2026

SERVICE BY MAIL: 17 Order and 18 Judgment served on Jose Ricardo Gutierrez Rivas. (Deputy Clerk OML)

Sep 14, 2026

MAIL RETURNED as Undeliverable, Detainee Not in Custody: 17 Order Adopting Findings and Recommendations to Terminate Civil Case and 18 Judgment sent to Jose Ricardo Gutierrez Rivas. (Deputy Clerk DAR)