Eastern District of California • 1:26-cv-02515
(HC) Gutierrez Garcia v. Warden
Active
Case Information
Filed: April 02, 2026
Assigned to:
Dena M. Coggins
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Jose Angel Gutierrez Garcia. (Deputy Clerk RRB) (Entered: 04/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jose Angel Gutierrez Garcia. (Deputy Clerk RRB) (Entered: 04/02/2026)
Main Document:
In Forma Pauperis
#3
Apr 02, 2026
MOTION to APPOINT COUNSEL by Jose Angel Gutierrez Garcia. (Deputy Clerk RRB) (Entered: 04/02/2026)
Main Document:
Appoint Counsel
#4
Apr 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/7/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 04/02/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
Apr 02, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Jose Angel Gutierrez Garcia. (Deputy Clerk RRB)
Apr 02, 2026
Service by Mail
#5
Apr 03, 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: 04/03/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/6/2026 GRANTING 2 Motion for IFP, DEFERRING the ruling on 3 Motion for Appointment of Counsel and DIRECTING Respondent to SHOW CAUSE within 7 days why the Writ should not be granted. Parties must review this MINUTE ORDER Document, which is a scheduling order. [See attached for details.] The Court has served the 2241 petition on respondents via email at usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk SH) (Entered: 04/06/2026)
Main Document:
Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 06, 2026
Service by Mail
Apr 06, 2026
SERVICE BY MAIL: 6 Minute Order served on Jose Angel Gutierrez Garcia. (Deputy Clerk SH)
#7
Apr 14, 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 VLC) (Entered: 04/14/2026)
Main Document:
CONSENT/DECLINE
#8
Apr 14, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus by Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Rodriguez, Camilo) Modified on 4/21/2026 (KS). (Entered: 04/14/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#9
Apr 21, 2026
ORDER signed by Magistrate Judge Sean C. Riordan on 04/20/2026 GRANTING Petitioner's 3 Motion to Appoint Counsel. Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counse l and send counsel's contact information to Judge Sean Riordan's courtroom deputy who shall update the docket to reflect counsel's appointment. Based on the appointment of counsel, the court SUA SPONTE GRANTS Petitioner leave to file a n amended § 2241 petition within 21 days from the date of this order. Within 7 days from Petitioner's filing, Respondent shall file either an amended answer/return or a notice indicating that they will stand on the previously filed motion t o dismiss. Petitioner shall have 3 days from the date of Respondent's answer/return or notice to file a reply. If the parties agree on a different briefing schedule, they may submit a joint proposed order to the court based on their stipulation. Having reviewed the records attached to Respondent's answer, the undersigned FURTHER DIRECTS the parties to brief whether Petitioner's detention violates his substantive due process rights using the five-factor test described in Doe v. Chestnut, 810 F.Supp.3d 1169 (E.D.Cal. 2025), in addition to fully briefing all other claims and issues that the parties wish to present. (Deputy Clerk KS)
Apr 21, 2026
SERVICE BY MAIL: 9 Order served on Jose Angel Gutierrez Garcia. (Deputy Clerk KS)
Apr 21, 2026
Service by Mail
#10
Apr 29, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/29/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 9 . Attorney Barbara Zalewski-Zaragoza is hereby appointed nunc pro tunc to 4/28/2026 as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Barbara Zalewski-Zaragoza, Law Office of Barbara Z. Zaragoza, 1350 Columbia Street Ste 800, San Diego, CA 92102, 619-713-3572, as counsel for petitioner in this matter. Appointed counsel is directed to review the briefing schedule in the undersigned's April 21, 2026, order (ECF No. 9 ). (cc: Federal Defender Habeas Appointment) (Deputy Clerk SH) (Entered: 04/29/2026)
Apr 29, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#11
May 10, 2026
Amend the Complaint/Petition
Main Document:
Amend the Complaint/Petition
Parties
(HC) Gutierrez Garcia
Party
Warden
Party