Eastern District of California • 1:26-cv-02545

(HC) Gutierrez-Guerra v. Warden

Active

Case Information

Filed: April 03, 2026
Assigned to: Dale Alan Drozd
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: April 14, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 03, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Darwin Noe Gutierrez-Guerra. (Deputy Clerk VLC) (Entered: 04/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Darwin Noe Gutierrez-Guerra. (Deputy Clerk VLC) (Entered: 04/06/2026)
Main Document: In Forma Pauperis
#3
Apr 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Darwin Noe Gutierrez-Guerra. (Deputy Clerk VLC) (Entered: 04/06/2026)
Main Document: Temporary Restraining Order
#4
Apr 03, 2026
MOTION to APPOINT COUNSEL by Darwin Noe Gutierrez-Guerra. (Deputy Clerk VLC) (Entered: 04/06/2026)
Main Document: Appoint Counsel
#5
Apr 06, 2026
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#6
Apr 06, 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: 04/06/2026)
Main Document: CONSENT/DECLINE
#7
Apr 06, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 4/6/2026: Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging 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 exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 3 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Counsel for respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM Tuesday, 4/8/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026), and J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Text Only Entry) (Deputy Clerk RAA) (Entered: 04/06/2026)
Apr 06, 2026
SERVICE BY MAIL: 7 Minute Order served on Darwin Noe Gutierrez-Guerra. (Deputy Clerk RAA)
Apr 06, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Darwin Noe Gutierrez-Guerra. (Deputy Clerk VLC)
Apr 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 06, 2026
Service by Mail
#9
Apr 07, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 3 Motion for Temporary Restraining Order by Respondent Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Rodriguez, Camilo) Modified on 4/9/2026 (KS). (Entered: 04/07/2026)
Main Document: ANSWER
#10
Apr 08, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#11
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 OML) (Entered: 04/15/2026)
Main Document: CONSENT/DECLINE

Parties

(HC) Gutierrez-Guerra
Party
Warden
Party