Eastern District of California • 1:26-cv-02631

(HC) Gutierrez-Paniagua v. Warden

Completed

Case Information

Filed: April 08, 2026
Assigned to: Dale Alan Drozd
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: April 14, 2026
Last Activity: April 23, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 08, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Donald Antonio Gutierrez-Paniagua. (Deputy Clerk JAW) (Entered: 04/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 08, 2026
MOTION for IMMEDIATE RELEASE by Donald Antonio Gutierrez-Paniagua. (Deputy Clerk JAW) (Entered: 04/09/2026)
Main Document: Miscellaneous Relief
Apr 08, 2026
RECEIPT number 100007836 for $5.00 for Donald Antonio Gutierrez-Paniagua. (Deputy Clerk JAW)
#3
Apr 09, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/14/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/09/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Apr 09, 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: 04/09/2026)
Main Document: CONSENT/DECLINE
Apr 09, 2026
Service by Mail
Apr 09, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Donald Antonio Gutierrez-Paniagua. (Deputy Clerk JAW)
#5
Apr 10, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/10/2026: Petitioner has filed a 2 motion for immediate release which the court construes as a motion for temporary restraining order. Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent 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 2 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 respondents shall promptly enter Notices of Appearance. The court notes that petitioner's 2 motion is addressed to the Warden of the Otay Mesa Detention Center but asserts that petitioner is detained at the California City Corrections Center. Respondents are DIRECTED to inform the court no later than 5:00 PM Monday, 4/13/2026, whether petitioner was detained within this district at the time his petition was filed with the court. (Deputy Clerk PAB) (Entered: 04/10/2026)
#6
Apr 10, 2026
AMENED MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/10/2026: Petitioner has filed a 2 motion for immediate release which the court construes as a motion for temporary restraining order. Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent 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 2 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 respondents shall promptly enter Notices of Appearance. The court notes that petitioner's 2 motion is addressed to the Warden of the Otay Mesa Detention Center but asserts that petitioner is detained at the California City Corrections Center. Respondents are DIRECTED to inform the court no later than 5:00 PM Monday, 4/13/2026, whether petitioner was detained within this district at the time his petition was filed with the court.If petitioner was detained within this district at the time he filed his petition, then respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Tuesday, 4/14/2026. 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, 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), and Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (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 the following if known: (1) the date petitioner entered the United States; (2) the dates and length of any prior detention if petitioner has been previously detained by the Department of Homeland Security; and (3) whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 04/10/2026)
#7
Apr 10, 2026
Notice (Other)
Main Document: Notice (Other)
Apr 10, 2026
Minute Order
Apr 10, 2026
AMENDED SERVICE BY MAIL: 6 Minute Order served on Donald Antonio Gutierrez-Paniagua. (Deputy Clerk PAB)
Apr 10, 2026
SERVICE BY MAIL: 5 Minute Order served on Donald Antonio Gutierrez-Paniagua. (Deputy Clerk PAB)
Apr 10, 2026
Service by Mail
#8
Apr 14, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
Apr 14, 2026
Service by Mail
Apr 14, 2026
SERVICE BY MAIL: 8 Order, served on Donald Antonio Gutierrez-Paniagua. (Deputy Clerk VLK)
Apr 23, 2026
OTHER COURT CASE NUMBER from Southern District of California case number 3:26-cv-02512. (Deputy Clerk RMG)

Parties

(HC) Gutierrez-Paniagua
Party
Warden
Party