Eastern District of California • 1:26-cv-03044
(HC) Gonzalez Capote v. Warden
Completed
Case Information
Filed: April 22, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 19, 2026
Last Activity:
June 01, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 22, 2026
PETITION for WRIT of HABEAS CORPUS against Merrick Garland, Todd M. Lyons, Kristi Noem, Warden by Miguel Angel Gonzalez Capote. [$5 Filing Fee Paid 4/22/26] (Deputy Clerk AMW) (Entered: 04/22/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 22, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Miguel Angel Gonzalez Capote. (Deputy Clerk AMW) (Entered: 04/22/2026)
Main Document:
Temporary Restraining Order
#3
Apr 22, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 04/22/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Apr 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 4/22/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO") requesting the Court restrain Respondents from transferring Petitioner outside this district pending a ruling on his habeas petition. (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Additionally, the Court routinely issues such orders. Accordingly, Petitioner's Motion for TRO is GRANTED. Pending the outcome of the habeas petition, unless the Court orders otherwise, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by April 24, 2026. Any response must include Petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the habeas petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by April 28, 2026. The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court shall serve a copy of this Order together with a copy of the Petition for Writ of Habeas Corpus on the U.S. Attorney's Office. SO ORDERED. (Text Only Entry) (Deputy Clerk JRW) (Entered: 04/22/2026)
#5
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)
Main Document:
CONSENT/DECLINE
Apr 22, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Miguel Angel Gonzalez Capote. (Deputy Clerk AMW)
Apr 22, 2026
SERVICE BY MAIL: 4 Minute Order served on Miguel Angel Gonzalez Capote. (Deputy Clerk JRW)
Apr 22, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 22, 2026
Service by Mail
#7
Apr 24, 2026
RESPONSE to 4 Order to Show Cause by All Respondents. Attorney Bocchini, Walter added. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Bocchini, Walter) Modified on 5/5/2026 (KS). (Entered: 04/24/2026)
Main Document:
RESPONSE
#8
Apr 24, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#9
Apr 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Walter Bocchini, GOVT added for All Respondents. Attorney Audrey Benison Hemesath, GOVT terminated. (Hemesath, Audrey) Modified on 5/5/2026 (KS). (Entered: 04/24/2026)
Main Document:
DESIGNATION
#10
May 19, 2026
Order AND ~Util - Terminate Civil Case
#11
May 19, 2026
Judgment
Main Document:
Judgment
May 19, 2026
SERVICE BY MAIL: 10 Order, 11 Judgment served on Miguel Angel Gonzalez Capote. (Deputy Clerk GJM)
May 19, 2026
Service by Mail
#13
May 20, 2026
BRIEF in support of 1 Petition for Writ of Habeas Corpus by Miguel Angel Gonzalez Capote. (Deputy Clerk OML) (Entered: 05/21/2026)
Main Document:
BRIEF
#12
May 21, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Jun 01, 2026
MAIL RETURNED as Undeliverable, Unable to Forward, Vacant: 10 Order sent to Miguel Capote. (Deputy Clerk AKP)
Parties
(HC) Gonzalez Capote
Party
Warden
Party