Southern District of California • 3:26-cv-02512

(HC) Gutierrez-Paniagua v. Warden

Active

Case Information

Filed: April 16, 2026
Assigned to: Cathy Ann Bencivengo
Referred to: Jill L. Burkhardt
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
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 Donaldo Antonio Gutierrez-Paniagua. (Deputy Clerk JAW) [Transferred from California Eastern on 4/21/2026.] Modified on 4/21/2026 (ggv). (Entered: 04/09/2026)
Main Document: 2241
#2
Apr 08, 2026
MOTION for IMMEDIATE RELEASE by Donaldo Antonio Gutierrez-Paniagua. (Deputy Clerk JAW) [Transferred from California Eastern on 4/21/2026.] Modified on 4/21/2026 (ggv). (Entered: 04/09/2026)
Main Document: MOTION
Apr 08, 2026
RECEIPT number 100007836 for $5.00 for Donaldo Antonio Gutierrez-Paniagua. (Deputy Clerk JAW) [Transferred from California Eastern on 4/21/2026.] Modified on 4/21/2026 (ggv)
#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) [Transferred from California Eastern on 4/21/2026.] (Entered: 04/09/2026)
Main Document: PRISONER
#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) [Transferred from California Eastern on 4/21/2026.] (Entered: 04/09/2026)
Main Document: CONSENT/DECLINE
Apr 09, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Donaldo Antonio Gutierrez-Paniagua. (Deputy Clerk JAW) [Transferred from California Eastern on 4/21/2026.] Modified on 4/21/2026 (ggv).
#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) [Transferred from California Eastern on 4/21/2026.] (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) [Transferred from California Eastern on 4/21/2026.] (Entered: 04/10/2026)
#7
Apr 10, 2026
NOTICE of Detainee Location by Warden re 6 Minute Order,,,,,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 1, # 2 Proof of Service Proof of Service)(Williams, Jonathan) [Transferred from California Eastern on 4/21/2026.] (Entered: 04/10/2026)
Main Document: NOTICE
Apr 10, 2026
AMENDED SERVICE BY MAIL: 6 Minute Order served on Donaldo Antonio Gutierrez-Paniagua. (Deputy Clerk PAB) [Transferred from California Eastern on 4/21/2026.]
Apr 10, 2026
SERVICE BY MAIL: 5 Minute Order served on Donald Antonio Gutierrez-Paniagua. (Deputy Clerk PAB) [Transferred from California Eastern on 4/21/2026.]
#8
Apr 14, 2026
ORDER signed by District Judge Dale A. Drozd on 4/13/2026 TRANSFERRING Case to the U.S. District Court, Southern District of California. CASE CLOSED. (Deputy Clerk VLK) [Transferred from California Eastern on 4/21/2026.] (Entered: 04/14/2026)
Main Document: ORDER
Apr 14, 2026
SERVICE BY MAIL: 8 Order, served on Donaldo Antonio Gutierrez-Paniagua. (Deputy Clerk VLK) [Transferred from California Eastern on 4/21/2026.] Modified on 4/21/2026 (ggv).
#9
Apr 16, 2026
Case transferred in from District of California Eastern; Case Number 1:26-cv-02631. Original file received electronically (Entered: 04/21/2026)
Main Document: Case Transferred In - District Transfer (Electronic Transfers Only)
#10
Apr 16, 2026
Judge Cathy Ann Bencivengo and Magistrate Judge Jill L. Burkhardt assigned to transfer case from Eastern District of California. (All non-registered users served via U.S. Mail Service)(no document attached) (ggv) (Entered: 04/21/2026)
#11
Apr 21, 2026
ORDER DISMISSING Petition With Leave to Amend. Signed by Judge Cathy Ann Bencivengo on 4/21/2026.(All non-registered users served via U.S. Mail Service)(anh) (Entered: 04/21/2026)
Main Document: Order Dismissing Case
Apr 21, 2026
Electronic Transfer In
#12
Apr 23, 2026
NOTICE of Appearance by Laura Christina Sambataro on behalf of John Doe, Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (Sambataro, Laura)Attorney Laura Christina Sambataro added to party John Doe(pty:res), Attorney Laura Christina Sambataro added to party Alejandro Mayorkas(pty:res), Attorney Laura Christina Sambataro added to party U.S. Immigration and Customs Enforcement(pty:res) (anh). (Entered: 04/23/2026)
Main Document: Notice of Appearance