Eastern District of California • 1:26-cv-04284
(HC) Gispert Benitez v. U.S Attorney General
Active
Case Information
Filed: June 04, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 22, 2026
Parties:
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Docket Entries
#1
Jun 04, 2026
2241 PETITION for WRIT of HABEAS CORPUS against U.S Immigration Customs Enforcement, U.S Attorney General by Michel Gispert Benitez. (Deputy Clerk LJB) (Entered: 06/05/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 05, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 06/05/2026)
Main Document:
Immigration New Case Documents
#3
Jun 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for U.S Attorney General,Shelley D. Weger, GOVT for U.S Immigration Customs Enforcement (Weger, Shelley) (Entered: 06/05/2026)
Main Document:
DESIGNATION
Jun 05, 2026
Service by Mail
Jun 05, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Michel Gispert Benitez. (Deputy Clerk LJB)
#4
Jun 08, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 6/8/2026: The matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/08/2026)
#5
Jun 08, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 06/08/2026. Petitioner, Michel Gispert Benitez (A# 203-754-003), a self-represented immigration detainee, filed petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Based on the length of time in which petitioner has been in immigration detention, the court hereby authorizes petitioner to proceed in forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914. Because petitioner may be entitled to the requested relief if the claimed violations are proved, respondents are directed to show cause why the writ should not be granted by filing response within 14 days from the date of this order. See 28 U.S.C. § 2243. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 06/08/2026)
Jun 08, 2026
Service by Mail
Jun 08, 2026
Minute Order
Jun 08, 2026
SERVICE BY MAIL: 5 Minute Order served on Michel Gispert Benitez. (Deputy Clerk JAA)
Jun 08, 2026
SERVICE BY MAIL: 4 Minute Order served on Michel Gispert Benitez. (Deputy Clerk MDK)
#6
Jun 22, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by U.S Attorney General, U.S Immigration Customs Enforcement. (Attachments: # 1 Exhibit 1 (Form I-213), # 2 Exhibit 2 (Form I-213), # 3 Exhibit 3 (NTA), # 4 Exhibit 4 (bond), # 5 Exhibit 5 (bond contract), # 6 Exhibit 6 (bond cancellation), # 7 Exhibit 7 (criminal plea), # 8 Exhibit 8 (order of probation), # 9 Exhibit 9 (rap sheet), # 10 Exhibit 10 (reopening order), # 11 Exhibit 11 (removal order), # 12 Exhibit 12 (BIA scheduling notice))(Weger, Shelley) (Entered: 06/22/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
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