District of Utah • 1:26-cv-00099

#1

Jun 25, 2026

PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 (Filing fee $ 5, receipt number AUTDC-5833152) filed by Gabriel Guerrero Rubio. (Attachments: # 1 Exhibit Civil Cover Sheet JS-44) (Mackrill, Jason ) (Attachment 1 replaced on 6/25/2026) (bg). (Entered: 06/25/2026)

#2

Jun 25, 2026

Emergency MOTION for Order to Show Cause and Memorandum in Support filed by Petitioner Gabriel Guerrero Rubio. (Attachments: # 1 Text of Proposed Order Proposed Order to Show Cause, # 2 Text of Proposed Order Proposed Writ of Habeas Corpus and Order of Immediate Relase, # 3 Exhibit Declaration of Jason E. Mackrill, # 4 Exhibit Exhibit A - Email Exchange Weber County, # 5 Exhibit Certificate of Service)(Mackrill, Jason ) (Entered: 06/25/2026)

#3

Jun 25, 2026

NOTICE FROM THE COURT Counsel filed civil cover sheet with the form fields still live, which means the information can be edited or deleted by anyone viewing the file.To ensure the security and integrity of your filing in the future, please re-save the document by choosing Print to PDF instead of Save. This will lock the text into the document so it cannot be modified. The clerk has replaced the document, nothing further is needed for this filing. (bg) (Entered: 06/25/2026)

#4

Jun 25, 2026

Remark: Courtesy email regarding case filing sent to USAO duty attorney. (bg) (Entered: 06/25/2026)

Jun 25, 2026

Judge David Barlow added. Case number will now read 1:26-cv-00099-DBB. Please make changes to document captions accordingly. (bg)

#5

Jun 26, 2026

DOCKET TEXT ORDER denying 2 Motion for Order to Show Cause. The court is in receipt of Petitioner's 2 Emergency Motion for Order to Show Cause. It appears that Petitioner was arrested and detained on various state criminal charges on May 2, 2026. On May 13, the justice court ordered Petitioner released from detention on the state law charges. That same day, ICE appears to have requested and received a 48-hour detainer. The next day, May 14, the United States Attorney filed a felony information against Petitioner for illegal reentry in Case No. 1:26-cr-27. On May 19, Petitioner was arraigned in that case, waived indictment, and waived a detention hearing. The magistrate judge ordered that Petitioner's federal detention continue.In his motion, Petitioner does not cite any factually apposite case law. None of the cases he cites involve a defendant detained on state criminal charges, a release order pertaining to the state charges only, an ICE detainer within hours of the state release order, and then a federal criminal charge filed the next day. Petitioner argues that "No Act of Congress authorizes a county jail to hold a non-citizen indefinitely on an expired administrative detainer after a court has ordered release." (Motion, 8). But Petitioner is not being held "indefinitely on an expired administrative detainer"; he is being held pursuant to a federal criminal charge. And the state court had authority to address detention based only on the state law charges. The state court judge did not, and could not, address the federal detention issue. The federal criminal charge came the day after the 48-hour ICE detainer began. Petitioner has not explained how the facts alleged resulted in a violation of the law. And Petitioner does not explain how he now could be released, given that he has been ordered detained on federal criminal charges. Therefore, it does not appear from the face of the Petition that Petitioner is entitled to a writ of habeas corpus. As a result of this preliminary assessment, which applies only to Petitioner's 2 Emergency Motion for Order to Show Cause, the court denies the request that it issue the requested order to show cause or immediately grant the writ.Petitioner is granted leave to file an amended motion and petition, should he desire to do so. For the time being, the court orders Defendants to file a response to the 1 Petition for Writ of Habeas Corpus no later than July 10. Petitioner may file a reply no later than July 17. Signed by Judge David Barlow on 6/26/26. No attached document. (he) (Entered: 06/26/2026)

Jun 26, 2026

Order on Motion to Show Cause