Eastern District of California • 1:26-cv-05009

(HC) Gutierrez Frias v. Warden, California City Correctional Center

Completed

Case Information

Filed: June 29, 2026
Assigned to: Daniel J. Calabretta
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 28, 2026
Last Activity: August 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 29, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Edgardo Gutierrez Frias. (Deputy Clerk DAR) (Entered: 07/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/01/2026)
Main Document: Immigration New Case Documents
#3
Jul 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden, California City Correctional Center (Assaf, Nisreen) (Entered: 07/01/2026)
Main Document: DESIGNATION
#4
Jul 01, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/1/2026: Upon review, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file an Amended Petition or Supplemental Brief in support the Petition. If nothing is filed in that time, the Court will proceed on the current Petition. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. [TEXT ONLY ORDER] (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 07/01/2026)
Jul 01, 2026
RECEIPT number 100008639 $5.00 paid on 07/01/2026 by Cal City Immigration Processing. (Deputy Clerk CM)
Jul 01, 2026
SERVICE BY MAIL: 4 Minute Order served on Edgardo Gutierrez Frias. (Deputy Clerk GJM)
Jul 01, 2026
Service by Mail
Jul 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 01, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Edgardo Gutierrez Frias. (Deputy Clerk DAR)
#5
Jul 10, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/10/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 4. Attorney Roger Ponce is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Roger H. Ponce, Ponce Law Corp., 1424 17th St., Bakersfield, CA 93301, 661-888-2003, roger@rogerponcelaw.com as counsel for Petitioner in this matter, nunc pro tunc to 7/10/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/10/2026)
Jul 10, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#6
Aug 06, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/6/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review, the Petition appears to state a claim on which Petitioner is entitled to relief. Respondents are ORDERED TO SHOW CAUSE on or before August 11, 2026, as to why the Court should not grant a writ of habeas corpus by filing a return as provided in 28 U.S.C. § 2243. Petitioner may file a Reply on or before August 12, 2026. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/06/2026)
Aug 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Aug 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden, California City Correctional Center, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/07/2026)
Main Document: DESIGNATION
#8
Aug 07, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus by Warden, California City Correctional Center. (Attachments: # 1 Exhibit, # 2 Exhibit)(Soto-Perez, Gabriel) Modified on 8/10/2026 (KLY). (Entered: 08/07/2026)
Main Document: ANSWER
#9
Aug 21, 2026
MOTION for EXTENSION OF TIME to File Reply Out of Time by Edgardo Gutierrez Frias. (Attachments: # 1 Proposed Order) (Ponce, Roger) Modified on 8/26/2026 (KS). (Entered: 08/21/2026)
Main Document: Extension of Time
#10
Aug 21, 2026
TRAVERSE/REPLY by Edgardo Gutierrez Frias. (Ponce, Roger) Modified on 8/26/2026 (KS). (Entered: 08/21/2026)
Main Document: TRAVERSE/REPLY
#11
Aug 22, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/22/2026: The Court GRANTS Petitioner's 9 Motion for Extension of Time. Petitioner's 10 Reply is deemed timely filed. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/22/2026)
Aug 22, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Aug 28, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 8/28/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner EDGARDO GUTIERREZ FRIAS (A# 221-453-580) from their custody and to not impose any additional restrictions on Petitioner; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve California City Detention Facility with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. CASE CLOSED. (cc: ICE–California City Detention Facility) (Deputy Clerk GJM) (Entered: 08/28/2026)
Main Document: Order AND ~Util - Terminate Civil Case
#13
Aug 28, 2026
JUDGMENT dated *8/28/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 8/28/2026. (Deputy Clerk GJM) (Entered: 08/28/2026)
Main Document: Judgment

Parties

(HC) Gutierrez Frias
Party
Warden, California City Correctional Center
Party