Eastern District of California • 1:26-cv-05412

#1

Jul 13, 2026

PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Jose Arturo Gualna Cucul. (Deputy Clerk DAR) (Entered: 07/15/2026)

#2

Jul 13, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Jose Arturo Gualna Cucul. (Deputy Clerk DAR) (Entered: 07/15/2026)

#3

Jul 13, 2026

MOTION to APPOINT COUNSEL by Jose Arturo Gualna Cucul. (Deputy Clerk DAR) (Entered: 07/15/2026)

#4

Jul 15, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/15/2026)

#5

Jul 15, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/15/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, 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."). (TEXT ONLY ENTRY) (Deputy Clerk JRW) (Entered: 07/15/2026)

#6

Jul 15, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Tonya Andrews (Weger, Shelley) (Entered: 07/15/2026)

Jul 15, 2026

Service by Mail

Jul 15, 2026

Minute Order

Jul 15, 2026

SERVICE BY MAIL: 5 Minute Order served on Jose Arturo Gualna Cucul. (Deputy Clerk JRW)

Jul 15, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Jose Arturo Gualna Cucul. (Deputy Clerk DAR)

#7

Jul 16, 2026

ORDER signed by Magistrate Judge Chi Soo Kim on 07/16/26 GRANTING 2 Motion to Proceed IFP. Respondent is DIRECTED to file an answer or motion to dismiss within 7 days; any reply/traverse to an answer or opposition to a motion by Petitioner is due within 10 days after being served with the answer or motion; and Respondent's reply to an opposition to a motion is due within 7 days after being served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times with any change requiring a separate "Notice of Change of Address" filed promptly and served on other parties. Service of documents at the address of record for a party is fully effective. (Deputy Clerk AJB) (Entered: 07/16/2026)

Jul 16, 2026

SERVICE BY MAIL: 7 Order served on Jose Arturo Gualna Cucul. (Deputy Clerk AJB)

Jul 16, 2026

Service by Mail

#8

Jul 23, 2026

OPPOSITION to PETITION FOR WRIT OF HABEAS CORPUS by Tonya Andrews. (Attachments: # 1 Exhibit 1 (I-213), # 2 Exhibit 2 (RAP Sheet))(Weger, Shelley) Modified on 7/31/2026 (HAH). (Entered: 07/23/2026)

#9

Aug 13, 2026

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 8/13/2026 DENYING petitioner's 3 motion for appointment of counsel is without prejudice. IT IS RECOMMENDED that the 1 petition for writ of habeas corpus be granted; Respondents be ordered to provide petitioner Jose Arturo Gualna Cucul (A-222-589-836) a bond hearing within 14 days of the adoption of these findings and recommendations where petitioner has the burden to demonstrate that he is not a flight risk or danger to the community; If petitioner is granted release on bond, respondents shall return all of petitioner's documents and possessions to petitioner at the time of release; If respondents fail to provide petitioner a bond hearing within 14 days, petitioner shall be immediately released from respondent's custody. Respondents shall return all of petitioner's documents and possessions to petitioner at the time of release; Given petitioner's pro se status, respondents be directed to file, within 7 days of the date of the bond hearing, a status report addressing petitioner's status; and the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Judge Troy L. Nunley; Objections to F&R within 7 days. (Deputy Clerk KLY) (Entered: 08/13/2026)

Aug 13, 2026

Service by Mail

Aug 13, 2026

SERVICE BY MAIL: 9 Order And Findings and Recommendations served on Jose Arturo Gualna Cucul. (Deputy Clerk KLY)

#10

Aug 19, 2026

RESPONSE to 9 Findings and Recommendations by Tonya Andrews. (Weger, Shelley) Modified on 8/20/2026 (HAH). (Entered: 08/19/2026)

#11

Sep 08, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 09/08/26 ADOPTING 9 Findings and Recommendations IN PART. 1 Petition for Writ of Habeas Corpus is GRANTED. Respondents are DIRECTED to IMMEDIATELY RELEASE Petitioner Jose Arturo G.C. (A#222-589-836) from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are DIRECTED to file a notice of compliance with this provision no later than 09/11/26. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative todetention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk is directed to serve this Order on Golden State Annex and enter judgment for Petitioner. CASE CLOSED. (cc Golden State Annex) (Deputy Clerk KML) (Entered: 09/08/2026)

#12

Sep 08, 2026

JUDGMENT dated *09/08/26* pursuant to order signed by Chief District Judge Troy L. Nunley on 09/08/26 in favor of Petitioner. (Deputy Clerk KML) (Entered: 09/08/2026)

Sep 08, 2026

SERVICE BY MAIL: 11 Order, 12 Judgment served on Jose Arturo Gualna Cucul. (Deputy Clerk KML)

Sep 08, 2026

Service by Mail

#13

Sep 09, 2026

NOTICE OF COMPLIANCE re 11 Order,,,,,, Order Adopting Findings and Recommendations,,,,,, Terminate Civil Case,,,,,, Findings and Recommendations (Order),,,,, by Tonya Andrews. (Weger, Shelley) (Entered: 09/09/2026)