Eastern District of California • 1:26-cv-05523
(HC) Gil Palencia v. Venturella
Active
Case Information
Filed: July 17, 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:
August 26, 2026
Parties:
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Docket Entries
#1
Jun 09, 2026
PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 with In Forma Pauperis request filed by Edgar Otniel Gil Palencia. (Attachments: # 1 Exhibit Parole Document, # 2 Exhibit EOIR Case Data, # 3 Civil Cover Sheet) (McMurray, Benjamin) (Attachment 3 replaced on 6/9/2026) (bg). [Transferred from utd on 7/17/2026.] (Entered: 06/09/2026)
Main Document:
PETITION
#2
Jun 09, 2026
MOTION for Leave to Proceed in forma pauperis. Case will be forwarded to the Prisoner Litigation Unit, filed by Petitioner Edgar Otniel Gil Palencia. (McMurray, Benjamin) [Transferred from utd on 7/17/2026.] (Entered: 06/09/2026)
Main Document:
MOTION
#3
Jun 09, 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) [Transferred from utd on 7/17/2026.] (Entered: 06/09/2026)
#4
Jun 09, 2026
Remark: Courtesy email regarding case filing sent to USAO duty attorney. (bg) [Transferred from utd on 7/17/2026.] (Entered: 06/09/2026)
Jun 09, 2026
Judge Howard C. Nielson, Jr added. Case number will now read 2:26-cv-00529-HCN. Please make changes to document captions accordingly. (bg) [Transferred from utd on 7/17/2026.]
#5
Jun 10, 2026
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. Motions referred to Cecilia M. Romero. Signed by Judge Howard C. Nielson, Jr on 6/10/2026. (ks) [Transferred from utd on 7/17/2026.] (Entered: 06/10/2026)
#6
Jun 12, 2026
NOTICE of Appearance by Todd Christopher Bouton on behalf of Todd Blanche, Ruben Leyva, Markwayne Mullin, David Venturella (Bouton, Todd) [Transferred from utd on 7/17/2026.] (Entered: 06/12/2026)
Main Document:
NOTICE
#7
Jun 15, 2026
MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Order of Immigration Judge)(Bouton, Todd) [Transferred from utd on 7/17/2026.] (Entered: 06/15/2026)
Main Document:
MOTION
#8
Jun 15, 2026
NOTICE of Errata re: United States' Motion to Dismiss for Lack of Subject Matter Jurisdiction by Todd Blanche, Ruben Leyva, Markwayne Mullin, David Venturella re 7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Bouton, Todd) [Transferred from utd on 7/17/2026.] (Entered: 06/15/2026)
Main Document:
NOTICE
#9
Jul 13, 2026
MOTION to Transfer Petition to Eastern District of California re 1 Petition for Writ of Habeas Corpus, and Memorandum in Support filed by Petitioner Edgar Otniel Gil Palencia. (Attachments: # 1 Text of Proposed Order)(McMurray, Benjamin) Modified on 7/14/2026 by correcting event type to Motion to Change Venue (dle). [Transferred from utd on 7/17/2026.] (Entered: 07/13/2026)
Main Document:
MOTION
#10
Jul 14, 2026
DOCKET TEXT ORDER. 9 Motion to Transfer Case to Eastern District of California is GRANTED. This case is hereby TRANSFERRED to the United States District Court for the Eastern District of California, where "it might have been brought" originally and "to which [transfer] all parties have consented," 28 U.S.C. § 1404(a), for all further proceedings. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 07/14/2026. No attached document. (dle) [Transferred from utd on 7/17/2026.] (Entered: 07/14/2026)
#11
Jul 17, 2026
CASE TRANSFERRED IN from District of Utah; Case Number 2:26-cv-00529. (Entered: 07/17/2026)
Main Document:
Case Transferred In - District Transfer
#12
Jul 17, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/17/2026)
Main Document:
Immigration New Case Documents
#13
Jul 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Todd Blanche,Shelley D. Weger, GOVT for Ruben Leyva,Shelley D. Weger, GOVT for Markwayne Mullin,Shelley D. Weger, GOVT for David Venturella (Weger, Shelley) (Entered: 07/17/2026)
Main Document:
DESIGNATION
#14
Jul 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/17/2026: 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 MDK) (Entered: 07/17/2026)
Jul 17, 2026
Minute Order
#15
Jul 21, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/21/2026. Petitioner, an immigration detainee proceeding through counsel, filed a 1 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914. Respondents are directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Wistong F. v. Immigration and Customs Enforcement, No. 1:26-cv-3399 TLN DMC, 2026 WL 1361794 (E.D. Cal. May 15, 2026), Vargas Monsalve v. Chestnut, No. 1:26-cv-00626 DAD CKD, 2026 WL 242066, and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. 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. (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
#16
Jul 28, 2026
Dismiss
Main Document:
Dismiss
#17
Aug 18, 2026
Extension of Time
Main Document:
Extension of Time
Aug 26, 2026
Minute Order AND Order on Motion for Extension of Time
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