Eastern District of Wisconsin • 2:26-cv-01274
Gutierrez Hernandez v. Schmidt
Active
Case Information
Filed: July 21, 2026
Assigned to:
Stephen C. Dries
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
August 19, 2026
Parties:
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Docket Entries
#1
Jul 21, 2026
PETITION for Writ of Habeas Corpus filed by Rodolfo Gutierrez Hernandez. ( Filing Fee PAID $5 receipt number AWIEDC-5307125) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Ice Police Report, # 3 Exhibit B - Notice to Appear)(Sesini, John)
Main Document:
Petition for Writ of Habeas Corpus
Jul 21, 2026
NOTICE Regarding assignment of this matter to Magistrate Judge Stephen C Dries; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available here. (lmu)
Jul 21, 2026
Notice of Judge Assignment
#2
Jul 22, 2026
Consent/Refusal to Jurisdiction by US Magistrate Judge
Main Document:
Consent/Refusal to Jurisdiction by US Magistrate Judge
#3
Jul 23, 2026
Order to Show Cause
Main Document:
Order to Show Cause
Jul 23, 2026
Case Assigned/Reassigned
Jul 24, 2026
Transmit Complaint/Notice/Waiver
#4
Aug 03, 2026
Response (Non-Motion)
Main Document:
Response (Non-Motion)
#5
Aug 14, 2026
Reply (Non-Motion)
Main Document:
Reply (Non-Motion)
#6
Aug 17, 2026
Order
Main Document:
Bond
Aug 17, 2026
Notice of Electronic Filing Error
Aug 18, 2026
Notice of Electronic Filing Error
#7
Aug 19, 2026
ORDER signed by Judge Lynn Adelman on 8/19/2026. IT IS ORDERED that the petition for a writ of habeas corpus is GRANTED. Petitioner shall be afforded a bond hearing pursuant to 8 U.S.C. § 1226(a) within ten (10) days of this order. Petitioner mu st file a bond motion with the Executive Office for Immigration Review. At the bond hearing, petitioner shall bear the evidentiary burden to show he is not a flight risk by a preponderance of the evidence or a danger to the community by clear and con vincing evidence. IT IS FURTHER ORDERED that the Court DECLINES TO RULE on petitioner's motion for bond (ECF No. 6 ). IT IS FURTHER ORDERED that the Clerk of Court terminate all respondents except Warden Dale J. Schmidt. Additional details in order. (cc: all counsel)(amh)
#8
Aug 19, 2026
1 -Terminate Deadlines and Hearings AND Judgment AND ~Util - Terminate Motions
Main Document:
1 -Terminate Deadlines and Hearings AND Judgment AND ~Util - Terminate Motions
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