Eastern District of California • 1:26-cv-05678

(HC) Ortega Gavarrete v. Warden of California City Immigration Processing Center

Completed

Case Information

Filed: July 21, 2026
Assigned to: Dena M. Coggins
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 31, 2026
Last Activity: October 06, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 21, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Orestes Cruz, Markwayne Mullin, David Venturella, Warden of California City Detention Center by Rene Daniel Ortega Gavarrete. (Attachments: # 1 Civil Cover Sheet)(Rios, George) Modified on 7/27/2026 (HAH). (Entered: 07/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 21, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Rene Daniel Ortega Gavarrete for attorney Pablo Palomeque to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13616686) (Attachments: # 1 Exhibit Certificate of Good Standing) (Rios, George) (Entered: 07/21/2026)
Main Document: Application for Pro Hac Vice and Proposed Order
#3
Jul 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 07/21/2026)
Main Document: Immigration New Case Documents
#4
Jul 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Respondents. (Assaf, Nisreen) Modified on 7/27/2026 (HAH). (Entered: 07/21/2026)
Main Document: DESIGNATION
Jul 21, 2026
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-13616661. (Rios, George)
#5
Jul 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 7/23/2026 DIRECTING Respondents to show cause why the writ should not be granted by filing an answer within 14 days. Petitioner may file a reply within 3 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the reply. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in his/her release or that a travel document is obtained for petitioner that will result in his/her imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondents shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 07/23/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jul 24, 2026
PRO HAC VICE ORDER signed by Magistrate Judge Sean C. Riordan on 7/23/2026 GRANTING 2 Application for Pro Hac Vice. Added attorney Pablo Palomeque, PHV for Rene Daniel Ortega Gavarrete. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk AMW) (Entered: 07/24/2026)
Main Document: Order on Application for Pro Hac Vice
#7
Aug 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Todd Blanche,Gabriel Andres Soto-Perez for Orestes Cruz,Gabriel Andres Soto-Perez for Markwayne Mullin,Gabriel Andres Soto-Perez for David Venturella,Gabriel Andres Soto-Perez for Warden, California City Immigration Processing Center, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/05/2026)
Main Document: DESIGNATION
#8
Aug 06, 2026
RESPONSE, filed by Todd Blanche, Orestes Cruz, Markwayne Mullin, David Venturella, and Warden, California City Immigration Processing Center to Petitioner's 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 I-213, # 2 Rap Sheet)(Soto-Perez, Gabriel) (Docket Text Modified on 8/25/2026 by CRS.) (Entered: 08/06/2026)
Main Document: RESPONSE,
#9
Aug 18, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 8/17/2026 RECOMMENDING Petitioner's 1 application for a writ of habeas corpus be granted; Respondents be ordered to immediately release Petitioner RENE DANIEL ORTEGA GAVARRETE (A#221-362-960) from their custody and to return all of Petitioner's documents and possessions at the time of release; Respondents be directed to file a notice certifying compliance with the above provisions within 3 days from the date of any final order requiring release; If the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove by clear and convincing evidence that petitioner is a flight risk or danger to the community such that his re-detention is warranted; The final order entered in this case not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal; and the Clerk of Court be directed to: a. Serve a copy of any release order on the California City Immigration Detention Facility; and, b. Enter judgment in favor of Petitioner and close this case. Referred to Judge Dena M. Coggins. Objections to F&R due within 3 days. (Deputy Clerk KLY) (Entered: 08/18/2026)
Main Document: Findings and Recommendations
#10
Aug 31, 2026
ORDER signed by District Judge Dena M. Coggins on 8/30/2026 ADOPTING IN PART 9 The Findings and Recommendations. Petitioner RENE DANIEL ORTEGA GAVARRETE's (A#221-362-960) application for a writ of habeas corpus (Doc. No. 1) is GRANTED as follows: Within fourteen (14) days of the date of entry of this order, Respondents are ORDERED to provide Petitioner with a bond hearing before an immigration judge pursuant to 8 C.F.R. § 1236.1(c)(8) at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety; and If Respondents fail to provide Petitioner a bond hearing within fourteen (14) days of the date of entry of this order, Petitioner shall be immediately released from Respondents' custody on the same terms as Petitioner's previous release; The Clerk of the Court is directed to serve a copy of this order on the California City Detention Facility; and The Clerk of the Court is directed to enter judgment in favor of Petitioner and close this case. CASE CLOSED. (cc: ICE-the California City Detention Facility) (Deputy Clerk LMS) (Entered: 08/31/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#11
Aug 31, 2026
JUDGMENT dated *8/31/2026* pursuant to order signed by District Judge Dena M. Coggins on 8/30/2026. (cc: ICE- The California City Detention Facility). (Deputy Clerk LMS) (Entered: 08/31/2026)
Main Document: Judgment
#12
Sep 25, 2026
Enforce Judgment
Main Document: Enforce Judgment
#13
Sep 29, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 9/29/2026: The court has reviewed Petitioner's 12 Motion to Enforce the Court's 10 Order. Respondents shall file an Opposition or Statement of Non-Opposition to that 12 Motion by 12:00 PM on 10/2/2026. In their response, Respondents shall attach: (i) a transcript or audio recording of the custody redetermination hearing Petitioner received, (ii) a copy of the Immigration Judge's order, and (iii) evidence of the advance notice Petitioner was provided about the time and date of the hearing. Petitioner may file a Reply by 12:00 PM on 10/6/2026. The 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 MCF) (Entered: 09/29/2026)
Sep 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#18
Oct 06, 2026
Reply to Response to Motion
Main Document: Reply to Response to Motion

Parties

(HC) Ortega Gavarrete
Party
Warden of California City Immigration Processing Center
Party