Eastern District of California • 1:26-cv-05827
(HC) Gomes Serrato v. Warden, Mesa Verde Detention Facility
Active
Case Information
Filed: July 27, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by Gabriel Gomes Serrato. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Gabriel Gomes Serrato. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document:
In Forma Pauperis
#3
Jul 27, 2026
MOTION to APPOINT COUNSEL by Gabriel Gomes Serrato. (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document:
Appoint Counsel
#4
Jul 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/28/2026)
Main Document:
Immigration New Case Documents
#5
Jul 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, Mesa Verde Detention Facility (Rodriguez, Elisa) (Entered: 07/28/2026)
Main Document:
DESIGNATION
Jul 28, 2026
Service by Mail
Jul 28, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Gabriel Gomes Serrato. (Deputy Clerk DAR)
#6
Jul 31, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/31/2026. Petitioner, a self-represented immigration detainee, filed a 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 respond to the petition within 7 days from the date of this order. Respondents shall substantively address whether there are any factual or legal issues that materially distinguish this case from Rodriguez Vasquez v. Bostock, et al., No. 25-6842 (9th Cir. July 30, 2026) and this court's prior orders in Najera Avila v. Warden of the Golden State Annex Det. Facility, No. 1:26-CV-4006 DC AC, 2026 WL 1733665, at *1 (E.D. Cal. June 16, 2026), report and recommendation adopted sub nom. Avila v. Warden of the Golden State Annex Det. Facility, No. 1:26-CV-04006-DC-AC (HC), 2026 WL 1846724 (E.D. Cal. June 26, 2026), Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and other similar cases previously decided by this court. Any response must include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants or notices, 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 after being served a copy of respondent's response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/31/2026)
Jul 31, 2026
Service by Mail
Jul 31, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Jul 31, 2026
SERVICE BY MAIL: 6 Minute Order served on Gabriel Gomes Serrato. (Deputy Clerk JAA)
#7
Aug 07, 2026
Notice of Related Case
Main Document:
Notice of Related Case
#8
Aug 07, 2026
Dismiss
Main Document:
Dismiss
#9
Aug 10, 2026
MINUTE ORDER (Text Only Entry) Because it appears that cases 1:26-cv-03979 JLT EPG and 1:26-cv-05827 DC AC involve the same parties and the same facts, Case No. 1:26-cv-05827 DC AC SHALL be reassigned to the undersigned signed by District Judge Jennifer L. Thurston on August 10, 2026. (Deputy Clerk IM) (Entered: 08/10/2026)
#10
Aug 10, 2026
MINUTE ORDER (Text Only Entry) Because it appears that cases 1:26-cv-03979 JLT EPG and 1:26-cv-05827 JLT AC involve the same parties and the same facts, Case No. 1:26-cv-05827 JLT AC SHALL be reassigned REASSIGNED to Magistrate Judge Erica P. Grosjean pursuant to Local Rule 123. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on August 10, 2026. (Deputy Clerk IM) (Entered: 08/10/2026)
#11
Aug 10, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. The new case number is: 1:26-cv-05827-JLT-EPG. (Deputy Clerk OFR) (Entered: 08/10/2026)
#12
Aug 10, 2026
MINUTE ORDER (Text Only Entry) Within 14 days, Petitioner SHALL file his opposition or statement of no opposition to the Motion to Dismiss (Doc. 8) signed by District Judge Jennifer L. Thurston on August 10, 2026. (Deputy Clerk IM) (Entered: 08/10/2026)
Aug 10, 2026
SERVICE BY MAIL: 12 Minute Order served on Gabriel Gomes Serrato. (Deputy Clerk IM)
Aug 10, 2026
Service by Mail
Aug 10, 2026
Minute Order
Aug 10, 2026
SERVICE BY MAIL: 9 Minute Order served on Gabriel Gomes Serrato. (Deputy Clerk IM)
Aug 10, 2026
SERVICE BY MAIL: 10 Minute Order served on Gabriel Gomes Serrato. (Deputy Clerk IM)
Aug 10, 2026
SERVICE BY MAIL: 11 Clerk's Notice Reassigning Case served on Gabriel Gomes Serrato. (Deputy Clerk OFR)
Parties
(HC) Gomes Serrato
Party
Warden, Mesa Verde Detention Facility
Party