Eastern District of California • 1:26-cv-06206

(HC) Gallardo Cara v. U.S. Immigration and Customs Enforcement

Completed

Case Information

Filed: August 05, 2026
Assigned to: Daniel J. Calabretta
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 14, 2026
Last Activity: August 21, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 05, 2026
PETITION for WRIT of HABEAS CORPUS against U.S. Immigration and Customs Enforcement by Nelson Gallardo Cara. (Deputy Clerk DAR) (Entered: 08/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 05, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Nelson Gallardo Cara. (Attachments: # 1 Proposed Order TEMPORARY RESTRAINING ORDER) (Deputy Clerk DAR) (Entered: 08/06/2026)
Main Document: Temporary Restraining Order
Aug 05, 2026
RECEIPT number 100009070 for $5.00 from Nelson Gallardo Cara. (Deputy Clerk DAR)
#3
Aug 06, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 08/06/2026)
Main Document: Immigration New Case Documents
#4
Aug 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for U.S. Immigration and Customs Enforcement (Yu, Jonathan) (Entered: 08/06/2026)
Main Document: DESIGNATION
#5
Aug 06, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/6/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before August 11, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This 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 ORDER] (Deputy Clerk GJM) (Entered: 08/06/2026)
Aug 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 06, 2026
Service by Mail
Aug 06, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Nelson Gallardo Cara. (Deputy Clerk DAR)
Aug 06, 2026
SERVICE BY MAIL: 5 Minute Order served on Nelson Gallardo Cara. (Deputy Clerk GJM)
#6
Aug 11, 2026
RESPONSE to 5 ORDER to SHOW CAUSE by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 08/11/2026)
Main Document: RESPONSE
#7
Aug 14, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 8/14/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner NELSON GALLARDO CARA (A# 246-328-723) from their custody and to not impose any additional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve California City Immigration Detention Facility with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. Respondents shall file a status report within five (5) days of Petitioner's release, confirming Petitioner's release. CASE CLOSED. (cc: ICE–California City Immigration Detention Facility) (Deputy Clerk GJM) (Entered: 08/14/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#8
Aug 14, 2026
JUDGMENT dated *8/14/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 8/14/2026. (Deputy Clerk GJM) (Entered: 08/14/2026)
Main Document: Judgment
Aug 14, 2026
Service by Mail
Aug 14, 2026
SERVICE BY MAIL: 7 Release Order, 8 Judgment served on Nelson Gallardo Cara. (Deputy Clerk GJM)
#9
Aug 17, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk DAR) (Entered: 08/18/2026)
Main Document: CONSENT/DECLINE
#10
Aug 21, 2026
STATUS REPORT by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 08/21/2026)
Main Document: STATUS

Parties

(HC) Gallardo Cara
Party
U.S. Immigration and Customs Enforcement
Party