Eastern District of California • 1:26-cv-06977
(HC) Gutierrez Leiva v. Warden, California City Immigration Processing Center
Completed
Case Information
Filed: September 01, 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
Completed: September 11, 2026
Last Activity:
September 16, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 01, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Aunner Gutierrez Leiva. (Deputy Clerk DAR) (Entered: 09/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Aunner Gutierrez Leiva. (Deputy Clerk DAR) (Entered: 09/02/2026)
Main Document:
Temporary Restraining Order
#3
Sep 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/02/2026)
Main Document:
Immigration New Case Documents
#4
Sep 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/2/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting 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: 09/02/2026)
#5
Sep 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Warden, California City Immigration Processing Center (Disparte, Quinn) (Entered: 09/02/2026)
Main Document:
DESIGNATION
Sep 02, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Aunner Gutierrez Leiva. (Deputy Clerk DAR)
Sep 02, 2026
SERVICE BY MAIL: 4 Minute Order served on Aunner Gutierrez Leiva. (Deputy Clerk MDK)
Sep 02, 2026
Minute Order
Sep 02, 2026
Service by Mail
Sep 02, 2026
RECEIPT number 2000020815 for $5.00 from Aunner Gutierrez Leiva. (Deputy Clerk DAR)
#6
Sep 04, 2026
REPLY by Warden, California City Immigration Processing Center re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 NTA, # 2 I-286, # 3 I-213, # 4 I-200)(Disparte, Quinn) (Entered: 09/04/2026)
Main Document:
REPLY
#7
Sep 11, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 09/10/2026 GRANTING the 1 Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Petitioner Aunner G.L., A# 221-475-633, from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents must file a notice certifying compliance with this provision of the Court's Order within 2 court days from the date of this Order. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of 7 days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. The 2 Motion for Temporary Restraining Order is DENIED as moot. CASE CLOSED. (cc: California City) (Deputy Clerk KS) (Entered: 09/11/2026)
#8
Sep 11, 2026
JUDGMENT dated *09/11/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 09/10/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 09/11/2026)
Main Document:
Judgment
Sep 11, 2026
SERVICE BY MAIL: 7 Order and 8 Judgment served on Aunner Gutierrez Leiva. (Deputy Clerk KS)
Sep 11, 2026
Service by Mail
#9
Sep 14, 2026
NOTICE OF COMPLIANCE by Warden, California City Immigration Processing Center. (Disparte, Quinn) (Entered: 09/14/2026)
Main Document:
Notice of Compliance
#10
Sep 16, 2026
RESPONSE by Aunner Gutierrez Leiva to 6 Reply. (Deputy Clerk RRB) (Entered: 09/17/2026)
Main Document:
RESPONSE
#11
Sep 16, 2026
BRIEF in support of release filed by Aunner Gutierrez Leiva. (Deputy Clerk RRB) (Entered: 09/17/2026)
Main Document:
BRIEF
Parties
(HC) Gutierrez Leiva
Party
Warden, California City Immigration Processing Center
Party