Eastern District of California • 1:26-cv-07190

(HC) Guerra v. Warden of the California City Detention Facility

Completed

Case Information

Filed: September 08, 2026
Assigned to: Micah Wj Smith
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 17, 2026
Last Activity: September 21, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 08, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the California City Detention Facility by Carlos Guerra. (Deputy Clerk SZ) (Entered: 09/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 08, 2026
MOTION to APPOINT COUNSEL by Carlos Guerra. (Deputy Clerk SZ) (Entered: 09/10/2026)
Main Document: Appoint Counsel
#3
Sep 10, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Carlos Guerra signed by Visiting Judge Micah WJ Smith on 09/10/2026. (Deputy Clerk SZ) (Entered: 09/10/2026)
Main Document: 05 - HC/Order Authorizing IFP
#4
Sep 10, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 09/10/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#5
Sep 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of the California City Detention Facility (Yu, Jonathan) (Entered: 09/10/2026)
Main Document: DESIGNATION
Sep 10, 2026
Service by Mail
Sep 10, 2026
SERVICE BY MAIL: 3 Order Authorizing IFP Status, 4 Immigration New Case Documents served on Carlos Guerra. (Deputy Clerk SZ)
#6
Sep 11, 2026
EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus. The court intends to rule directly on the Petition. See 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."). On or before September 14, 2026, Respondents are ORDERED TO SHOW CAUSE as to the following four questions: 1. Is Petitioner subject to mandatory detention pursuant to 8 U.S.C. § 1226(c) or any provision of the INA other than § 1225(b)(2)? 2. Was Petitioner ever previously detained and released by immigration authorities? If the answer to this question is yes, do Respondents believe that there is any factual or legal basis to distinguish this case from the many prior cases in which district judges have addressed this issue? See Diaz Vlez v. Collins, No. 1:26-cv-07001-MWJS, 2026 WL 2643625 (E.D. Cal. Sept. 8, 2026); Jimenez Ludena v. Warden, Central Valley Annex, No. 1:26-cv-06752-MWJS, 2026 WL 2617322 (E.D. Cal. Sept. 3, 2026); Germinal v. Warden of the Mesa Verde Detention Facility, 1:26-cv-03776-MWJS, 2026 WL 1457554 (E.D. Cal. May 21, 2026); De Leon Sales v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026). 3. Do Respondents dispute that Petitioner was previously granted Salvadoran Temporary Protected Status (TPS)? If Respondents do not dispute that Petitioner previously held TPS, do Respondents believe there is any factual or legal basis to distinguish this case from the many prior cases in which district judges have addressed this issue? See Machuca v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-05119, 2026 WL 2130247 (E.D. Cal. July 23, 2026); Rivas Velasquez v. Warden, No. 1:25-cv-1818, 2026 WL 494475 (E.D. Cal. Feb. 23, 2026); Majano Mendoza v. Andrews, No. 1:26-cv-01976, 2026 WL 747344 (E.D Cal. Mar. 17, 2026). 4. Did Petitioner hold TPS at the time of his arrest? If the answer to this question is yes, Respondents must address whether they assert that Petitioner's arrest was proper in light of 8 U.S.C. § 1254a(d)(4), which prohibits the detention of noncitizens holding TPS. Respondents must also address whether they believe that there is any factual or legal basis to distinguish this case from the many prior cases in which district judges have addressed this issue. See Echeverria v. Janecka, No. 1:25-cv-01832, 2026 WL 44896 (E.D. Cal. Jan. 7, 2026); Aguirre v. Mattos, No. 2:26-cv-00785, 2026 WL 1256385 (D. Nev. May 6, 2026); Bernal Muniz v. Mullin, No. 2:26-cv-02020, 2026 WL 2281054 (D. Nev. Aug. 7, 2026).Petitioner may file a reply on or before September 15, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. And given the court's ongoing consideration of the Petition and Motion, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). IT IS SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/11/2026)
Sep 11, 2026
Service by Mail
Sep 11, 2026
Minute Order
Sep 11, 2026
SERVICE BY MAIL: A copy of Dkt. No. 6 Entering Order, was served on Carlos Guerra. (Deputy Clerk AB)
#7
Sep 14, 2026
RESPONSE to 6 ORDER to SHOW CAUSE by Warden of the California City Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) (Entered: 09/14/2026)
Main Document: RESPONSE
#8
Sep 17, 2026
ORDER signed by District Judge Micah W.J. Smith on 9/17/2026 GRANTING 1 Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Carlos Guerra (A# 094-406-453) from custody under the same conditions he was released prior to his current detention. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. (cc: ICE - California City) CASE CLOSED. (Deputy Clerk AB) (Entered: 09/17/2026)
Main Document: Order AND ~Util - Terminate Civil Case
#9
Sep 17, 2026
JUDGMENT dated *9/17/2026* pursuant to Dkt. No. 8 Order signed by District Judge Micah W. J. Smith on 9/17/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 09/17/2026)
Main Document: Judgment
Sep 17, 2026
SERVICE BY MAIL: A copy of Dkt. No. 8 Order, and Dkt. No. 9 Judgment, was served on Carlos Guerra. (Deputy Clerk AB)
Sep 17, 2026
Service by Mail
#10
Sep 21, 2026
NOTICE OF COMPLIANCE re 8 Order,, Terminate Civil Case, by Warden of the California City Detention Facility. (Yu, Jonathan) (Entered: 09/21/2026)
Main Document: Notice of Compliance

Parties

(HC) Guerra
Party
Warden of the California City Detention Facility
Party