Central District of California • 5:26-cv-05596

Jose Agustin Gutierrez Garcia v. Warden of Adelanto ICE Processing Center

Completed

Case Information

Filed: September 22, 2026
Assigned to: Daniel S. Roberts
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: October 06, 2026
Last Activity: October 07, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 22, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Magistrate Judge Daniel S. Roberts. (Filing fee $ 5 FEE PAID.), filed by Petitioner Jose Agustin Gutierrez Garcia. (et) (Entered: 09/23/2026)
Main Document: Petition for Writ of Habeas Corpus (2241)
#2
Sep 22, 2026
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 United States Code Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Jose Agustin Gutierrez Garcia. (et) (Entered: 09/23/2026)
Main Document: Consent to Proceed before U S Magistrate Judge (non-AUSA)
#3
Sep 23, 2026
NOTICE OF ASSIGNMENT to a U.S. Magistrate Judge. This case has been assigned to Magistrate Judge Daniel S. Roberts. (et) (Entered: 09/23/2026)
Main Document: Notice of Assignment to U.S. Magistrate Judge CV-25B optional html form
#4
Sep 23, 2026
Notice of General Order 26-05 and Briefing Schedule. (et) (Entered: 09/23/2026)
Main Document: Notice (Scheduling Order 2241) - optional html form
#5
Sep 23, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (et) (Entered: 09/23/2026)
Main Document: Notice of Resources for ProSe Litigants (CV-134) - optional html form
#6
Sep 26, 2026
This action has been fully consented to according to General Order 26-05. The case will proceed before a magistrate judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lkr) TEXT ONLY ENTRY (Entered: 09/30/2026)
Sep 30, 2026
Immigration 2241 Full Consent
#7
Oct 02, 2026
(IN CHAMBERS) ORDER TO SHOW CAUSE RE FAILURE TO ANSWER PETITION AND SHOW CAUSE WHY THE WRIT OF HABEAS CORPUS SHOULD NOT BE GRANTED by Magistrate Judge Daniel S. Roberts. Respondents are hereby ORDERED TO SHOW CAUSE in writing, no later than 5:00 p.m. on October 5, 2026, why they have failed to comply with the Court's order requiring them to file a Notice of Appearance and an Answer and show cause why the habeas petition should not be granted. Respondents may do so by either filing the Notice of Appearance and an Answer in which they address ALL claims and bases alleged in the Petition or by filing a sworn Declaration showing good cause for their failure to comply with the Court's September 23rd Order and a commitment to a date by which they will file the required documents. FAILURE TO RESPOND TO THIS ORDER WILL BE TREATED AS A CONCESSION THAT PETITIONER IS ENTITLED TO THE RELIEF SOUGHT IN THE PETITION, INCLUDING IMMEDIATE RELEASE FROM RESPONDENTS' CUSTODY AND AN INJUNCTION PROHIBITING HIS RE-DETENTION WITHOUT ADVANCE NOTICE AND A PRE-DEPRIVATION HEARING. If Respondents timely file an Answer to the Petition, Petitioner may file a Reply thereto within three days of service of that Answer, after which the case will be taken under submission for decision without oral argument, unless otherwise ordered by the Court. IT IS SO ORDERED. (SEE ORDER FOR DETAILS.) (lkr) (Entered: 10/02/2026)
Main Document: Order to Show Cause
#8
Oct 06, 2026
ORDER GRANTING UNOPPOSED PETITION FOR WRIT OF HABEAS CORPUS AND ORDERING IMMEDIATE RELEASE by Magistrate Judge Daniel S. Roberts 1 . The Court therefore finds that Petitioner is presently in custody of Respondents in violation of the Constitution or laws or treaties of the United States; thus, a Writ of Habeas Corpus should issue pursuant to 28 U.S.C. § 2241 compelling his immediate release. IT IS THEREFORE ORDERED that: (A) Respondents shall immediately release Petitioner JOSE AGUSTIN GUTIERREZ GARCIA (A No. 241-991-428) from immigration custody subject only to any conditions of release in place prior to his March 10, 2026, re-detention. (B) Respondents shall not re-detain Petitioner without first providing Petitioner with at least seven days written notice and a pre-deprivation hearing before a neutral arbiter to contest the basis for his re-detention. (C) Respondents shall provide Petitioner with a copy of this Order at or near the time of release. (D) Within two days of the date of this Order, Respondents shall file with the Court a status report confirming Petitioner's release and return of any personal property and documents (E) The Court will issue Judgment consistent with this Order. IT IS SO ORDERED. (SEE ORDER FOR FURTHER DETAILS.) (lkr) (Entered: 10/06/2026)
Main Document: Order on Petition for Writ of Habeas Corpus
#9
Oct 06, 2026
JUDGMENT by Magistrate Judge Daniel S. Roberts. Pursuant to the Court's separately filed Order Granting Unopposed Petition for Writ of Habeas Corpus and Ordering Immediate Release 8, IT IS HEREBY ORDERED AND ADJUDGED that the Petition for Writ of Habeas Corpus is granted, and that judgment is entered in favor of Petitioner and against Respondents. The Order constitutes final disposition of the Petition by the Court. (MD JS-6, Case Terminated). (lkr) (Entered: 10/06/2026)
Main Document: Judgment
#10
Oct 07, 2026
STATUS REPORT filed by Respondent Warden of Adelanto ICE Processing Center. (Beck, Daniel) (Entered: 10/07/2026)
Main Document: Status Report