Eastern District of California • 1:26-cv-08043
(HC) Rivero v. Warden, California City Immigration Processing Center
Active
Case Information
Filed: September 30, 2026
Assigned to:
Dena M. Coggins
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 09, 2026
Parties:
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Docket Entries
#1
Sep 30, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Gustavo Rivero. (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 30, 2026
MOTION to EXPEDITE CONSIDERATION of re 1 Petition for Writ of Habeas Corpus by Gustavo Rivero. (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document:
Miscellaneous Relief
Sep 30, 2026
RECEIPT number 100009835 for $5.00 from Gustavo Rivero Napoles. (Deputy Clerk DAR)
#3
Oct 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document:
Immigration New Case Documents
#4
Oct 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Immigration Processing Center (Rodriguez, Elisa) (Entered: 10/02/2026)
Main Document:
DESIGNATION
#5
Oct 02, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/2/2026: Petitioner, an immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. Accordingly, it is hereby ORDERED that: 1. Within seven days of this order's service, respondent must file an answer to the petition and a response to the motion to expedited consideration. The answer must address the merits of the petition and set forth the "true cause of the detention." See 28 U.S.C. § 2243. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. Respondent shall attach any documents necessary for resolving the issues presented in the petition. Arguments that are not supported with relevant evidence will not be considered. 2. Petitioner may file a traverse to respondent's answer within seven days of the date of service of that answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 3. If respondent learns of petitioner's removal or any other change in petitioner's detention status, respondent shall submit a status report notifying the court as soon as practicably possible. (Text Only Entry). (Deputy Clerk NAC) (Entered: 10/02/2026)
Oct 02, 2026
SERVICE BY MAIL: 5 Minute Order served on Gustavo Rivero. (Deputy Clerk NAC)
Oct 02, 2026
Minute Order
Oct 02, 2026
Service by Mail
Oct 02, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Gustavo Rivero. (Deputy Clerk DAR)
#6
Oct 09, 2026
Notice of Related Case
Main Document:
Notice of Related Case
#7
Oct 09, 2026
Notice (Other)
Main Document:
Notice (Other)
Parties
(HC) Rivero
Party
Warden, California City Immigration Processing Center
Party