Eastern District of California • 1:25-cv-02078

(HC) Herredia Gurrola v. Cruz

Active

Case Information

Filed: December 31, 2025
Assigned to: Jennifer L. Thurston
Referred to: Helena Barch-Kuchta
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: April 07, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 31, 2025
PETITION for WRIT of HABEAS CORPUS against All Defendants by Gonzalo Alexis Herredia Gurrola. (Filing fee $ 5, receipt number ACAEDC-12715913) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits in Support of Habeas)(Rios, George) (Entered: 12/31/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Dec 31, 2025
ORDER RE CONSENT ISSUED: Consent or Decline due within thirty (30) days. (Deputy Clerk AML) (Entered: 12/31/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Jan 02, 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. (Rios, George) (Entered: 01/02/2026)
Main Document: CONSENT/DECLINE
#4
Jan 02, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#5
Jan 03, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 4 ). Petitioner asserts he is being subjected to detention without a substantive bond bearing. The facts presented indicate he was detained in July 2025 more than five months ago and was denied a substantive bond hearing in August 2025 more than four months ago. Thus, the Court the TRO request is untimely and is DENIED. On the other hand, at his bond hearing the IJ determined that she lacked jurisdiction but, even still, also found that Petitioner posed a danger to the community based upon his criminal history, suggesting that, in fact, he received a substantive bond hearing. (Doc. 1-2 at 167) Petitioner claims that this determination was error, but even if it was, he does not suggest how this Court is authorized to overturn the IJ's determination in this regard. In addition, he alleges also that he is a member of the Bautista class, which entitles him to a substantive bond hearing. Though he does not outline how, if this is correct, this Court is entitled to act to provide relief in the Bautista action. In an abundance of caution, the Court finds that Petitioner raises a serious question as to the process he is due and has received. Thus, the Court converts the motion to one seeking a permanent injunction and refers the matter to the assigned magistrate judge to address as quickly as possible. No later than January 6, 2026, Petitioner SHALL give notice to the U.S. Attorney's Office for this district signed by District Judge Jennifer L. Thurston on January 3, 2026. (Deputy Clerk IM) (Entered: 01/03/2026)
Jan 03, 2026
Order on Motion for TRO
#6
Jan 05, 2026
Request
Main Document: Request
#7
Jan 06, 2026
MINUTE ORDER (Text Only): Petitioner filed a petition for habeas corpus pursuant to 28 U.S.C. § 2241 on December 31, 2025 (Doc. No. 1 ). On January 2, 2026, Petitioner filed a related request for a temporary restraining order (Doc. No. 4, "TRO"). On January 3, 2026, the presiding district judge denied the TRO, converted the motion to one seeking permanent injunction, and referred the motion to the undersigned (Doc. No. 5 ). The presiding district judge also instructed Petitioner to give notice to the U.S. Attorney's Office no later than January 6, 2026. (Id.). To the extent not already accomplished, no later than January 7, 2026, Petitioner's counsel is directed: (1) to serve Respondents with a copy of the Petition, the motion for preliminary injunction, and accompanying papers, along with a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Upon preliminary review, it is not clear from the face of the petition whether Petitioners are entitled to relief. Accordingly, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than January 21, 2026, why the Court should not grant Petitioner's motion for a preliminary injunction. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (if not already filed, see Doc. No. 1 ) and other supporting documents, including available documentation related to previous custody determinations. In addition, Respondents SHALL specifically address, per the presiding district judge's order 5, whether Petitioner did receive a substantive bond hearing despite the immigration judge's finding that she lacked jurisdiction, and the extent of this Courts authorization to overturn the IJ's "independent conclusion" determination that Petitioner poses a danger to the community. (See Doc. No. 1-2 at 167). Petitioners may file a reply no later than January 28, 2026. The Court further directs the parties to indicate in their respective papers whether they are requesting a hearing. Depending on the content of the filings, the Court may set a hearing or may rule on the papers. Minute order signed by Magistrate Judge Helena M. Barch-Kuchta on 1/6/2026. (Deputy Clerk CLA) (Entered: 01/06/2026)
#8
Jan 06, 2026
TEXT ONLY ORDER FINDING AS MOOT 6 Petitioner's Request for Issuance of Summons. Pursuant to the Courts Minute Orders at Doc. Nos. 5 and 7, Petitioners Notice to the United States Attorneys Office for the Eastern District of California only requires service of a copy of the Petition 1, the Motion for temporary restraining order and accompanying papers 4, and copies of the relevant Court Orders [5, 7] by email and overnight mail no later than January 7, 2026. signed by Magistrate Judge Helena M. Barch-Kuchta on 1/6/2026. (CR) (Entered: 01/06/2026)
#9
Jan 06, 2026
AMENDED MINUTE ORDER (Text Only Entry) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 4 ). Petitioner asserts he is being subjected to detention without a substantive bond bearing. The facts presented indicate he was detained in July 2025 more than five months ago and was denied a substantive bond hearing in August 2025 more than four months ago. Thus, the Court the TRO request is untimely and is DENIED. On the other hand, at his bond hearing the IJ determined that she lacked jurisdiction but, even still, also found that Petitioner posed a danger to the community based upon his criminal history, suggesting that, in fact, he received a substantive bond hearing. (Doc. 1-2 at 167) Petitioner claims that this determination was error, but even if it was, he does not suggest how this Court is authorized to overturn the IJ's determination in this regard. In addition, he alleges also that he is a member of the Bautista class, which entitles him to a substantive bond hearing. Though he does not outline how, if this is correct, this Court is entitled to act to provide relief in the Bautista action. In an abundance of caution, the Court finds that Petitioner raises a serious question as to the process he is due and has received. Thus, the Court converts the motion to one seeking a preliminary injunction and refers the matter to the assigned magistrate judge to address as quickly as possible. No later than January 6, 2026, Petitioner SHALL give notice to the U.S. Attorney's Office for this district signed by District Judge Jennifer L. Thurston on January 6, 2026. (Deputy Clerk IM) (Entered: 01/06/2026)
Jan 06, 2026
Order on Request
Jan 06, 2026
Minute Order
Jan 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Jan 15, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#11
Jan 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Michael G. Tierney for Orestes Cruz (Tierney, Michael) (Entered: 01/21/2026)
Main Document: DESIGNATION
#12
Jan 21, 2026
RESPONSE by Orestes Cruz to 7 Minute Order,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,, 9 Minute Order,,,,,, 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Declaration)(Tierney, Michael) (Entered: 01/21/2026)
Main Document: RESPONSE
#13
Jan 22, 2026
REPLY by Gonzalo Alexis Herredia Gurrola re 12 Response. (Attachments: # 1 Exhibit Ex 15 in support of TRO and Reply to Respondents' Motion to Dismiss)(Rios, George) (Entered: 01/22/2026)
Main Document: REPLY
#15
Feb 23, 2026
Findings and Recommendations
Main Document: Findings and Recommendations
#16
Feb 23, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#17
Mar 05, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#18
Mar 05, 2026
Judgment
Main Document: Judgment
#19
Mar 19, 2026
Reconsideration
Main Document: Reconsideration
Mar 27, 2026
Minute Order
#21
Apr 02, 2026
Opposition to Motion
Main Document: Opposition to Motion
#22
Apr 07, 2026
Reply to Response to Motion
Main Document: Reply to Response to Motion