Eastern District of California • 1:26-cv-00691

(HC) Gutierrez Cardona v. Chestnut

Active

Case Information

Filed: January 27, 2026
Assigned to: Troy Lynne Nunley
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 11, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 27, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Hector Alfonso Gutierrez Cardona. (Filing fee $ 5, receipt number ACAEDC-12814459) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) Modified on 2/4/2026 (KS). (Entered: 01/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Hector Alfonso Gutierrez Cardona. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 TRO Checklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 01/27/2026)
Main Document: Temporary Restraining Order
#3
Jan 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/2/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 01/27/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Jan 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Jonathan Williams, GOVT added for All Respondents. (Williams, Jonathan) Modified on 2/4/2026 (KS). (Entered: 01/27/2026)
Main Document: DESIGNATION
#5
Jan 27, 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. (Williams, Jonathan) (Entered: 01/27/2026)
Main Document: CONSENT/DECLINE
#6
Jan 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 27, 2026: ORDER FOR IMMEDIATE RELEASE FROM DETENTION FACILITY: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not issue a preliminary injunction continuing the terms of this Order. Respondents shall file responsive papers by February 3, 2026. Petitioner may file a reply by February 6, 2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/27/2026)
#7
Jan 27, 2026
PROOF of SERVICE re 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order and 6 Minute Order by Hector Alfonso Gutierrez Cardona. (Salgado, Mario) Modified on 2/4/2026 (KS). (Entered: 01/27/2026)
Main Document: Certificate / Proof of Service
Jan 27, 2026
Minute Order AND Order on Motion for TRO
#8
Jan 30, 2026
OPPOSITION to Preliminary Injunction; REQUEST for 180-DAY PERIOD OF TIME to respond to 1 Petition by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Williams, Jonathan) Modified on 2/5/2026 (HAH). (Entered: 01/30/2026)
Main Document: OPPOSITION
#9
Feb 06, 2026
REPLY by Hector Alfonso Gutierrez Cardona. (Salgado, Mario) Modified on 2/11/2026 (HAH). (Entered: 02/06/2026)
Main Document: REPLY
#10
Feb 20, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 02/19/26 ISSUING a Preliminary Injunction. Respondents are ENJOINED and RESTRAINED from imposing additional restrictions on Petitioner's terms of release, unless such restrictions are dete rmined to be necessary at a future pre-deprivation/custody hearing. Respondents are further ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation/custody hearing before a neutral decisionmaker. Pursuant to Local Rule 302(a), this matter is hereby REFERRED to the assigned Magistrate Judge for further proceedings. (Deputy Clerk VLC)
Main Document: Order
#11
Feb 26, 2026
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion for Extension of Time
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND Order on Motion for Extension of Time
#15
Aug 24, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 8/24/2026 RECOMMENDING the 1 petition for writ of habeas corpus be granted. Referred to Judge Troy L. Nunley. Objections to F&R due within 7 days. (Deputy Clerk KLY)
Main Document: Findings and Recommendations
#16
Aug 29, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#18
Sep 11, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 9/10/2026 ADOPTING 15 Findings and Recommendations in full; GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ENJOINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. Clerk is directed to enter judgment for Petitioner. CASE CLOSED. (Deputy Clerk KEZ)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#19
Sep 11, 2026
Judgment
Main Document: Judgment

Parties

Chestnut
Party
(HC) Gutierrez Cardona
Party