Eastern District of California • 1:25-cv-01163

(HC) Guerrero Lepe v. Andrews

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Case Information

Filed: September 08, 2025
Assigned to: Kirk E. Sherriff
Referred to: Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 08, 2025
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Pam Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem by Quirino Guerrero Lepe. (Filing fee $ 5, receipt number ACAEDC-12450530) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Abel, Jonathan) (Entered: 09/08/2025)
Main Document: Petition for Writ of Habeas Corpus
Attachment 1: Civil Cover Sheet Civil Cover Sheet
#2
Sep 08, 2025
MOTION for TEMPORARY RESTRAINING ORDER by Quirino Guerrero Lepe. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit TRO Checklist, # 3 Declaration Declaration of Counsel (Jonathan Abel) in Support of Motion for TRO & PI, # 4 Exhibit Ex. A: Index to Exhibits, # 5 Exhibit Ex. B: Motion for Bond Redetermination, # 6 Exhibit Ex. C: Index to Exhibits and Form EOIR-28 ISO Motion for Bond Redetermination, # 7 Exhibit Ex. D: Evidence 01 Exhs A-G ISO Motion for Bond Redetermination, # 8 Exhibit Ex. E: Evidence 02 Exhs. H - O ISO Motion for Bond Redetermination, # 9 Exhibit Ex. F: Evidence 03 Exhs P - V In Support of Motion for Bond Redetermination, # 10 Exhibit Ex. G: Evidence 04 Exhs. W-X ISO Motion for Bond Redetermination, # 11 Exhibit Ex. H: Motion to Find Respondent Detained Under INA 236a, # 12 Exhibit Ex. I: Evidence ISO Motion to Find Respondent Detained Under INA 236a, # 13 Exhibit Ex. J: Witness List for Bond Redetermination, # 14 Exhibit Ex. K: Notice to Appear, # 15 Exhibit Ex. L: DHS Opposition to Bond Redetermination Request, # 16 Exhibit Ex. M: I-213, # 17 Exhibit Ex. N: Order of the Immigration Judge of Aug. 27 2025 on Motion for Bond Redetermination, # 18 Exhibit Ex. O: Order of the Immigration Judge of Aug. 27 2025 -- Motion to Find Respondent Detained Under INA 236a, # 19 Exhibit Ex. P: E-mail Correspondence between Jonathan Abel and ERO Fresno Detained Unit, # 20 Exhibit Ex. Q: ICE-DOJ Policy on INA 235(b) Mandatory Detention, # 21 Exhibit Ex. R: List of Unpublished Decisions)(Abel, Jonathan) (Entered: 09/08/2025)
Main Document: Temporary Restraining Order
Attachment 1: Proposed Order Proposed Order
Attachment 2: Exhibit TRO Checklist
Attachment 3: Declaration Declaration of Counsel (Jonathan Abel) in Support of Motion for TRO
Attachment 4: Exhibit Ex. A: Index to Exhibits
Attachment 5: Exhibit Ex. B: Motion for Bond Redetermination
Attachment 6: Exhibit Ex. C: Index to Exhibits and Form EOIR-28 ISO Motion for Bond Redetermin
Attachment 7: Exhibit Ex. D: Evidence 01 Exhs A-G ISO Motion for Bond Redetermination
Attachment 8: Exhibit Ex. E: Evidence 02 Exhs. H - O ISO Motion for Bond Redetermination
Attachment 9: Exhibit Ex. F: Evidence 03 Exhs P - V In Support of Motion for Bond Redeterminat
Attachment 10: Exhibit Ex. G: Evidence 04 Exhs. W-X ISO Motion for Bond Redetermination
Attachment 11: Exhibit Ex. H: Motion to Find Respondent Detained Under INA 236a
Attachment 12: Exhibit Ex. I: Evidence ISO Motion to Find Respondent Detained Under INA 236a
Attachment 13: Exhibit Ex. J: Witness List for Bond Redetermination
Attachment 14: Exhibit Ex. K: Notice to Appear
Attachment 15: Exhibit Ex. L: DHS Opposition to Bond Redetermination Request
Attachment 16: Exhibit Ex. M: I-213
Attachment 17: Exhibit Ex. N: Order of the Immigration Judge of Aug. 27 2025 on Motion for Bond
Attachment 18: Exhibit Ex. O: Order of the Immigration Judge of Aug. 27 2025 -- Motion to Find
Attachment 19: Exhibit Ex. P: E-mail Correspondence between Jonathan Abel and ERO Fresno Detain
Attachment 20: Exhibit Ex. Q: ICE-DOJ Policy on INA 235(b) Mandatory Detention
Attachment 21: Exhibit Ex. R: List of Unpublished Decisions
#3
Sep 08, 2025
ORDER RE CONSENT ISSUED: Consent or Decline due by 10/14/2025. (Deputy Clerk AML) (Entered: 09/08/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Sep 09, 2025
NOTICE of APPEARANCE by Justin J. Gilio on behalf of Tonya Andrews, Pam Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem. Attorney Gilio, Justin J. added. (Gilio, Justin) (Entered: 09/09/2025)
Main Document: Notice of Appearance
#5
Sep 09, 2025
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. (Gilio, Justin) (Entered: 09/09/2025)
Main Document: Consent/Decline of Magistrate Judge Jurisdiction
#6
Sep 09, 2025
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/09/2025: (Text Only Entry): The Court is in receipt of petitioner's 2 motion for temporary restraining order. Respondents shall file an opposition by 9/16/2025 at 4:00 p.m. Petitioner may file a reply by 9/18/2025 at 5:00 p.m. The parties are ordered to appear for a hearing at 1:30 p.m. on 9/19/2025 in Courtroom 6 of the Robert E. Coyle Federal Courthouse. If counsel wish to appear by videoconference, they shall contact courtroom deputy Victoria Gonzales at vgonzales@caed.uscourts.gov. (Deputy Clerk VMG) (Entered: 09/09/2025)
Sep 09, 2025
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Sep 16, 2025
OPPOSITION by Tonya Andrews, Pam Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem to 2 Temporary Restraining Order,,,,,,. (Attachments: # 1 Exhibit 1-2)(Gilio, Justin) (Entered: 09/16/2025)
Main Document: Opposition to Motion
#8
Sep 18, 2025
REPLY by Quirino Guerrero Lepe to RESPONSE to 2 Temporary Restraining Order,,,,,,. (Abel, Jonathan) (Entered: 09/18/2025)
Main Document: Reply to Response to Motion
#9
Sep 19, 2025
MINUTES (Text Only) for proceedings held before District Judge Kirk E. Sherriff: MOTION HEARING held on 9/19/2025. Motion argued and submitted. Petitioner's motion for preliminary injunction - Granted. Written order to follow. Petitioner's Counsel Jonathan Abel present. Respondents' Counsel Justin Gilio present. Court Reporter/CD Number: Racheal Lundy. (Deputy Clerk VMG) (Entered: 09/19/2025)
Sep 19, 2025
Motion Hearing
#10
Sep 23, 2025
ORDER GRANTING 2 Motion for Preliminary Injunction signed by District Judge Kirk E. Sherriff on 9/23/2025. (Voyles, Julien) (Entered: 09/23/2025)
Main Document: Order on Motion for TRO
#11
Sep 27, 2025
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. (Abel, Jonathan) (Entered: 09/27/2025)
Main Document: CONSENT/DECLINE
#12
Nov 21, 2025
NOTICE of INTERLOCUTORY APPEAL by Tonya Andrews, Pam Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem. Attorney Desai, Nirav K. added. (Desai, Nirav) (Entered: 11/21/2025)
Main Document: Notice of Interlocutory Appeal
#13
Nov 24, 2025
APPEAL PROCESSED to Ninth Circuit re 12 Notice of Interlocutory Appeal filed by Tonya Andrews, Kristi Noem, Todd M. Lyons, Pam Bondi, Orestes Cruz. Notice of Appeal filed *11/21/2025*, Complaint filed *9/8/2025* and Appealed Order / Judgment filed *9/23/2025*. Court Reporter: *Rachael Lundy*. *Fee Status: Waived* (Attachments: # 1 Appeal Information) (Deputy Clerk OFR) (Entered: 11/24/2025)
Main Document: Appeal Processed to USCA
#14
Nov 25, 2025
USCA CASE NUMBER 25-7429 for 12 Notice of Interlocutory Appeal filed by Tonya Andrews, Kristi Noem, Todd M. Lyons, Pam Bondi, Orestes Cruz. (Deputy Clerk OFR) (Entered: 11/25/2025)
Nov 25, 2025
USCA Case Number
#15
Dec 05, 2025
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 12/05/2025: (Text Only Entry). The 1 petition for writ of habeas corpus is referred to the assigned magistrate judge for the preparation of findings and recommendations. (Deputy Clerk VMG) (Entered: 12/05/2025)
Dec 05, 2025
Minute Order
#16
Dec 12, 2025
RESPONSE by Tonya Andrews, Pam Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem to 1 Petition for Writ of Habeas Corpus,. (Gilio, Justin) (Entered: 12/12/2025)
Main Document: RESPONSE
#17
Mar 23, 2026
ORDER REASSIGNING CASE signed by Chief District Judge Troy L. Nunley on 3/23/26. The Court, having considered the equitable division and efficient and economical determination of court business, finds the necessity for reassignment. This case is REASSIGNED to Magistrate Judge Frank J. Singer for all further proceedings. Magistrate Judge Sheila K. Oberto no longer assigned to case. New Case Number: 1:25-cv-01163-KES-FJS. (TEXT ONLY ENTRY) (Deputy Clerk SSA) (Entered: 03/23/2026)
Mar 23, 2026
Order Reassigning Case
#18
Oct 15, 2026
USCA ORDER as to 12 Notice of Interlocutory Appeal filed by Tonya Andrews, Orestes Cruz, Pam Bondi, Kristi Noem, Todd M. Lyons. The unopposed motion for voluntary dismissal is granted. (Deputy Clerk AML) (Entered: 10/16/2026)
Main Document: USCA Order/Mandate/Memo
#19
Oct 19, 2026
MINUTE ORDER (Text Only Entry): On September 23, 2025, the Honorable Kirk E. Sherriff granted Petitioner's motion for preliminary injunction, (Doc. 10 ), and ordered that Petitioner be immediately released from detention. Respondents appealed this matter to the Ninth Circuit Court of Appeals, and on October 15, 2026, the motion for voluntary dismissal of the appeal was granted. (Doc. 18 ) A routine review of the U.S. Immigration and Customs Enforcement's ("ICE") Online Detainee Locator System using the A-Number listed in the petition returns no results. See https://locator.ice.gov/odls/#/search (last visited October 19, 2026). On or before November 2, 2026, Respondents are DIRECTED to provide the court with a status update confirming whether Petitioner remains in ICE custody. Minute order signed by Magistrate Judge Frank J. Singer on 10/19/2026. (Deputy Clerk EV) (Entered: 10/19/2026)
Oct 19, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#20
Oct 22, 2026
STATUS REPORT by Tonya Andrews, Pam Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem. (Gilio, Justin) (Entered: 10/22/2026)
Main Document: STATUS
#21
Nov 02, 2026
MINUTE ORDER (Text Only Entry): Respondents filed a status report on October 22, 2026, stating that Petitioner is no longer in ICE custody. (Doc. 20 ) In light of Petitioner's release from detention, the parties shall each file supplemental briefs by November 9, 2026, addressing whether there is an active case or controversy in this matter left for this court to resolve. Minute order signed by Magistrate Judge Frank J. Singer on 11/2/2026. (Deputy Clerk EV) (Entered: 11/02/2026)
Nov 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings