Central District of California • 5:26-cv-02523

Richard Eduardo ponte Gauna v. Secretary, Department of Homeland Security

Completed

Case Information

Filed: May 12, 2026
Assigned to: Daniel S. Roberts
Referred to: Daniel S. Roberts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: October 07, 2026
Last Activity: October 07, 2026
Parties: View All Parties →

Docket Entries

#1
May 12, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge David O. Carter and referred to Magistrate Judge Daniel S Roberts.(Filing fee $ 5:PAID), filed by petitioner Richard Eduardo Aponte Gauna. (Attachments: # 1 CV-71) (ghap) (Entered: 05/12/2026)
Main Document: Petition for Writ of Habeas Corpus (2241)
#2
May 12, 2026
PETITIONER'S MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed by petitioner Richard Eduardo Aponte Gauna. (Attachments: # 1 Proposed Order TRO) (ghap) (Entered: 05/12/2026)
Main Document: Preliminary Injunction AND Temporary Restraining Order
#3
May 12, 2026
MEMORANDUM of Points and Authorities in Support Petitioner's filed by Petitioner Re: MOTION for Temporary Restraining Order and Order to Show Cause Rr: for Preliminary Injunction 2, Richard Eduardo Aponte Gauna. (ghap) (Entered: 05/12/2026)
Main Document: Memorandum of Points and Authorities in Support
#4
May 12, 2026
DECLARATION of Djamshid Atabekovich Musaev Regarding Filing Assistance, Petitioner's Detention Circumstances, Circumstances, Process, and Efforts filed by Petitioner Richard Eduardo Aponte Gauna. (ghap) (Entered: 05/12/2026)
Main Document: Declaration
#5
May 12, 2026
DECLARATION of Josselis Alejandra Curiel Pino in Support of Petition for Writ of Habeas Corpus and MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction 2 filed by Petitioner Richard Eduardo Aponte Gauna. (ghap) (Entered: 05/12/2026)
Main Document: Declaration
#6
May 12, 2026
DECLARATION of Richard Eduardo Aponte Gauna in Support of Petition for Writ of Habeas Corpus and MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction 2 filed by Petitioner Richard Eduardo Aponte Gauna. (ghap) (Entered: 05/12/2026)
Main Document: Declaration
#7
May 12, 2026
PROOF OF SERVICE filed by petitioner Richard Eduardo Aponte Gauna, re Memorandum of Points and Authorities in Support 3, Declaration 5, Declaration 4, Petition for Writ of Habeas Corpus (2241), 1, Declaration 6, NOTICE OF MOTION AND MOTION for Temporary Restraining Order NOTICE OF MOTION AND MOTION for Preliminary Injunction 2 served on 5/12/2026. (ghap) (Entered: 05/12/2026)
Main Document: Proof of Service (subsequent documents)
#8
May 12, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge David O. Carter and referred to Magistrate Judge Daniel S. Roberts, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (ghap) (Entered: 05/12/2026)
Main Document: Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#9
May 12, 2026
Notice of General Order 26-05 and Briefing Schedule. (ghap) (Entered: 05/12/2026)
Main Document: Notice (Scheduling Order 2241) - optional html form
#10
May 12, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (ghap) (Entered: 05/12/2026)
Main Document: Notice of Resources for ProSe Litigants (CV-134) - optional html form
#11
May 19, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Gavin L Greene counsel for Respondents Field Office Director, Secretary, Department of Homeland Security, Warden. Adding Gavin Greene as counsel of record for Respondents for the reason indicated in the G-123 Notice. Filed by Respondents Secretary, Department of Homeland Security; Field Office Director; Warden. (Attorney Gavin L Greene added to party Field Office Director(pty:res), Attorney Gavin L Greene added to party Secretary, Department of Homeland Security(pty:res), Attorney Gavin L Greene added to party Warden(pty:res))(Greene, Gavin) (Entered: 05/19/2026)
Main Document: Notice of Appearance or Withdrawal of Counsel (G-123)
#12
May 19, 2026
RESPONSE filed by Respondents Field Office Director, Secretary, Department of Homeland Security, Wardento Petition for Writ of Habeas Corpus (2241), 1 (Greene, Gavin) (Entered: 05/19/2026)
Main Document: Response
#13
May 26, 2026
PETITIONER'S REQUEST FOR COURTESY EMAIL SERVICE TO ASSIST PRO SE DETAINED PETITIONER filed by Petitioner Richard Eduardo Aponte Gauna. (san) (Entered: 06/01/2026)
Main Document: Order
#14
May 26, 2026
PETITIONER'S TRAVERSE TO FEDERAL RESPONDENTS' RESPONSE TO PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241, 1 filed by Petitioner Richard Eduardo Aponte Gauna. (san) (Entered: 06/01/2026)
Main Document: Traverse
#15
Jun 05, 2026
PETITIONER'S NOTICE OF SUPPLEMENTAL FACT REGARDING ICE DECISION TO CONTINUE DETENTION AND FORM I-229(A) WARNING filed by Plaintiff Richard Eduardo Aponte Gauna. (san) (Entered: 06/09/2026)
Main Document: Notice (Other)
#16
Jun 09, 2026
(IN CHAMBERS) ORDER by District Judge David O. Carter: Respondents are enjoined from transferring, relocating, or removing Petitioner outside of the Central District of California pending final resolution of this case or further order of the Court. Under its authority to appoint counsel in any matter filed under 28 U.S.C. § 2241 wherein the interests of justice would be served, the Court appoints the Office of the Federal Public Defender is appointed to represent Petitioner. See 28 U.S.C. § 3006A(a)(2)(B). Petitioner is ORDERED to file supplemental briefing to the relief sought in the TRO. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mpa) TEXT ONLY ENTRY (Entered: 06/09/2026)
Jun 09, 2026
Generic Text Only Entry
#17
Jun 15, 2026
Mail Returned addressed to Richard Eduardo Aponte Gauna re Notice of Reference to US Magistrate Judge (CV-84) (Habeas Corpus) - optional html form, 8 (san) (Entered: 06/18/2026)
Main Document: Mail Returned
#18
Jun 22, 2026
PETITIONER'S NOTICE OF CURRENT AND CORRECTED MAILING ADDRESS AND REQUEST TO RE- SERVE RETURNED COURT MAIL filed by Petitioner Richard Eduardo Aponte Gauna. (mrv) (Entered: 06/23/2026)
Main Document: Change of Address
#19
Jun 24, 2026
Text Only Entry : Document Nos. 8 and 16 were mailed to Petitioner Richard Eduardo Aponte Gauna (A# 246-883-782) at Desert View Facility, 10450 Rancho Road, Adelanto, CA 92301 on June 24, 2026. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lkr) TEXT ONLY ENTRY (Entered: 06/24/2026)
Jun 24, 2026
Generic Text Only Entry
#20
Jun 29, 2026
NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Jonathan C. Aminoff on behalf of Petitioner Richard Eduardo Aponte Gauna. Filed by Petitioner Richard Eduardo Aponte Gauna. (Attorney Jonathan C. Aminoff added to party Richard Eduardo Aponte Gauna(pty:pet))(Aminoff, Jonathan) (Entered: 06/29/2026)
Main Document: Attorney Appearance or Reassignment for the Federal Public Defenders Office
#22
Jul 06, 2026
Mail Returned addressed to Richard Deuardo Aponte Gauna re Text Only Entry 16, Notice of Reference to US Magistrate Judge (CV-84) (Habeas Corpus) 8 (hr) (Entered: 07/10/2026)
Main Document: Mail Returned
#21
Jul 08, 2026
TRAVERSE to Petition for Writ of Habeas Corpus (2241), 1 [Supplemental] filed by Petitioner Richard Eduardo Aponte Gauna. (Aminoff, Jonathan) (Entered: 07/08/2026)
Main Document: Traverse
#23
Jul 16, 2026
MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER GRANTING TEMPORARY RESTRAINING ORDER 2 . (A-Number: 246-883-782) The Court ORDERS that: 1. Respondents release petitioner forthwith under reasonable conditions of supervision provided under 8 U.S.C. § 1231(a)(3). 2. Respondents may not re-detain Petitioner without following all relevant policies and procedures, including those set forth in 8 C.F.R §§ 241. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 07/16/2026)
Main Document: Preliminary Injunction AND Temporary Restraining Order
#24
Jul 17, 2026
(IN CHAMBERS) ORDER DENYING PETITIONER'S REQUEST FOR COURTESY EMAIL SERVICE TO ASSIST PRO SE DETAINED PETITIONER (DOC. NO. 13 ) by Magistrate Judge Daniel S. Roberts. On May 26, 2026, Petitioner (then representing himself) filed a Request that the Court and Respondents provide courtesy copies of filings in this case to a non-attorney individual who was assisting Petitioner in this case. See Doc. No. 13 . The purpose of the request was "to assist the pro se detained Petitioner with receiving and responding to court filings as quickly as possible." Id. Since Petitioner made that request, however, Jonathan Aminoff of the Federal Public Defender's Office has made an appearance as counsel of record for Petitioner in this case. See Doc. No. 20 . Since Petitioner is now represented by counsel, service of courtesy copies on the non-attorney who was previously assisting Petitioner file documents in this case is no longer necessary. Accordingly, Petitioner's Request for Courtesy Email Service is DENIED as moot. IT IS SO ORDERED. (lkr) (Entered: 07/17/2026)
Main Document: For Order
#25
Sep 29, 2026
(IN CHAMBERS) ORDER TO SHOW CAUSE WHY FINAL JUDGMENT SHOULD NOT BE ENTERED ON TERMS OF TEMPORARY RESTRAINING ORDER by Magistrate Judge Daniel S. Roberts. A status conference in the above-referenced matter is hereby set for October 9, 2026, at 3:00 p.m. in Courtroom 690 of the Roybal Federal Building and Courthouse. The parties are ordered to show cause at the status conference why the preliminary relief entered by the District Judge should not be converted immediately to a final judgment on the merits for the same reasons and on the same terms provided in the order granting preliminary relief. See 28 U.S.C. § 2243; Fed. R. Civ. P. 56(f); cf. Fed. R. Civ. P. 65(a)(2). The parties may discharge this show-cause order by filing a stipulation and proposed judgment granting the 28 U.S.C. § 2241 petition for the same reasons and on the same terms already provided in the District Judge's order granting preliminary relief no later than October 6, 2026. If the parties file a stipulation and proposed judgment granting the petition, the parties do not have to appear at the October 9, 2026, status conference. IT IS SO ORDERED. (SEE ORDER FOR DETAILS.) (lkr) (Entered: 09/29/2026)
Main Document: Order to Show Cause
#26
Sep 30, 2026
NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Raj N. Shah on behalf of Petitioner Richard Eduardo Aponte Gauna. Filed by Petitioner Richard Eduardo Aponte Gauna. (Attorney Raj N. Shah added to party Richard Eduardo Aponte Gauna(pty:pet))(Shah, Raj) (Entered: 09/30/2026)
Main Document: Attorney Appearance or Reassignment for the Federal Public Defenders Office
#27
Oct 05, 2026
STIPULATION for Judgment as to 28 U.S.C. Section 2241 filed by Respondents Field Office Director, Secretary, Department of Homeland Security, Warden. (Attachments: # 1 Stipulation Order Granting Petition and Entry of Judgment Under 28 U.S.C. Section 2241)(Greene, Gavin) (Entered: 10/05/2026)
Main Document: Judgment
#28
Oct 06, 2026
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE AND VACATING STATUS CONFERENCE by Magistrate Judge Daniel S. Roberts. On September 29, 2026, the Court issued an Order to Show Cause why final judgment should not be entered on the terms of the Temporary Restraining Order. On October 5, 2026, the parties filed a Joint Proposed Grant of Petition and Entry of Judgment under 28 U.S.C. § 2241. (See Doc. No. 27 .) Accordingly, in light of the parties' compliance, the Order to Show Cause is DISCHARGED, and the Status Conference set for October 9, 2026, at 3:00 p.m. is VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ORDER. (lkr) (Entered: 10/06/2026)
#29
Oct 06, 2026
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Respondents Field Office Director, Secretary, Department of Homeland Security, Warden. (Greene, Gavin) (Entered: 10/06/2026)
Main Document: Consent to Proceed before U S Magistrate Judge (AUSA filers only)
Oct 06, 2026
Order AND ~Util - Terminate Deadlines and Hearings
#30
Oct 07, 2026
(IN CHAMBERS) ORDER APPROVING CONSENT by District Judge David O. Carter: The Court approves the parties' consent to a Magistrate Judge 29 . Accordingly, the case shall be reassigned to a magistrate judge pursuant to 28 U.S.C. Section 636(c). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 10/07/2026)
#31
Oct 07, 2026
This action has been fully consented to according to General Order 26-05 and the District Judge has approved the parties' consent. This case is now reassigned to Magistrate Judge Daniel S. Roberts for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lh) TEXT ONLY ENTRY (Entered: 10/07/2026)
#32
Oct 07, 2026
STIPULATED ORDER GRANTING PETITION AND ENTRY OF JUDGMENT UNDER 28 U.S.C. § 2241 by Magistrate Judge Daniel S. Roberts. GOOD CAUSE APPEARING, IT IS ORDERED THAT pursuant to 28 U.S.C. § 2241, and as stipulated by the parties, the Petition for Writ of Habeas Corpus in this action shall be granted, and that judgment shall be entered by the Court accordingly, without requiring any further proceedings, as follows: The Petition for Writ of Habeas Corpus is granted for the same reasons and on the same terms already provided in the District Court's order dated July 16, 2026 (Dkt. 23). The Court's order to show cause (Dkt. 25) is discharged. IT IS SO ORDERED. 27 (MD JS-6, Case Terminated). (lkr)
Main Document: Judgment
Oct 07, 2026
Immigration 2241 Full Consent
Oct 07, 2026
District Judge Response to Immigration 2241 Consent