Eastern District of California • 1:26-cv-04700

(HC) Gomez Leonardo v. Andrews

Completed

Case Information

Filed: June 18, 2026
Assigned to: Troy Lynne Nunley
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 19, 2026
Last Activity: August 26, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 18, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Herson Gomez Leonardo. (Deputy Clerk AKP) (Entered: 06/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 18, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Herson Gomez Leonardo. (Deputy Clerk AKP) ). (Entered: 06/22/2026)
Main Document: In Forma Pauperis
#3
Jun 18, 2026
MOTION to APPOINT COUNSEL by Herson Gomez Leonardo. (Deputy Clerk AKP) (Entered: 06/22/2026)
Main Document: Appoint Counsel
#4
Jun 22, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/22/2026)
Main Document: Immigration New Case Documents
#5
Jun 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 22, 2026: The matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/22/2026)
#6
Jun 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Tonya Andrews (Williams, Jonathan) (Entered: 06/22/2026)
Main Document: DESIGNATION
Jun 22, 2026
Minute Order
Jun 22, 2026
SERVICE BY MAIL: 5 Minute Order served on Herson Gomez Leonardo. (Deputy Clerk MDK)
Jun 22, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Herson Gomez Leonardo. (Deputy Clerk AKP)
Jun 22, 2026
Service by Mail
#7
Jun 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 06/26/2026. Petitioner, Herson Gomez Leonardo (A# 218-099-745), a self-represented immigration detainee, filed a 1 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, along with a 2 motion to proceed in forma pauperis. Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. The petition, liberally construed, asserts violations of petitioner's due process rights based on: his prolonged detention, the revocation of his release, and on his detention without a bond hearing. Respondents are directed to file a response within 14 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Lida G.B. v. Albarran, No. 1:25-cv-2061 TLN CKD, 2026 WL 19104 (E.D. Cal. Jan. 3. 2026), Z.Z. v. Chestnut, No. 1:26-cv-2309 TLN JDP, 2026 WL 890476 (E.D. Cal. Apr. 1, 2026), Wistong F. v. Immigration and Customs Enforcement, No. 1:26-cv-3399 TLN DMC, 2026 WL 1361794 (E.D. Cal. May 15, 2026), Morales-Flores, v. Lyons, No. 1:25-cv-1640 TLN EFB, 2025 WL 3552841 (E.D. Cal. Dec. 11, 2025), Brayan C.C. v. Warden of California City Corr. Ctr., No. 2:26-cv-0641 TLN JDP, 2026 WL 710358 (E.D. Cal. Mar. 13, 2026) and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 06/26/2026)
Jun 26, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Jun 26, 2026
Service by Mail
Jun 26, 2026
SERVICE BY MAIL: 7 Minute Order served on Herson Gomez Leonardo. (Deputy Clerk JAA)
#8
Jul 09, 2026
RESPONSE to 7 ORDER to SHOW CAUSE by Tonya Andrews. (Attachments: # 1 Exhibit A-DHS Records, # 2 Exhibit B-Criminal Records, # 3 Exhibit C-Hearing Notice)(Williams, Jonathan) (Entered: 07/09/2026)
Main Document: RESPONSE
#9
Aug 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Herson Gomez Leonardo. (Deputy Clerk KML) (Entered: 08/05/2026)
Main Document: Temporary Restraining Order
#10
Aug 19, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 8/18/26 GRANTING 1 Petition for Writ of Habeas Corpus in part; DENYING 9 Motion for TRO as moot; Respondents are ENJOINED and RESTRAINED from continuing to detain Petitioner for more than 7 days from the date of this Order (unless Petitioner seeks additional time to prepare) without a bond hearing before a neutral fact-finder; Within 2 court days from the date of the bond hearing, Respondents mustfile a notice of compliance with this Court's Order and identify Petitioner's custody status and the outcome of any hearing; If Petitioner is released, Respondents are further ENJOINED from re-detaining Petitioner absent material changed circumstances and compliance with constitutional protections, including a minimum of 7 days' notice and a pre-deprivation hearing before a neutral factfinder; and the Clerk of the Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED. (Deputy Clerk JAW) (Entered: 08/19/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#11
Aug 19, 2026
JUDGMENT dated *8/19/26* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/18/26 in favor of Petitioner against Respondent. (Deputy Clerk JAW) (Entered: 08/19/2026)
Main Document: Judgment
Aug 19, 2026
SERVICE BY MAIL: 11 Judgment, 10 Order served on Herson Gomez Leonardo. (Deputy Clerk JAW)
Aug 19, 2026
Service by Mail
#12
Aug 26, 2026
NOTICE OF COMPLIANCE by Tonya Andrews. (Williams, Jonathan) (Entered: 08/26/2026)
Main Document: Notice of Compliance

Parties

Andrews
Party
(HC) Leonardo
Party