Central District of California • 5:26-cv-03614
J.M.G. v. Warden of Desert View Annex in Adelanto
Completed
Case Information
Filed: June 30, 2026
Assigned to:
Sherilyn Peace Garnett
Referred to:
Diana M. Kwok
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: September 16, 2026
Last Activity:
September 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 30, 2026
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-42671329 for $5 filing fee, filed by Petitioner J. M.G.. (Attorney Elena Mariana Applebaum added to party J. M.G.(pty:pet))(Applebaum, Elena) (Entered: 06/30/2026)
Main Document:
Petition for Writ of Habeas Corpus (Attorney Civil Case Opening)
#2
Jun 30, 2026
First APPLICATION for Order to Show Cause re: why the petition for a writ of habeas corpus filed by Petitioner pursuant to 28 U.S.C. § 2241 should not be granted filed by Petitioner J. M.G.. (Applebaum, Elena) (Entered: 06/30/2026)
Main Document:
Show Cause
#3
Jun 30, 2026
The Petitioner acknowledges the availability of a Magistrate Judge but declines to consent to have a Magistrate Judge conduct all further proceedings in this case, including trial and entry of judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (car) TEXT ONLY ENTRY (Entered: 07/01/2026)
#4
Jul 01, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Christina A. Snyder and referred to Magistrate Judge Diana M. Kwok, 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. (car) (Entered: 07/01/2026)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#5
Jul 01, 2026
Notice of General Order 26-05 and Briefing Schedule. (car) (Entered: 07/01/2026)
Main Document:
Notice (Scheduling Order 2241) - optional html form
#6
Jul 01, 2026
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Writ of Habeas Corpus 1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) (Entered: 07/01/2026)
Main Document:
Deficiency in Attorney Case Opening
#7
Jul 01, 2026
CIVIL COVER SHEET filed by Petitioner J. M.G.. (Applebaum, Elena) (Entered: 07/01/2026)
Main Document:
Civil Cover Sheet (CV-71)
#8
Jul 01, 2026
EX PARTE APPLICATION to file document EXHIBITS IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS under seal filed by Petitioner J. M.G.. (Attachments: # 1 Unredacted Document UNREDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL)(Applebaum, Elena) (Entered: 07/01/2026)
Main Document:
Leave to File Document Under Seal
Jul 01, 2026
2241 Initial Case Assignment Consent or Declination
#9
Jul 02, 2026
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. Case randomly reassigned from Judge Christina A. Snyder to Judge Sherilyn Peace Garnett for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:26-cv-03614-SPG-DMK. (aco) (Entered: 07/02/2026)
Main Document:
Returning Case for Reassignment w/i division (CV-89)
#10
Jul 08, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Whitney Wakefield counsel for Respondents Todd Blanche, Orestes Cruz, Markwayne Mullin, David Venturella, Warden of Desert View Annex in Adelanto. Adding Whitney Wakefield as counsel of record for Respondents for the reason indicated in the G-123 Notice. Filed by Respondents Warden of Desert View Annex et al. (Attorney Whitney Wakefield added to party Todd Blanche(pty:res), Attorney Whitney Wakefield added to party Orestes Cruz(pty:res), Attorney Whitney Wakefield added to party Markwayne Mullin(pty:res), Attorney Whitney Wakefield added to party David Venturella(pty:res), Attorney Whitney Wakefield added to party Warden of Desert View Annex in Adelanto(pty:res))(Wakefield, Whitney) (Entered: 07/08/2026)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#11
Jul 08, 2026
ANSWER to Petition for Writ of Habeas Corpus 1 filed by Respondents Todd Blanche, Orestes Cruz, Markwayne Mullin, David Venturella, Warden of Desert View Annex in Adelanto. (Attachments: # 1 Exhibit)(Wakefield, Whitney) (Entered: 07/08/2026)
Main Document:
Answer to Complaint
#12
Jul 13, 2026
REPLY filed by Petitioner J. M.G. to Answer to Complaint 11 (Applebaum, Elena) (Entered: 07/13/2026)
Main Document:
Reply
#13
Jul 20, 2026
EX PARTE APPLICATION for Temporary Restraining Order as to 1) from continuing to detain him based on an unlawful action by ICE and instead ordering his immediate release from immigration detention; (2) from re-locating Petitioner to another detention center outside of the Jurisdiction of this Court, and (3) from re-arresting Petitioner until he is afforded a hearing before a neutral decisionmaker, as required by the Due Process clause of the Fifth Amendment, EX PARTE APPLICATION for Preliminary Injunction re 1) from continuing to detain him based on an unlawful action by ICE and instead ordering his immediate release from immigration detention; (2) from re-locating Petitioner to another detention center outside of the Jurisdiction of this Court, and (3) from re-arresting Petitioner until he is afforded a hearing before a neutral decisionmaker, as required by the Due Process clause of the Fifth Amendment filed by Petitioner J. M.G.. (Applebaum, Elena) (Entered: 07/20/2026)
Main Document:
Preliminary Injunction AND Temporary Restraining Order
#14
Jul 21, 2026
MINUTES (IN CHAMBERS) ORDER DENYING PETITIONER'S EX PARTE MOTION TO GRANT HABEAS PETITION OR ISSUE TEMPORARY RESTRAINING ORDER 13 by Judge Sherilyn Peace Garnett. The Court DENIES the Motion without prejudice and REFERS the Petition to the Magistrate Judge for further proceedings consistent with General Order 26-05. (iv) (Entered: 07/21/2026)
#15
Sep 01, 2026
Notice of Intended Removal filed by Respondents Todd Blanche, Orestes Cruz, Markwayne Mullin, David Venturella, Warden of Desert View Annex in Adelanto. (Attachments: # 1 Exhibit)(Wakefield, Whitney) (Entered: 09/01/2026)
Main Document:
Notice (Other)
#16
Sep 04, 2026
(In Chambers) Order by Diana M. Kwok. The Court is in receipt of Respondents' Notice of Intended Removal. ECF 15 . In light of the Court's need to issue a Report and Recommendation in this matter, and the objection period afforded to the parties after issuance thereof, the Court hereby issues an administrative stay of this matter until such time as the District Judge is afforded the opportunity to review the Court's Report and Recommendation and any objections thereto. See United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring) ("Administrative stays do not typically reflect the court's consideration of the merits of the stay application. Rather, they 'freeze legal proceedings until the court can rule on a party's request for expedited relief.'"); Gallusz v. LLP Mortgage, Inc., 2025 WL 1360771, at *2 (S.D. Cal. 2025). This administrative stay shall expire upon the District Judge's issuance of a final Order and Judgment on the Petition. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY (Entered: 09/04/2026)
#17
Sep 04, 2026
OBJECTIONS to Generic Text Only Entry,,,, 16 filed by Respondents Todd Blanche, Orestes Cruz, Markwayne Mullin, David Venturella, Warden of Desert View Annex in Adelanto. (Wakefield, Whitney) (Entered: 09/04/2026)
Main Document:
Objection
Sep 04, 2026
Generic Text Only Entry
#18
Sep 09, 2026
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Diana M. Kwok. Re First APPLICATION for Order to Show Cause re: why the petition for a writ of habeas corpus filed by Petitioner pursuant to 28 U.S.C. § 2241 should not be granted 2, EX PARTE APPLICATION to file document EXHIBITS IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS under seal 8, (TERMED) Petition for Writ of Habeas Corpus 1 Objections to R&R due by 9/10/2026. (See Attachment for Further Details). (kl) (Entered: 09/09/2026)
Main Document:
Report and Recommendation (Issued)
#19
Sep 09, 2026
(IN CHAMBERS) Order by Magistrate Judge Diana M. Kwok. On July 1, 2026, Petitioner filed an ex parte application to file exhibits under seal. ECF 8. Good cause showing, the Court GRANTS the application. The exhibits attached to the ex parte application are deemed filed and shall be sealed from the public record. Granting EX PARTE APPLICATION to Seal Document 8 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) (Entered: 09/09/2026)
Sep 09, 2026
Leave to File Document Under Seal
#20
Sep 10, 2026
OBJECTION to Report and Recommendation (Issued),, 18 filed by Respondents Todd Blanche, Orestes Cruz, Markwayne Mullin, David Venturella, Warden of Desert View Annex in Adelanto.(Wakefield, Whitney) (Entered: 09/10/2026)
Main Document:
Objection to Report and Recommendation
#21
Sep 16, 2026
ORDER ACCEPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Sherilyn Peace Garnett, 18 . The Court ORDERS as follows: 1. The Report is ACCEPTED and ADOPTED; 2. The Petition is GRANTED; 3. The Government is ORDERED to immediately release Petitioner J.M.G. (A# 088-452-163) from custody, subject to the conditions of his prior release; 4. The Government is ORDERED to return to Petitioner at the time of his release all confiscated documents and possessions; and 5. Petitioner may submit an application, within 30 days of final judgment in this action, requesting costs and reasonable attorneys fees under the Equal Access to Justice Act (28 U.S.C. § 2412(d)(1)(B)); 6. Judgment shall be entered granting the Petition and enjoining the Government as set forth above; 7. The Court Clerk shall serve this Order and the Judgment on all counsel or parties of record. [SEE ORDER FOR FURTHER INFORMATION.] (san) (Entered: 09/17/2026)
#22
Sep 16, 2026
JUDGMENT by Judge Sherilyn Peace Garnett, 21 . Pursuant to the Order Accepting Findings, Conclusions, and Recommendations of United States Magistrate Judge, IT IS ADJUDGED that the petition is GRANTED. (MD JS-6, Case Terminated). (san) (Entered: 09/17/2026)
Parties
J.M.G.
Party
Warden of Desert View Annex in Adelanto
Party