Eastern District of California • 1:26-cv-05424
(HC) Gonzalez Herrera v. Warden of the Mesa Verde Detention Facility
Completed
Case Information
Filed: July 13, 2026
Assigned to:
Edward J. Davila
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Completed: August 28, 2026
Last Activity:
August 28, 2026
Parties:
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Docket Entries
#1
Jul 13, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Mesa Verde Detention Facility by Erick Alfredo Gonzalez Herrera. (Deputy Clerk AML) (Entered: 07/14/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Erick Alfredo Gonzalez Herrera. (Deputy Clerk AML) (Entered: 07/14/2026)
Main Document:
In Forma Pauperis
#3
Jul 13, 2026
MOTION to APPOINT COUNSEL by Erick Alfredo Gonzalez Herrera. (Deputy Clerk AML) (Entered: 07/14/2026)
Main Document:
Appoint Counsel
#4
Jul 14, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AML) (Entered: 07/14/2026)
Main Document:
Immigration New Case Documents for MJ as Presider
#5
Jul 14, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS re 2 as to Erick Alfredo Gonzalez Herrera signed by District Judge Edward J Davila on 7/14/2026. (Deputy Clerk AML) (Entered: 07/14/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Jul 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Sean Davis, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Sean Davis, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Sean Davis, GOVT for Current or Acting United States Attorney General,Sean Davis, GOVT for Warden of the Mesa Verde Detention Facility (Davis, Sean) (Entered: 07/14/2026)
Main Document:
DESIGNATION
#7
Jul 14, 2026
MINUTE ORDER signed by District Judge Edward J Davila on 7/14/2026: Respondents to file a Response to the 1 Habeas Petition by 7/28/26. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, and Petitioner's criminal record to the extent one exists. Petitioner may file a reply by 8/4/26.Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 07/14/2026)
Jul 14, 2026
Service by Mail
Jul 14, 2026
Minute Order
Jul 14, 2026
SERVICE BY MAIL: 7 Minute Order served on Petitioner. (Thomas, Julia)
Jul 14, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents, 5 Order Authorizing IFP Status served on Erick Alfredo Gonzalez Herrera. (Deputy Clerk AML)
#8
Jul 20, 2026
MINUTE ORDER signed by District Judge Edward J Davila on 7/20/2026: Pursuant to the Order appointing counsel dated 7/14/26 (ECF No. 7 ), the appointing authority for the Eastern District of California has confirmed that attorney Benjamin F. Hall seeks appointment nunc pro tunc to 7/20/26 and notified the Court of Counsel's contact information. Attorney Benjamin F. Hall is hereby appointed pro hac vice as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Attorney Benjamin F. Hall, Pacifica Law Group APC, 801 1st Street, Ste B, Benicia, CA 94510, (510)-759-5256, bhall@benhlaw.com, as counsel for petitioner on an ad hoc basis in this matter. (TEXT ONLY ENTRY) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 07/20/2026)
Jul 20, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - Add and Terminate Attorneys
#9
Jul 28, 2026
RESPONSE by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden, Mesa Verde Detention Facility to 7 Minute Order,,,,,,,, 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit NTA, # 2 Exhibit Conviction docs)(Davis, Sean) (Entered: 07/28/2026)
Main Document:
RESPONSE
#10
Aug 04, 2026
REPLY by Erick Alfredo Gonzalez Herrera re 9 Response,,. (Hall, Benjamin) (Entered: 08/04/2026)
Main Document:
REPLY
#11
Aug 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Audrey Benison Hemesath, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Audrey Benison Hemesath, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Audrey Benison Hemesath, GOVT for Current or Acting United States Attorney General,Audrey Benison Hemesath, GOVT for Warden, Mesa Verde Detention Facility, attorney Sean Davis, GOVT terminated (Hemesath, Audrey) (Entered: 08/25/2026)
Main Document:
DESIGNATION
#12
Aug 25, 2026
MOTION to DISMISS by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden, Mesa Verde Detention Facility. (Attachments: # 1 IJ Order)(Hemesath, Audrey) (Entered: 08/25/2026)
Main Document:
Dismiss
#13
Aug 26, 2026
MOTION to DISMISS by Erick Alfredo Gonzalez Herrera. (Deputy Clerk ED) (Entered: 08/27/2026)
Main Document:
Dismiss
#14
Aug 28, 2026
MINUTE ORDER signed by District Judge Edward J Davila on 8/28/2026: The Court is in receipt of Petitioner's Motion to Dismiss (Dkt. No. 13 ) and Respondents' Motion to Dismiss (Dkt. No. 12 ) both seeking dismissal on the grounds that Petitioner agreed to voluntary departure, and would like to depart to Mexico. The Court construes the Motion to Dismiss as Dkt. No. 13 as a request for voluntary dismissal. The Court GRANTS the motion pursuant to FRCP 41(a)(2), and dismisses the petition without prejudice. The Court vacates its order at Dkt. No. 7 . (Text Only Entry) (CASE CLOSED) (Thomas, Julia) (Entered: 08/28/2026)
Aug 28, 2026
Minute Order AND Order on Motion to Dismiss AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Aug 28, 2026
SERVICE BY MAIL: 14 Minute Order served on Petitioner. (Thomas, Julia)
Aug 28, 2026
Service by Mail
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