Active
Case Information
Filed: July 29, 2026
Assigned to:
Barry Lynn Winmill
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
August 19, 2026
Parties:
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Docket Entries
#1
Jul 29, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AIDDC-3133699.), filed by Gerardo ENCARNACION CANDELARIO. (Attachments: # 1 Exhibit A TRAC Data, # 2 Exhibit B Affidavit of N. Ramirez-Smith, # 3 Cover Sheet, # 4 Summons ICE Boise Porter, # 5 Summons DHS Secretary Mullin, # 6 Summons Elmore County Sheriff, # 7 Summons SLC ICE FOD Leyva, # 8 Summons USAG Blanche, # 9 Summons USAO ID)(Rourk, Jacob)
Main Document:
PETITION
#2
Jul 29, 2026
MOTION for Temporary Restraining Order Jacob Cameron Rourk appearing for Petitioner Gerardo ENCARNACION CANDELARIO. Responses due by 8/19/2026 (Attachments: # 1 Memorandum in Support of Motion for Temporary Restraining Order, # 2 Affidavit A Affidavit of Jacob Rourk)(Rourk, Jacob)
Main Document:
Temporary Restraining Order
#3
Jul 30, 2026
DOCKET ORDER REASSIGNING CASE Due to the Motion for Temporary Restraining Order seeking immediate relief, the Clerk of the Court is directed to reassign this matter to a District Judge, as not all parties have appeared and consented to the jurisdiction of a magistrate judge. Williams v. King, 875 F.3d 500 (9th Cir. 2017); 28 U.S.C. § 636. Signed by US Magistrate Judge Debora K Grasham by (LT)
#4
Jul 30, 2026
Summons Issued as to Todd Blanche, Mike Hollinshead, Jason Knight, Markwayne Mullin, Kenneth Porter, U.S. Attorney (Print attached Summons for service.) (Attachments: # 1 Summons for Hollinshead, # 2 Summons for Knight, # 3 Summons for Mullin, # 4 Summons for Porter, # 5 Summons for US Attorney)(jd)
Main Document:
Summons
Jul 30, 2026
DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Senior Judge B. Lynn Winmill for all further proceedings. US Magistrate Judge Debora K Grasham no longer assigned to case. Please use this case number on all future pleadings, 1:26-cv-00479-BLW. (jd)
#5
Aug 03, 2026
ORDER - IT IS ORDERED that: Respondents shall file a response to the Petition for Writ of Habeas Corpus (Dkt. 1 ) and to Petitioner's Motion for Temporary Restraining Order (Dkt. 2 ) no later than August 7, 2026. Petitioner shall have an opportunity to file a reply no later than August 10, 2026. To further expedite adjudication of this matter, the Clerk of Court is directed to promptly provide a copy of the Petition and this Order to the United States Attorneys' Office for the District of Idaho via email to this email address: USAID.HabeasPetitions@usdoj.gov. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
Main Document:
ORDER
#6
Aug 04, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus, by Todd Blanche, Gerardo Encarnacion Candelario, Jason Knight, Markwayne Mullin, Kenneth Porter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Booker, Christopher)
Main Document:
RESPONSE
#7
Aug 07, 2026
AFFIDAVIT of Service for Petition, Summons, TRO Motion, Memorandum, Declaration of Counsel and Order served on Maria Whal on behalf of U.S. Attorney's Office on 8/4/2026, filed by Gerardo Encarnacion Candelario. (Rourk, Jacob)
Main Document:
AFFIDAVIT
#8
Aug 10, 2026
REPLY filed by Gerardo Encarnacion Candelario to Respondents' Response to Petition for Writ of Habeas Corpus. (Rourk, Jacob)
Main Document:
REPLY
#9
Aug 10, 2026
MOTION to Seal Document Exhibit A in support of Petitioner's Reply Jacob Cameron Rourk appearing for Petitioner Gerardo Encarnacion Candelario. Responses due by 8/31/2026 (Rourk, Jacob)
Main Document:
Seal Document
#10
Aug 10, 2026
Sealed Document Re: 9 MOTION to Seal Document Exhibit A in support of Petitioner's Reply. (Rourk, Jacob)
Main Document:
Sealed
#11
Aug 19, 2026
MEMORANDUM DECISION AND ORDER - IT IS ORDERED that: Petitioner's Petition for Writ of Habeas Corpus (Dkt. 1 ) is GRANTED. Respondents shall release Petitioner from custody forthwith. Respondents shall not again detain Petitioner under 8 U.S.C. § 1225(b)(2)(A). Nothing in this Order limits Respondents' authority to continue removal proceedings against Petitioner. Petitioner's Motion for Temporary Restraining Order (Dkt. 2 ) is DENIED AS MOOT. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)
Main Document:
MEMORANDUM DECISION AND ORDER - IT IS ORDERED that: Petitioner's Petition for Writ of Habeas Corpus (Dkt. 1 ) is GRANTED. Respondents shall release Petitioner from custody forthwith. Respondents shall not again detain Petitioner under 8 U.S.C. § 1225(b)(2)(A). Nothing in this Order limits Respondents' authority to continue removal proceedings against Petitioner. Petitioner's Motion for Temporary Restraining Order (Dkt. 2 ) is DENIED AS MOOT. Signed by Senior Judge B. Lynn Winmill. (caused t
Parties
Encarnacion Candelario
Party
Knight
Party