Eastern District of California • 1:26-cv-06071

#1

Aug 03, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Tonya Andrews by Gerardo Manuel Zapata Jaramillo. (Deputy Clerk AKP) (Entered: 08/04/2026)

#2

Aug 03, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Gerardo Manuel Zapata Jaramillo. (Deputy Clerk AKP) (Entered: 08/04/2026)

#3

Aug 03, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Gerardo Manuel Zapata Jaramillo. (Deputy Clerk AKP) (Entered: 08/04/2026)

#4

Aug 03, 2026

MOTION to APPOINT COUNSEL by Gerardo Manuel Zapata Jaramillo. (Deputy Clerk AKP) (Entered: 08/04/2026)

#5

Aug 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AKP) (Entered: 08/04/2026)

#6

Aug 04, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Warden, Tonya Andrews (Disparte, Quinn) (Entered: 08/04/2026)

#7

Aug 04, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/4/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). From these filings, it is unclear whether Petitioner has previously been released from immigration custody, or whether the challenged detention is Petitioner's first contact with immigration authorities. The court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), and where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 8/6/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the decisions cited above. Petitioner may file a Reply by 8/20/2026. Finally, the court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Both parties shall address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/04/2026)

Aug 04, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Aug 04, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Gerardo Manuel Zapata Jaramillo. (Deputy Clerk AKP)

Aug 04, 2026

Service by Mail

Aug 04, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Gerardo Manuel Zapata Jaramillo. (Text Only Entry) (Deputy Clerk CRS)

#8

Aug 06, 2026

OPPOSITION to 2 Motion for Temporary Restraining Order by Warden, Tonya Andrews. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Disparte, Quinn) (Entered: 08/06/2026)

Aug 17, 2026

MAIL RETURNED as Undeliverable, not deliverable as addressed, unable to forward: 7 Minute Order sent to Gerardo Manuel Zapata Jaramillo. Notice of Change of Address due by 9/24/2026. (Deputy Clerk DAR)

Aug 17, 2026

MAIL RETURNED as Undeliverable, released: 5 Immigration New Case Documents sent to Gerardo Manuel Zapata Jaramillo. Notice of Change of Address due by 9/24/2026. (Deputy Clerk DAR)

#9

Aug 24, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/24/2026: In Respondents' 8 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents contend that Petitioner has been processed for expedited removal pursuant to 8 U.S.C. § 1225(b)(1), and that on 7/24/2026, an asylum officer found that Petitioner did not have a credible fear of removal to his native Peru. Respondents attach Petitioner's [8-3] record of negative credible fear finding which confirms that Petitioner waived his right to have an Immigration Judge review that determination. Thus, as Respondents emphasize, Petitioner is subject to a final order of removal and is therefore subject to mandatory immigration detention pursuant to 8 U.S.C. § 1231(a)(2). Further, Petitioner has been detained for under a month such that his detention under 8 U.S.C. § 1231(a) has not grown unconstitutionally prolonged under Zadvydas v. Davis, 533 U.S. 678 (2001). Accordingly, Petitioner has not demonstrated a likelihood of success on the merits of his claim that his present detention violates his constitutional or statutory rights therefore his 2 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/24/2026)

Aug 24, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

Aug 24, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 9, served on Gerardo Manuel Zapata Jaramillo. (Text Only Entry) (Deputy Clerk CRS)

Aug 24, 2026

Service by Mail

#10

Aug 25, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/25/2026. The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and the subsequent filings in this action. Petitioner's motion to proceed in forma pauperis 3 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. His motion to appoint counsel 4 is denied without prejudice. If further briefing and evidence is needed, respondents may file an answer within fourteen days from the date of this order. Petitioner may file a reply within seven days of the date an answer is filed or due. If no further briefing is filed, the matter will be deemed submitted. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/25/2026)

Aug 25, 2026

SERVICE BY MAIL: 10 Minute Order served on Gerardo Manuel Zapata Jaramillo. (Deputy Clerk JAA)

Aug 25, 2026

Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis

Aug 25, 2026

Service by Mail

Sep 02, 2026

MAIL RETURNED as Undeliverable, Released, Not Deliverable as Addressed: 9 Minute Order sent to Gerardo Manuel Zapata Jaramillo. Notice of Change of Address due by 10/13/2026. (Deputy Clerk MCF)

#11

Sep 08, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/08/2026. On September 2, 2026, mail from the court to petitioner was returned as undeliverable. The court checked the Immigration and Customs Enforcement Online Detainee Location System and was unable to locate petitioner. Furthermore, the court takes judicial notice of the information provided on the Executive Office for Immigration Review's ("EOIR") Automated Case Information webpage, available at https://acis.eoir.justice.gov/en/ (last visited September 8, 2026). See Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be questioned); see also City of Sausalito v. O'Neill, 386 F.3d 1186, 1224 n.2 (9th Cir. 2004) ("We may take judicial notice of a record of a state agency not subject to reasonable dispute."). The EOIR does not reflect any immigration proceedings currently pending against petitioner. Within three days, respondents shall file a status report regarding petitioner's custody, including whether he has been removed, and if so, when and where. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/08/2026)

Sep 08, 2026

Minute Order

Sep 08, 2026

Service by Mail

Sep 08, 2026

SERVICE BY MAIL: 11 Minute Order served on Gerardo Manuel Zapata Jaramillo. (Deputy Clerk JAA)

#12

Sep 10, 2026

STATUS REPORT by Tonya Andrews. (Attachments: # 1 I-205)(Disparte, Quinn) (Entered: 09/10/2026)

#13

Sep 14, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/14/2026. Petitioner, an immigration detainee proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On September 10, 2026, respondent filed a 12 status report stating that petitioner was removed from the United States on August 18, 2026. Accordingly, IT IS HEREBY ORDERED that within ten days from the date of this order, petitioner shall show cause why this action should not be dismissed as moot based on petitioner's removal. The court will construe no reply as a concession that the case should be dismissed as moot. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/14/2026)

Sep 14, 2026

Minute Order

Sep 14, 2026

Service by Mail

Sep 14, 2026

SERVICE BY MAIL: 13 Minute Order served on Gerardo Manuel Zapata Jaramillo. (Deputy Clerk JAA)

Sep 21, 2026

MAIL RETURNED as Undeliverable, Attempted-Not Known: 11 Minute Order, sent to Gerardo Manuel Zaparta Jaramillo. Notice of Change of Address due by 10/29/2026. (Deputy Clerk RS)

Sep 23, 2026

MAIL RETURNED as Undeliverable, No Mail Receptacle, Unable to Forward, Released: 13 Minute Order sent to Gerardo Manuel Zapata Jaramillo. Notice of Change of Address due by 11/2/2026. (Deputy Clerk DAR)

#14

Sep 30, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/30/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be dismissed as moot and that the Clerk of the Court be directed to close this case. Referred to District Judge Dena M. Coggins. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk HAH) (Entered: 09/30/2026)

Sep 30, 2026

Service by Mail

Sep 30, 2026

SERVICE BY MAIL: 14 Findings and Recommendations served on Gerardo Manuel Zapata Jaramillo. (Deputy Clerk HAH)

Oct 15, 2026

MAIL RETURNED as Undeliverable, Released: 14 Findings and Recommendations (Motion), sent to Gerardo Manuel Zaparta Jaramillo. Notice of Change of Address due by 11/23/2026. (Deputy Clerk RS)