Central District of California • 5:26-cv-04800

Josue Gutierrez-Cruz v. Warden or Facility Administrator, Adelanto ICE Processing Center

Completed

Case Information

Filed: August 21, 2026
Assigned to: Charles F. Eick
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: September 04, 2026
Last Activity: September 04, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 22, 2026
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-43125116 for $5 filing fee, filed by Petitioner Josue Gutierrez-Cruz. (Attachments: # 1 Notice of Interested Parties (CV-30), # 2 Civil Cover Sheet) (Attorney Timothy L Chan added to party Josue Gutierrez-Cruz(pty:pet))(Chan, Timothy) (Entered: 08/22/2026)
Main Document: Petition for Writ of Habeas Corpus (Attorney Civil Case Opening)
#2
Aug 22, 2026
The Petitioner has voluntarily consented 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: 08/22/2026)
#3
Aug 22, 2026
NOTICE OF ASSIGNMENT to a U.S. Magistrate Judge. This case has been assigned to Magistrate Judge Charles F. Eick. (car) (Entered: 08/22/2026)
Main Document: Notice of Assignment to U.S. Magistrate Judge CV-25B optional html form
#4
Aug 22, 2026
Notice of General Order 26-05 and Briefing Schedule. (car) (Entered: 08/22/2026)
Main Document: Notice (Scheduling Order 2241) - optional html form
Aug 22, 2026
2241 Initial Case Assignment Consent or Declination
#5
Aug 26, 2026
This action has been fully consented to according to General Order 26-05. The case will proceed before a magistrate judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bem) TEXT ONLY ENTRY (Entered: 08/27/2026)
Aug 27, 2026
Immigration 2241 Full Consent
#6
Aug 31, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Whitney Wakefield counsel for Respondents Todd Blanche, Markwayne Mullin, Ernesto Santacruz, Jr, Warden or Facility Administrator, Adelanto ICE Processing Center. Adding Whitney Wakefield as counsel of record for Respondents for the reason indicated in the G-123 Notice. Filed by Respondents Warden or Facility Administrator, Adelanto ICE Processing Center et al. (Attorney Whitney Wakefield added to party Todd Blanche(pty:res), Attorney Whitney Wakefield added to party Markwayne Mullin(pty:res), Attorney Whitney Wakefield added to party Ernesto Santacruz, Jr(pty:res), Attorney Whitney Wakefield added to party Warden or Facility Administrator, Adelanto ICE Processing Center(pty:res))(Wakefield, Whitney) (Entered: 08/31/2026)
Main Document: Notice of Appearance or Withdrawal of Counsel (G-123)
#7
Aug 31, 2026
RESPONSE filed by Respondents Todd Blanche, Markwayne Mullin, Ernesto Santacruz, Jr, Warden or Facility Administrator, Adelanto ICE Processing Centerto PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-43125116 for $5 filing fee 1 (Attachments: # 1 Exhibit)(Wakefield, Whitney) (Entered: 08/31/2026)
Main Document: Response
#8
Sep 03, 2026
REPLY in support of PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-43125116 for $5 filing fee 1 filed by Petitioner Josue Gutierrez-Cruz. (Chan, Timothy) (Entered: 09/03/2026)
Main Document: Reply (Motion related)
#9
Sep 04, 2026
ORDER FOR ENTRY OF JUDGMENT by Magistrate Judge Charles F. Eick: granting Petition for Writ of Habeas Corpus 1 . It is ordered that the Petition is granted in part: (1) Respondents must immediately release Petitioner (A# 246-061-842) from deten tion on reasonable conditions; and (2) Respondents are enjoined from any re-detention of Petitioner, absent at least seven (7) days notice and a pre-deprivation bond hearing before a neutral decisionmaker at which the Government bears the burden of proving, by clear and convincing evidence, that Petitioner is an unacceptable danger to the community or an unacceptable flight risk. (SEE DOCUMENT FOR FURTHER DETAILS.) (hr)
Main Document: Order on Petition for Writ of Habeas Corpus
#10
Sep 04, 2026
JUDGMENT by Magistrate Judge Charles F. Eick, Related to: Order for Entry of Judgment 9 , PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241) 1 . It is adjudged that the Petition is granted in part: (1) Respondents must immediately release Petitioner (A# 246-061-842) from detention on reasonable conditions; and (2) Respondents are enjoined from any re-detention of Petitioner, absent at least seven (7) days prior notice and a pre-detention hearing before a neutral decisionmaker at which the Government bears the burden of proving, by clear and convincing evidence, that Petitioner is an unacceptable danger to the community or an unacceptable flight risk. (MD JS-6, Case Terminated). (hr)
Main Document: Judgment

Parties

Josue Gutierrez-Cruz
Party
Warden or Facility Administrator, Adelanto ICE Processing Center
Party