Eastern District of California • 1:26-cv-07006

(HC) Marrero Henriquez v. Warden, California City Detention Center

Active

Case Information

Filed: September 02, 2026
Assigned to: Dena M. Coggins
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 17, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 02, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Gilberto Michael Marrero Henriquez. (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Gilberto Michael Marrero Henriquez. (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: Temporary Restraining Order
#4
Sep 02, 2026
MOTION to APPOINT COUNSEL by Gilberto Michael Marrero Henriquez. (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: Appoint Counsel
#3
Sep 03, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: Immigration New Case Documents
#5
Sep 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Detention Center (Williams, Jonathan) (Entered: 09/03/2026)
Main Document: DESIGNATION
#6
Sep 03, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/3/2026: 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). Further, this court has previously addressed cases where noncitizens were re-detained after being released from immigration custody previously (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 living 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)). This court has also previously held that noncitizens are entitled to a bond hearing when their immigration detention has grown prolonged, and an extended period of time has elapsed since receiving any such hearing. See Cobis-Gamboa v. Warden, Cal. City ICE Det. Fac., No. 2:26-cv-00658-DC-CKD, 2026 WL 1815504 (E.D. Cal. June 24, 2026) (granting habeas petition and ordering a bond hearing for the petitioner who was detained under § 1226(c) for over six months without a bond hearing); Nasar v. Warden, No. 2:26-cv-00433-DC-AC, 2026 WL 731160 (E.D. Cal. Mar. 16, 2026) (granting temporary restraining order and ordering a second bond hearing where nine months had elapsed since the petitioner had received a bond hearing during their detention under § 1225(b)). The court is contemplating ruling directly on the 1 Petition for Writ of Habeas Corpus, 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 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). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Temporary Restraining Order by 12:00 PM on 9/8/2026. In their response, Respondents shall: (1) indicate whether Petitioner has previously been released from immigration custody, (2) substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's aforementioned cases, and (3) if Petitioner has already received a post-deprivation bond hearing, attach a copy of the Immigration Judge's order. Petitioner may file a Reply by 12:00 PM on 9/22/2026. Both parties should 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: 09/03/2026)
Sep 03, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Gilberto Michael Marrero Henriquez. (Text Only Entry) (Deputy Clerk CRS)
Sep 03, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Sep 03, 2026
Service by Mail
Sep 03, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Gilberto Michael Marrero Henriquez. (Deputy Clerk DAR)
#7
Sep 06, 2026
Opposition to Motion
Main Document: Opposition to Motion
Sep 11, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Sep 11, 2026
Service by Mail
Sep 17, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 17, 2026
Service by Mail

Parties

(HC) Marrero Henriquez
Party
Warden, California City Detention Center
Party