Eastern District of California • 1:26-cv-07126

(HC) Gordinez de Leon v. Andrews

Active

Case Information

Filed: September 04, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 30, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 04, 2026
2241 PETITION for WRIT of HABEAS CORPUS against ICE/ERO, Markwayne Mullin, Todd Blanche, Tonya Andrews, David Venturella by Roberth Gordinez de Leon. (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 04, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Roberth Gordinez de Leon. (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document: In Forma Pauperis
#3
Sep 04, 2026
MOTION to APPOINT COUNSEL by Roberth Gordinez de Leon. (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document: Appoint Counsel
#4
Sep 04, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Roberth Gordinez de Leon. (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document: Temporary Restraining Order
#5
Sep 08, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Roberth Gordinez de Leon signed by Magistrate Judge Stanley A. Boone on 09/08/2026. (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Sep 08, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/08/2026)
Main Document: Immigration New Case Documents
#7
Sep 08, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 4). Based on the current record, it appears Petitioner (A File #: 220-195-486) is likely to succeed on at least one of his claims and that some form of immediate relief may be appropriate. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than September 15, 2026, why the Court should not grant Petitioner's motion for a temporary restraining order. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (including the I-213) and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a reply no later than September 18, 2026. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing; and (3) whether they request additional briefing on the merits of the petition. Depending on the content of the filings, the Court may set a hearing or may rule on the papers.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing, to preserve the Court's jurisdiction and to preserve Petitioner's access to the Court and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief.The Clerk of the Court is to notify the United States Attorney's Office for the Eastern District of California of this filing, by providing a Notice of Electronic Filing to usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on September 8, 2026. (Deputy Clerk IM) (Entered: 09/08/2026)
#8
Sep 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Tonya Andrews,Audrey Benison Hemesath, GOVT for Todd Blanche,Audrey Benison Hemesath, GOVT for ICE/ERO,Audrey Benison Hemesath, GOVT for Markwayne Mullin,Audrey Benison Hemesath, GOVT for David Venturella (Hemesath, Audrey) (Entered: 09/08/2026)
Main Document: DESIGNATION
Sep 08, 2026
SERVICE BY MAIL: 7 Minute Order served on Roberth Gordinez de Leon. (Deputy Clerk IM)
Sep 08, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Roberth Gordinez de Leon. (Deputy Clerk SZ)
Sep 08, 2026
Minute Order
Sep 08, 2026
Service by Mail
#9
Sep 09, 2026
ORDER DENYING 3 Petitioner's Motion for Appointment of Counsel Without Prejudice signed by Magistrate Judge Stanley A. Boone on 9/9/2026. (Deputy Clerk JPX) (Entered: 09/09/2026)
Main Document: Order on Motion to Appoint Counsel
Sep 09, 2026
SERVICE BY MAIL: 9 Order on Motion to Appoint Counsel served on Roberth Gordinez de Leon. (Deputy Clerk JPX)
Sep 09, 2026
Service by Mail
#10
Sep 14, 2026
MOTION for 14-DAY EXTENSION OF TIME to File Response to Petition by Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella. (Hemesath, Audrey) (Entered: 09/14/2026)
Main Document: Extension of Time
#11
Sep 15, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed Respondents' request for a fourteen-day extension of time to file a response to the petition for habeas corpus. (Doc. 10 .) In the absence of specific justification for a two-week extension, the Court grants the request in part and will continue the deadline for Respondents to respond to the petition to September 22, 2026. Petitioner may thereafter reply no later than September 25, 2026 signed by District Judge Jennifer L. Thurston on September 15, 2026. (Deputy Clerk IM) (Entered: 09/15/2026)
Sep 15, 2026
Service by Mail
Sep 15, 2026
Order on Motion for Extension of Time
Sep 15, 2026
SERVICE BY MAIL: 11 Minute Order on Motion for Extension of Time served on Roberth Gordinez de Leon. (Deputy Clerk IM)
#12
Sep 17, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk MR) (Entered: 09/18/2026)
Main Document: CONSENT/DECLINE
#13
Sep 18, 2026
OPPOSITION by Respondents Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 immigration judge orders)(Hemesath, Audrey) (Entered: 09/18/2026)
Main Document: OPPOSITION
#14
Sep 28, 2026
MOTION Reconsider Appointing Petitioner CJA Counsel re 9 Order on Motion to Appoint Counsel, 3 Motion to Appoint Counsel by Federal Defender Office. Attorney Williams, Heather Erica added. (Attachments: # 1 Proposed Order Appointing Petitioner counsel)(Williams, Heather) (Entered: 09/28/2026)
Main Document: Miscellaneous Relief
#15
Sep 28, 2026
MINUTE ORDER (Text Only Entry) To resolve the pending matter, the Court believes it requires that the record be supplemented with any Form I-213 prepared in connection with Petitioner's detention and any other documentation related to his immigration and/or criminal history. Thus, on or before Wednesday, September 30, 2026, Respondents are directed to supplement the record with that material signed by District Judge Jennifer L. Thurston on September 28, 2026. (Deputy Clerk IM) (Entered: 09/28/2026)
Sep 28, 2026
Service by Mail
Sep 28, 2026
SERVICE BY MAIL: 15 Minute Order served on Roberth Gordinez de Leon. (Deputy Clerk IM)
Sep 28, 2026
Minute Order
#16
Sep 29, 2026
SUPPLEMENT by Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella re 13 Opposition, 15 Minute Order,. Attorney Soto-Perez, Gabriel Andres added. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Soto-Perez, Gabriel) (Entered: 09/29/2026)
Main Document: SUPPLEMENT
#17
Sep 29, 2026
DESIGNATION of COUNSEL FOR SERVICE., attorney Audrey Benison Hemesath, GOVT terminated (Hemesath, Audrey) (Entered: 09/29/2026)
Main Document: DESIGNATION
#18
Sep 30, 2026
ORDER GRANTING Amicus 14 Motion to Reconsider Appointing Counsel; ORDER Directing Clerk of Court to Serve Documents on Federal Defender signed by Magistrate Judge Stanley A. Boone on 09/30/2026. Notice of Appearance due within 7-Days. (Deputy Clerk LJB)
Main Document: Order AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 30, 2026
Service by Mail
Sep 30, 2026
SERVICE BY MAIL: 18 Order, served on Roberth Gordinez de Leon. (Deputy Clerk LJB)
#19
Oct 05, 2026
NOTICE of APPEARANCE by Bonita S. Gutierrez on behalf of Roberth Gordinez de Leon. Attorney Gutierrez, Bonita S. added. (Gutierrez, Bonita) (Entered: 10/05/2026)
Main Document: Notice of Appearance
#21
Oct 30, 2026
Notice of Voluntary Dismissal
Main Document: Notice of Voluntary Dismissal

Parties

Andrews
Party
(HC) Gordinez de Leon
Party