Eastern District of California • 1:26-cv-07709

(HC) Garcia Gonzalez v. Warden of California City Detention Facility

Completed

Case Information

Filed: September 21, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 06, 2026
Last Activity: October 19, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 21, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of California City Detention Facility by Carlos David Garcia Gonzalez. (Deputy Clerk SZ) (Entered: 09/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 21, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Carlos David Garcia Gonzalez. (Deputy Clerk SZ) (Entered: 09/22/2026)
Main Document: In Forma Pauperis
#3
Sep 21, 2026
MOTION to APPOINT COUNSEL by Carlos David Garcia Gonzalez. (Deputy Clerk SZ) (Entered: 09/22/2026)
Main Document: Appoint Counsel
#4
Sep 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Carlos David Garcia Gonzalez. (Deputy Clerk SZ) (Entered: 09/22/2026)
Main Document: Temporary Restraining Order
#5
Sep 22, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Carlos David Garcia Gonzalez signed by Magistrate Judge Erica P. Grosjean on 09/22/2026. (Deputy Clerk SZ) (Entered: 09/22/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Sep 22, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/22/2026)
Main Document: Immigration New Case Documents
#7
Sep 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden of California City Detention Facility (Andrews, Anthony) (Entered: 09/22/2026)
Main Document: DESIGNATION
Sep 22, 2026
Service by Mail
Sep 22, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Carlos David Garcia Gonzalez. (Deputy Clerk SZ)
#8
Sep 23, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/23/2026: (Text Only Entry) The Court has reviewed the 1 petition for writ of habeas corpus and 4 motion for temporary restraining order. The Court has previously addressed the legal issues raised by claim one of the 1 petition. See e.g., Luis Alberto R.C. v. Murray, 817 F. Supp. 3d 917 (E.D. Cal. 2025); Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025). The Court intends to rule 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 4 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before September 25, 2026, respondent is ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Luis Alberto R.C. v. Murray, Elmer Joel M. C. v. Wofford, W.V.S.M. v. Wofford, Bilal A. v. Wofford, and Marina V.N. v. Robbins and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondent shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Deputy Clerk CLA) (Entered: 09/23/2026)
Sep 23, 2026
Service by Mail
Sep 23, 2026
SERVICE BY MAIL: 8 Minute Order served on Carlos David Garcia Gonzalez. (Deputy Clerk CLA)
Sep 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#9
Sep 25, 2026
RESPONSE by Warden of California City Detention Facility to 4 Motion for Temporary Restraining Order, 8 Minute Order,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,, 1 Petition for Writ of Habeas Corpus. (Andrews, Anthony) (Entered: 09/25/2026)
Main Document: RESPONSE
#10
Oct 06, 2026
ORDER Granting Petition for Writ of Habeas Corpus and Requiring Bond Hearing Within Fourteen (14) Days signed by District Judge Kirk E. Sherriff on 10/06/2026. CASE CLOSED. (Deputy Clerk LJB) (Entered: 10/06/2026)
Main Document: Order Dismissing Case
Oct 06, 2026
Service by Mail
Oct 06, 2026
SERVICE BY MAIL: 10 Order Dismissing Case served on Carlos David Garcia Gonzalez. (Deputy Clerk LJB)
#11
Oct 07, 2026
MOTION for RECONSIDERATION re 10 Order Dismissing Case by Warden of California City Detention Facility. (Andrews, Anthony) (Entered: 10/07/2026)
Main Document: Reconsideration
#12
Oct 13, 2026
TRAVERSE by Carlos David Garcia Gonzalez. (Deputy Clerk MR) (Entered: 10/14/2026)
Main Document: Traverse
#13
Oct 18, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/18/2026: (Text Only Entry); The Court's October 6, 2026 Order required a bond hearing to be held within 14 days and required that respondent provide petitioner "with 72 hours' written notice before the bond hearing in a language that he can understand." Doc. 10 at 2. Respondent filed a motion for reconsideration, stating that the government has "no operational mechanism to provide a written hearing notice in a language other than English" and requesting that the Order "be modified so that it does not require written notice to be provided in any language other than English." Doc. 11 at 1-2. Respondent argues that in Urquia-Yanez v. Blanche, 176 F.4th 622, 628 (9th Cir. 2026), the Ninth Circuit found that an English-only written notice typically satisfies due process. But in that case the noncitizen was not detained and "ha[d] ample time thereafter to act on the notice," and it was in that context that the Ninth Circuit noted that an English-only written notice "typically satisfies due process because it puts the alien on notice that further inquiry is needed, leaving the alien to seek help from someone who can overcome the language barrier." Id. at 628 (internal quotation marks and citation omitted). In contrast, petitioner is in immigration detention and respondent proposes to give petitioner notice of the hearing in a language he understands only when he would have no time left to prepare for the hearing. See Doc. 11 at 2 ("Petitioner will be provided with an interpreter in his preferred language at the hearing."). Respondent's 11 motion for reconsideration is granted only to this extent: Respondent shall provide written or oral notice of the hearing to petitioner, in a language he can understand, at least 72 hours prior to the bond hearing. If respondent fails to provide such advance notice to petitioner of the hearing, then respondent shall provide such notice to petitioner at the hearing and shall provide petitioner with a continued bond hearing 72 hours later. (gm) (Entered: 10/18/2026)
Oct 18, 2026
Minute Order AND Order on Motion for Reconsideration
Oct 19, 2026
Service by Mail
Oct 19, 2026
SERVICE BY MAIL: 13 Minute Order, served on Carlos David Garcia Gonzalez. (Deputy Clerk VMG)

Parties

(HC) Garcia Gonzalez
Party
Warden of California City Detention Facility
Party