Eastern District of California • 1:26-cv-07684
(HC) Carpio-Guerra v. Warden
Active
Case Information
Filed: September 21, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 19, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 21, 2026
PETITION for WRIT of HABEAS CORPUS against Warden and REQUEST for EXPEDITED REVIEW and IMMEDIATE RELEASE by Leisby Alberto Carpio-Guerra. (Deputy Clerk AMW) Modified on 10/2/2026 (HAH). (Entered: 09/23/2026)
Main Document:
Miscellaneous Relief
#2
Sep 21, 2026
MOTION for PROHIBITING TRANSFER while Petition is Pending by Leisby Alberto Carpio-Guerra. (Deputy Clerk AMW) (Entered: 09/23/2026)
Main Document:
Miscellaneous Relief
Sep 21, 2026
RECEIPT number 100009714 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)
#3
Sep 23, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 09/23/2026)
Main Document:
Immigration New Case Documents
Sep 23, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Leisby Alberto Carpio-Guerra. (Deputy Clerk AMW)
Sep 23, 2026
Service by Mail
#4
Sep 24, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/24/2026: Petitioner, an immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. Accordingly, it is hereby ORDERED that: 1. Within seven days of this order's service, respondent must file an answer to the petition. The answer must address the merits of the petition and set forth the "true cause of the detention." See 28 U.S.C. § 2243. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. Respondent shall attach any documents necessary for resolving the issues presented in the petition. Arguments that are not supported with relevant evidence will not be considered. 2. Petitioner may file a traverse to respondent's answer within seven days of the date of service of that answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 3. If respondent learns of petitioner's removal or any other change in petitioner's detention status, respondent shall submit a status report notifying the court as soon as practicably possible. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/24/2026)
#5
Sep 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden (Rodriguez, Elisa) (Entered: 09/24/2026)
Main Document:
DESIGNATION
Sep 24, 2026
Service by Mail
Sep 24, 2026
Minute Order
Sep 24, 2026
SERVICE BY MAIL: 4 Minute Order served on Leisby Alberto Carpio-Guerra. (Deputy Clerk NAC)
#6
Oct 01, 2026
ANSWER by Warden. (Rodriguez, Elisa) Modified on 10/7/2026 (HAH). (Entered: 10/01/2026)
Main Document:
ANSWER
#7
Oct 05, 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 DAR) (Entered: 10/06/2026)
Main Document:
CONSENT/DECLINE
#8
Oct 09, 2026
NOTICE of RELATED CASE(S) 1:26-CV-08243-DC-CKD by Warden. (Rodriguez, Elisa) (Entered: 10/09/2026)
Main Document:
Notice of Related Case
#9
Oct 14, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/13/26 DENYING 2 Motion for an Order prohibiting his transfer to a different facility as MOOT in light of the recommendation that he be immediately released f rom custody. It is FURTHER RECOMMENDED that the 1 Petition for writ of habeas corpus be granted; Respondent be ordered to immediately release petitioner (A-Number: 220-782-711) from its custody on the same conditions, if any, as his prior release. Respondent shall not impose any additional restrictions on petitioner, unless that is determined to be necessary at a future pre deprivation hearing. If the government seeks to re-detain petitioner, it must provide no less than seven days' notic e to petitioner and must hold a constitutionally compliant pre-deprivation bond hearing before a neutral arbiter at which the government bears the burden of proving flight risk or danger by clear and convincing evidence. This order does not address t he circumstances in which respondent may detain petitioner in the event petitioner becomes subject to an executable final order of removal; The Clerk be directed to serve Central Valley Annex Detention Facility with a copy of this order and to enter judgment accordingly and close this case. Referred to Judge Dale A. Drozd. Objections to F&R due within 3 days. (Deputy Clerk KML)
Oct 14, 2026
Service by Mail
#10
Oct 15, 2026
ORDER RELATING AND REASSIGNING CASES signed by District Judge Dale A. Drozd on 10/14/2026 RELATING cases 1:26-cv-07684-DAD-JDP and 1:26-cv-08243-DC-CKD. (Deputy Clerk KEZ)
Oct 15, 2026
Service by Mail
#11
Oct 16, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#12
Oct 19, 2026
ORDER signed by District Judge Dale A. Drozd on 10/19/26 ADOPTING 9 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Corpus as follows: Respondent is ORDERED to IMMEDIATELY RELEASE Petitioner Leisby Alberto Carpio-Guerra, A-File No. 220-782-711, from respondent's custody on the same conditions, if any, he was subject to prior to his re-detention in or around 06/2026; Respondents is ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exi gent circumstances, without written notice and a hearing before an immigration judge where respondents will have the burden of establishing that petitioner is either a danger or flight risk by clear and convincing evidence; and the Clerk of the Court is DIRECTED to enter judgment in favor of petitioner and close this case. CASE CLOSED. (cc Central Valley Annex) (Deputy Clerk JAW)
#13
Oct 19, 2026
Judgment
Main Document:
Judgment
Oct 19, 2026
Service by Mail
Parties
(HC) Carpio-Guerra
Party
Warden
Party