Eastern District of California • 1:26-cv-07954
(HC) Ramirez Gutierrez v. Warden, California City
Active
Case Information
Filed: September 28, 2026
Assigned to:
Dena M. Coggins
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 05, 2026
Parties:
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Docket Entries
#1
Sep 28, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City by Leobardo Ramirez Gutierrez. (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
Sep 28, 2026
RECEIPT number 100009812 for $5.00 for Leobardo Ramirez Gutierrez from Cal City Immigration Processing. (Deputy Clerk DAR)
#2
Sep 30, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/30/2026)
Main Document:
Immigration New Case Documents
#3
Sep 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City (Rodriguez, Elisa) (Entered: 09/30/2026)
Main Document:
DESIGNATION
Sep 30, 2026
Service by Mail
Sep 30, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Leobardo Ramirez Gutierrez. (Deputy Clerk DAR)
#4
Oct 02, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 10/2/2026 DIRECTING Respondent's to file an answer or motion to dismiss within 7 days from the date of this order. Petitioner's reply is due within 10 days after being served with a copy of respondent's answer or motion to dismiss. (Deputy Clerk VLK)
Oct 02, 2026
Service by Mail
#6
Oct 21, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/21/2026 RECOMMENDING the 1 petition for writ of habeas corpus be granted as to the statutory claim raised in claim three; Respondent be ordered to immediately release p etitioner Leobardo Ramirez Gutierrez (A-242-386-902), and be ordered to provide petitioner with a copy of the release order at or near the time of release; If respondent has custody of petitioner's personal possessions and documents (e.g., id entification, passport, work permit, Social Security card, etc.), respondent shall return those to petitioner at the time of release; Respondent be enjoined and restrained from re-detaining petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation constitutionally adequate bond hearing before a neutral decisionmaker, that petitioner is a flight risk or danger to the community such that physical custody is legally justified; This injunction does not address other circumstances where detention authority is established under different authority than what is presented in this case (e.g., 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231); Given petitioner's pro se status, respondent be di rected to file, within 7 days of the adoption of these findings and recommendations, a status report addressing petitioner's status; and the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Judge Dena M. Coggins. Objections to F&R due within 7 days. (Deputy Clerk KLY)
Oct 21, 2026
Service by Mail
#7
Oct 28, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#8
Nov 02, 2026
ORDER signed by District Judge Dena M. Coggins on 10/30/2026 ADOPTING 6 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Corpus as follows: Petitioner Leobardo Ramirez Gutierrez 242-386-902 shall be RELEASED IMMEDIATELY fr om Respondents' custody with the same conditions he was subject to immediately prior to his current immigration detention. Respondents shall not impose an additional restriction on him, unless that is determined to be necessary at a future pre-d eprivation/custody hearing. Respondents shall RETURN all of Petitioner's documents and possessions upon his release from custody. Respondents shall FILE a notice of compliance with this court confirming that Petitioner has been released in accor dance with this Order within 3 days from the date of entry of this Order. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter. CASE CLOSED. (cc ICE California City) (Deputy Clerk OML)
#9
Nov 02, 2026
Judgment
Main Document:
Judgment
Nov 02, 2026
Service by Mail
#10
Nov 05, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
(HC) Ramirez Gutierrez
Party
Warden, California City
Party