Eastern District of California • 1:26-cv-08613
(HC) Basurto-Milan v. Warden of the California City Detention Center
Active
Case Information
Filed: October 19, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 02, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 19, 2026
PETITION for WRIT of HABEAS CORPUS against Warden of the California City Detention Center by Basurto Milan Gonzalo. (Deputy Clerk VLC) (Entered: 10/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 19, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Basurto Milan Gonzalo. (Deputy Clerk VLC) (Entered: 10/21/2026)
Main Document:
In Forma Pauperis
#3
Oct 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 10/21/2026)
Main Document:
Immigration New Case Documents
#4
Oct 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of the California City Detention Center (Yu, Jonathan) (Entered: 10/21/2026)
Main Document:
DESIGNATION
#5
Oct 21, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 10/21/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner was detained pursuant to 8 U.S.C. § 1226(a) without being afforded a bond hearing as required. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. Respondents are ORDERED TO SHOW CAUSE on or before October 26, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release on this same basis by filing a return as provided in 28 U.S.C. § 2243. This 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 GJM) (Entered: 10/21/2026)
Oct 21, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Basurto Milan Gonzalo. (Deputy Clerk VLC)
Oct 21, 2026
SERVICE BY MAIL: 5 Minute Order served on Basurto Milan Gonzalo. (Deputy Clerk GJM)
Oct 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 21, 2026
Service by Mail
#6
Oct 22, 2026
CLERK'S NOTICE of DOCKET CORRECTION (text only entry): Petitioner's name has been changed from "Basurto Milan Gonzalo" to "Gonzalo Basurto-Milan". Verified with EOIR record. (Deputy Clerk KLY) (Entered: 10/22/2026)
#7
Oct 22, 2026
AMENDED IMMIGRATION NEW CASE DOCUMENTS with Petitioner's corrected name. (Attachments: # 1 Litigant Letter) (Deputy Clerk KLY) (Entered: 10/22/2026)
Main Document:
Immigration New Case Documents
Oct 22, 2026
SERVICE BY MAIL: (ECF No. 5) Minute Order, (ECF No. 6) Clerk's Notice of Docket Correction, and 7 Amended Immigration New Case Documents served on Gonzalo Basurto-Milan. (Deputy Clerk KLY)
Oct 22, 2026
Service by Mail
#8
Oct 26, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden of the California City Detention Center. (Attachments: # 1 Exhibit i 213, # 2 Exhibit i 200, # 3 Exhibit NTA, # 4 Exhibit I 286)(Yu, Jonathan) (Entered: 10/26/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#9
Nov 02, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 11/2/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner GONZALO BASURTO- MILAN (A# 223-015-112) from their custody and to not impose any additional restrictions on Petitioner; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve California City Detention Facility with a copy of t his Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. Respondents shall file a status report within five (5) days of Petitioner's release, confirming Petitioner's release. CASE CLOSED. (cc: ICE–California City Detention Facility) (Deputy Clerk GJM)
#10
Nov 02, 2026
Judgment
Main Document:
Judgment
Nov 02, 2026
Service by Mail
Parties
(HC) Gonzalo
Party
Warden of the California City Detention Center
Party