California Case Summaries

Roger Nolasco Gutierrez v. Markwayne Mullin, et al. — Habeas petition granted on Claim Two, with release ordered unless an individualized bond hearing occurs within seven days

Unreported / Non-Citable

Case
Roger Nolasco Gutierrez v. Markwayne Mullin, et al.
Court
U.S. District Court — Central District of California
Judge
Sherilyn Peace Garnett
Date decided
2026-10-14
Docket No.
5:26-cv-03060
Topics
habeas corpus, immigration detention, individualized bond hearing, 8 U.S.C. § 1226(a), clear and convincing evidence, judgment

Disposition notice

On October 14, 2026, the U.S. District Court for the Central District of California entered judgment in Roger Nolasco Gutierrez v. Markwayne Mullin, et al., No. 5:26-cv-03060-SPG-PD. Pursuant to the court's concurrently filed order accepting the magistrate judge's findings and recommendations, the court granted the habeas petition as to Claim Two and dismissed the remaining claims. Respondents must release Gutierrez unless, within seven days of the order, he receives an individualized bond hearing before an immigration judge under 8 U.S.C. § 1226(a), with the government bearing the burden of proof by clear and convincing evidence. The judgment contains no developed reasoning and refers to the concurrently filed order accepting the findings and recommendations.

Read the public order

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