California Case Summaries

Jose David Avila-Gamez v. Warden, California City Correctional Center, et al. — Court Adopts Findings and Dismisses Habeas Petition as Moot

Unreported / Non-Citable

Case
Jose David Avila-Gamez v. Warden, California City Correctional Center, et al.
Court
U.S. District Court — Eastern District of California
Judge
Kirk E. Sherriff
Date decided
2026-10-13
Docket No.
2:26-cv-00956
Topics
habeas corpus, 28 U.S.C. § 2241, immigration detention, bond hearing, 8 U.S.C. § 1226(a), mandatory detention, 8 U.S.C. § 1225(b)(2)(A), preliminary injunction, mootness, findings and recommendations, de novo review

Disposition notice

The U.S. District Court for the Eastern District of California adopted in full the magistrate judge's September 8, 2026 findings and recommendations, terminated as satisfied its prior order granting a preliminary injunction, and dismissed Jose David Avila-Gamez's petition for a writ of habeas corpus under 28 U.S.C. § 2241 as moot. The court had previously converted the petitioner's TRO motion into a preliminary injunction requiring respondents to provide an individualized bond hearing under 8 U.S.C. § 1226(a). The magistrate judge concluded the petitioner's detention is governed by the discretionary framework of § 1226(a), not mandatory detention under 8 U.S.C. § 1225(b)(2)(A), and found the bond-hearing claim satisfied and moot after respondents timely provided the hearing. No party filed objections within the fourteen-day period, and the district court performed de novo review under 28 U.S.C. § 636(b)(1) before adopting the findings. The Clerk was directed to terminate any pending motions and deadlines and close the case.

Read the public order

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