Gutierrez v. Attorney General of the United States

Aug 4, 2026
3:26-cv-01967

ORDER

AND NOW, THIS 4th DAY OF AUGUST 2026, upon consideration of Petitioner Crescenico Guzman Gutierrez‘s pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), Respondent‘s response (Doc. 6), and for the reasons set forth in the accompanying memorandum opinion, IT IS HEREBY ORDERED THAT:

  1. Petitioner‘s habeas petition is GRANTED IN PART.
  2. Respondent SHALL PROVIDE Petitioner Crescenico Guzman Gutierrez with an individualized bond hearing within seven (7) days of the date of this Order.
  3. Respondent SHALL CERTIFY COMPLIANCE with the Court‘s Order by filing a declaration or affidavit pursuant to 28 U.S.C. § 1746 no later than Thursday August 13, 2026, at 5:00 P.M. confirming that Petitioner Crescenico Guzman Gutierrez has been provided with an individualized bond hearing and shall inform the Court of the results of that hearing.
  4. Respondent is PERMANENTLY ENJOINED from detaining Crescenico Guzman Gutierrez pursuant to 8 U.S.C. § 1225(b), absent a compelling change in circumstances.
  5. The Clerk of Court is DIRECTED to CLOSE this case.

Robert D. Mariani

United States District Judge