Eastern District of California • 1:26-cv-00198

#1

Jan 12, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Golden State Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Hector Miguel Hernandez Gutierrez. (Deputy Clerk SSA) (Entered: 01/12/2026)

#2

Jan 12, 2026

In Forma Pauperis

#3

Jan 12, 2026

MOTION to APPOINT COUNSEL by Hector Miguel Hernandez Gutierrez. (Deputy Clerk SSA) (Entered: 01/12/2026)

#4

Jan 12, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/17/2026. (Attachments: # 1 Consent Form) (Deputy Clerk SSA) (Entered: 01/12/2026)

#5

Jan 12, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 1/12/2026 ORDERING Petitioner's Motion for a Temporary Restraining Order is GRANTED.The bond requirement of Federal Rule of Civil Procedure 65(c) is waived. Petitioner Hector H.G. shall be RELEASED IMMEDIATELY from Respondents' custody. Respondents shall not impose any additional restrictions on him, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. Respondents must file a notice certifying compliance with this provision of the Court's Order by 5 p.m. on 1/13/2026. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a hearing before a neutral fact-finder where: (a) Respondents show there are material changed circumstances which demonstrate that there is a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents are ORDERED TO SHOW CAUSE why this Court should not issue a preliminary injunction requiring Respondents to continue to abide by this Court's Order. Respondents shall file responsive papers by 1/19/2026 by 5 p.m. Respondents shall indicate in their briefing whether they request a hearing. Respondents are hereby notified of their right to apply to the Court for modification or dissolution of the Temporary Restraining Order on two days' notice to Petitioner. Petitioner's Motion to Proceed in Forma Pauperis (ECF No. 2 ) is GRANTED. Petitioner's Motion to Appoint Counsel (ECF No. 3 ) is GRANTED. Within seven days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update the docket to reflect counsel's appointment. The Clerk of Court is DIRECTED to serve this Temporary Restraining Order and Order to Show Cause and the Petition for Writ of Habeas Corpus on Respondents at usacae.ecf2241-imm@usdoj.gov. The Clerk of Court is DIRECTED to update the docket to only list Petitioners first name and last initials. (Deputy Clerk MDK) (Entered: 01/12/2026)

Jan 12, 2026

Service by Mail

Jan 12, 2026

SERVICE BY MAIL: 5 Order served on Hector Miguel Hernandez Gutierrez. (Deputy Clerk MDK)

Jan 12, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Hector Miguel Hernandez Gutierrez. (Deputy Clerk SSA)

#6

Jan 16, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for All Respondents. (Andrews, Anthony) Modified on 1/20/2026 (HAH). (Entered: 01/16/2026)

#7

Jan 17, 2026

RETURN to 1 Petition for Writ of Habeas Corpus and OPPOSITION to Motions for Injunctive Relief by All Respondents. (Andrews, Anthony) Modified on 1/20/2026 (HAH). (Entered: 01/17/2026)

#8

Jan 20, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 1/20/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 5 . Attorney Alekxia L. Torres Stallings is hereby appointed nunc pro tunc to 1/20/2026 as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Alekxia L. Torres Stallings, Torres Torres Stallings and Associates, 1318 K Street, Bakersfield, CA 93301, 661-326-0857, lextorres@lawtorres.com, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 01/20/2026)

Jan 20, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

Jan 20, 2026

Service by Mail

Jan 20, 2026

SERVICE BY MAIL: 8 Minute Order served on Hector Miguel H.G. (Deputy Clerk MDK)

#9

Jan 28, 2026

Order

Jan 30, 2026

Minute Order