Eastern District of California • 1:26-cv-00930

(HC) Benitez-Hernandez v. Noem

Active

Case Information

Filed: February 03, 2026
Assigned to: Kirk E. Sherriff
Referred to: Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: March 12, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 03, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Christopher Chestnut, Kristi Noem, U.S. Department of Homeland Security, U.S. Department of Justice by Omar BENITEZ-HERNANDEZ. (Filing fee $ 5, receipt number ACAEDC-12849678) (Attachments: # 1 Exhibit, # 2 Declaration, # 3 Proposed Order)(Baumer, Samuel) (Entered: 02/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 03, 2026
CIVIL COVER SHEET filed by Omar BENITEZ-HERNANDEZ. (Baumer, Samuel) (Entered: 02/03/2026)
Main Document: CIVIL
#3
Feb 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Omar BENITEZ-HERNANDEZ. (Attachments: # 1 TRO CHECKLIST, # 2 Points and Authorities Memo of Points & Authorities, # 3 Proposed Order Proposed Order for TRO)(Baumer, Samuel) (Entered: 02/03/2026)
Main Document: Temporary Restraining Order
#4
Feb 03, 2026
EXHIBIT A, B, C, D, E, & F filed by Petitioner Omar BENITEZ-HERNANDEZ re 3 Motion for Temporary Restraining Order. (Baumer, Samuel) (Entered: 02/03/2026)
Main Document: Exhibit
#5
Feb 03, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/9/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk SR) (Entered: 02/03/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#6
Feb 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Sergio Albarran,Jonathan Yu, GOVT for Pamela Bondi,Jonathan Yu, GOVT for Christopher Chestnut,Jonathan Yu, GOVT for Kristi Noem,Jonathan Yu, GOVT for U.S. Department of Homeland Security,Jonathan Yu, GOVT for U.S. Department of Justice (Yu, Jonathan) (Entered: 02/03/2026)
Main Document: DESIGNATION
#7
Feb 03, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 02/03/2026)
Main Document: CONSENT/DECLINE
#8
Feb 03, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 2/3/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the 3 motion for temporary restraining order. See e.g., Crispin M.C. v. Noem, No. 1:25-CV-01487-KES-HBK (HC), 2026 WL 70553 (E.D. Cal. Jan. 8, 2026); J.A.C.P. v. Wofford, No. 1:25-CV-01354-KES-SKO (HC), 2025 WL 3013328 (E.D. Cal. Oct. 27, 2025); Lepe v. Andrews, No. 1:25-CV-01163-KES-SKO (HC), 2025 WL 2716910 (E.D. Cal. Sept. 23, 2025). On or before February 6, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Crispin M.C. v. Noem, J.A.C.P. v. Wofford and Lepe v. Andrews and justify denying the motion, or indicate the matter is not substantively distinguishable. Respondents shall state their position as to whether the 3 motion for temporary restraining order should be converted into a motion for preliminary injunction and whether they request a hearing on the 3 motion. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Voyles, J.) (Entered: 02/03/2026)
Feb 03, 2026
Minute Order
#9
Feb 05, 2026
RESPONSE by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Kristi Noem, U.S. Department of Homeland Security, U.S. Department of Justice to 3 Motion for Temporary Restraining Order, 8 Minute Order,,,,,, 1 Petition for Writ of Habeas Corpus,. (Yu, Jonathan) (Entered: 02/05/2026)
Main Document: RESPONSE
#10
Feb 06, 2026
Order on Motion for TRO
Main Document: Order on Motion for TRO
#11
Feb 10, 2026
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 2/10/2026: (Text Only Entry). On February 6, 2026, the Court issued an order 10 granting a preliminary injunction. The Court referred the matter to the undersigned for further proceedings. Petitioner and Respondent are directed to advise the Court within five (5) days whether they wish to stand on the submissions to date, or whether the parties wish to provide supplemental briefing. (Deputy Clerk WAK) (Entered: 02/10/2026)
Feb 10, 2026
Minute Order
#12
Feb 13, 2026
STATEMENT of INTENT TO STAND ON SUBMISSIONS AND REQUEST FOR A PERMANENT INJUNCTION filed by Petitioner Omar Benitez-Hernandez re 1 Petition for Writ of Habeas Corpus, 10 Order on Motion for TRO, 11 Minute Order,. (Baumer, Samuel) (Entered: 02/13/2026)
Main Document: STATEMENT
#13
Feb 13, 2026
STATEMENT of OF INTENT TO STAND ON PLEADINGS AND REQUEST TO INCLUDE SPECIFIC LANGUAGE IN ANY PERMANENT INJUNCTION filed by Respondents Sergio Albarran, Pamela Bondi, Christopher Chestnut, Kristi Noem, U.S. Department of Homeland Security, U.S. Department of Justice re 11 Minute Order,. (Yu, Jonathan) (Entered: 02/13/2026)
Main Document: STATEMENT
#14
Feb 20, 2026
Findings and Recommendations
Main Document: Findings and Recommendations
#15
Mar 12, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations

Parties

(HC) Benitez-Hernandez
Party
Noem
Party