Eastern District of California • 2:26-cv-00430
(HC) Fernandes v. Warden
Active
Case Information
Filed: February 13, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
February 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Samuel Fernandes. (Deputy Clerk VLC) (Entered: 02/13/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 13, 2026
MOTION to APPOINT COUNSEL by Samuel Fernandes. (Deputy Clerk VLC) (Entered: 02/13/2026)
Main Document:
Appoint Counsel
#3
Feb 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Samuel Fernandes. (Deputy Clerk VLC) (Entered: 02/13/2026)
Main Document:
Temporary Restraining Order
#4
Feb 13, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/19/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 02/13/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Feb 13, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 2/13/2026: Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the courts express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 3 motion for temporary restraining order. Further, in light of petitioners pro se status, the court DIRECTS the Clerk of the Court to serve a copy of petitioner's motion for temporary restraining order 3, and a copy of this order to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov, by Tuesday, 2/17/2026 at 5 PM. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM on Wednesday, 2/18/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Arshakyam v. Warden of Cal. City Det., No. 1:25-cv-01780-DAD-AC (HC), 2026 WL 143143 (E.D. Cal. Jan. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 02/13/2026)
#6
Feb 13, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden (Yu, Jonathan) (Entered: 02/13/2026)
Main Document:
DESIGNATION
#7
Feb 13, 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: 02/13/2026)
Main Document:
CONSENT/DECLINE
Feb 13, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Samuel Fernandes. (Deputy Clerk VLC)
Feb 13, 2026
SERVICE BY MAIL: 5 Minute Order served on Samuel Fernandes. (Deputy Clerk PAB)
Feb 13, 2026
Minute Order
Feb 13, 2026
Service by Mail
#9
Feb 18, 2026
Notice of Related Case
Main Document:
Notice of Related Case
#10
Feb 18, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Feb 23, 2026
Minute Order AND Order on Motion to Appoint Counsel
Feb 23, 2026
Service by Mail
Parties
(HC) Fernandes
Party
Warden
Party