Eastern District of California • 1:26-cv-01522

(HC)Hernandez v. Wofford

Active

Case Information

Filed: February 23, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: February 24, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 23, 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, Minga Wofford, Current or Acting Secretary, United States Department of Homeland Security by Rodrigo Miguel Hernandez. (Deputy Clerk SSA) (Entered: 02/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 23, 2026
MOTION to APPOINT COUNSEL by Rodrigo Miguel Hernandez. (Deputy Clerk SSA) (Entered: 02/23/2026)
Main Document: Appoint Counsel
#3
Feb 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rodrigo Miguel Hernandez. (Deputy Clerk SSA) (Entered: 02/23/2026)
Main Document: Temporary Restraining Order
#4
Feb 23, 2026
DECLARATION of Rodrigo Miguel Hernandez in Support of Habeas Petition, TRO, and Motion for Counsel. (Deputy Clerk SSA) (Entered: 02/23/2026)
Main Document: DECLARATION
#5
Feb 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 02/23/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#6
Feb 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Current or Acting Director, United States Immigration and Customs Enforcement,Anthony Andrews for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Anthony Andrews for Current or Acting Secretary, United States Department of Homeland Security,Anthony Andrews for Current or Acting United States Attorney General,Anthony Andrews for Minga Wofford (Andrews, Anthony) (Entered: 02/23/2026)
Main Document: DESIGNATION
#7
Feb 23, 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: 02/23/2026)
Main Document: CONSENT/DECLINE
Feb 23, 2026
Service by Mail
Feb 23, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Rodrigo Miguel Hernandez. (Deputy Clerk SSA)
Feb 23, 2026
RECEIPT number 100007348 for $5.00 for Rodrigo Miguel Hernandez. (Deputy Clerk SSA)
#8
Feb 24, 2026
MINUTE ORDER (Text Entry Only) ORDER DENYING TRO AND SETTING BRIEFING SCHEDULE; ORDER PREVENTING REMOVAL OR TRANSFER PENDING FURTHER COURT ORDER; ORDER APPOINTING COUNSELThe Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 3 ). Petitioner asserts he has been detained since August 5, 2025. Despite having been detained for more than six months, Petitioner fails to explain adequately the delay in seeking a temporary restraining order or why, despite this delay, the Court should nonetheless treat the situation as an emergency that must be handled on shortened time. Thus, the TRO request is untimely, and it is DENIED. See Local Rule 231(b). However, the Court will GRANT Petitioner's request for counsel. (Doc. 2 .) Accordingly, the Clerk of Court is directed to serve a copy of the petition, via email, on the Federal Defender's Office at cae_appointments_habeas@fd.org. The Court also refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge or by stipulation of the parties as needed. Respondents SHALL file their responsive pleading within 21 days. Therein, Respondents are directed to address whether this case is distinguishable from the numerous cases in which this Court has granted similar habeas relief and SHALL provide the Court with copies of any portions of Petitioner's A-File or related records Respondents rely upon. Petitioner may file a traverse no later than 15 days after Respondents file their brief. In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "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, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. The Clerk's Office is directed to serve Respondents with a copy of the Petition, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov. The Clerk's Office is further directed to serve a copy of this Minute Order on Petitioner signed by District Judge Jennifer L. Thurston on February 24, 2026. (Deputy Clerk IM) (Entered: 02/24/2026)
Feb 24, 2026
Service by Mail
Feb 24, 2026
Order on Motion for TRO AND Order on Motion to Appoint Counsel
Feb 24, 2026
SERVICE BY MAIL: 8 Order served on Rodrigo Miguel Hernandez. (Deputy Clerk SSA)

Parties

(HC)Hernandez
Party
Wofford
Party