Eastern District of California • 1:25-cv-01309

(HC) H.M. v. Wofford

Active

Case Information

Filed: October 04, 2025
Assigned to: Jennifer L. Thurston
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: November 10, 2025
Parties: View All Parties →

Docket Entries

#1
Oct 04, 2025
PETITION for WRIT of HABEAS CORPUS against All Defendants by J.S. H.M.. (Filing fee $ 5, receipt number ACAEDC-12508128) (Attachments: # 1 Affidavit Affidavit of Natalia Vieira Santanna, # 2 Exhibit Exh.1 - Petitioner's Entry Document, # 3 Exhibit Exh.2 - Petitioner's Equity documents)(Vieira Santanna, Natalia) (Entered: 10/04/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 04, 2025
MOTION for TEMPORARY RESTRAINING ORDER by J.S. H.M.. (Attachments: # 1 Proposed Order TRO Proposed order, # 2 Affidavit Affidavit of Natalia Vieira Santanna, # 3 Exhibit Exh. 1 Petitioner's Entry documents, # 4 Exhibit Exh. 2 Petitioner's Equities documetns, # 5 Notice TRO Checklist)(Vieira Santanna, Natalia) (Entered: 10/04/2025)
Main Document: Temporary Restraining Order
#3
Oct 04, 2025
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by J.S. H.M.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Affidavit Affidavit of Natali Vieira Santanna, # 3 Exhibit Exh 1 Petitioner's Release Documents, # 4 Exhibit Exh 2 Equities)(Vieira Santanna, Natalia) (Entered: 10/04/2025)
Main Document: Amended Petition for Writ of Habeas Corpus
#4
Oct 04, 2025
REQUEST for Motion to Proceed via Pseudonym by J.S. H.M.. (Attachments: # 1 Proposed Order)(Vieira Santanna, Natalia) (Entered: 10/04/2025)
Main Document: Request
#5
Oct 04, 2025
ORDER RE CONSENT ISSUED. Consent or Decline due within 30-days. (Deputy Clerk RMG) (Entered: 10/04/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#6
Oct 05, 2025
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. (Vieira Santanna, Natalia) (Entered: 10/05/2025)
Main Document: CONSENT/DECLINE
#7
Oct 06, 2025
MINUTE ORDER (Text Only Entry) The Court has reviewed the papers filed thus far in this matter, including the request for a temporary restraining order. (Doc. 2 .) On this record, the Court preliminarily believes Petitioner is likely to demonstrate success on his due process claim and that immediate release likely is the appropriate remedy. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than noon on October 9, 2025 why the Court should not grant Petitioner's motion for a temporary restraining order. Petitioner may file a reply no later than noon on October 14, 2025. The Parties are further ordered to appear for a hearing on the motion before the undersigned at 1:30 pm on Thursday, October 16, 2025 via Zoom videoconference (details to be provided to the parties prior to the hearing). Alternatively, the Court would be amenable to ruling on the papers if the parties indicate that they are willing to waive a hearing. If Respondents have no new arguments to offer that have not already been addressed by the Court, they may so indicate while reserving appellate rights.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..No later than October 5, 2025, to the extent not already accomplished, Petitioner's counsel is directed: (1) to serve respondents with a copy of the Petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on October 6, 2025. (Deputy Clerk IM) (Entered: 10/06/2025)
#8
Oct 06, 2025
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
Oct 06, 2025
Minute Order AND ~Util - Set/Reset Motion Hearing
#10
Oct 09, 2025
Opposition to Motion
Main Document: Opposition to Motion
Oct 10, 2025
Minute Order
#15
Oct 16, 2025
Order on Motion for TRO
Main Document: Order on Motion for TRO
Oct 16, 2025
Motion Hearing
Nov 10, 2025
Minute Order