Eastern District of California • 2:26-cv-00797
(HC) Hernandez Fausto v. Warden of the California City Detention Facility
Active
Case Information
Filed: March 10, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 18, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 10, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the California City Detention Facility by Jose Daniel Hernandez Fausto. (Deputy Clerk LMS) (Entered: 03/11/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 10, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jose Daniel Hernandez Fausto. (Deputy Clerk LMS) (Entered: 03/11/2026)
Main Document:
In Forma Pauperis
#3
Mar 10, 2026
MOTION for APPOINTMENT of COUNSEL by Jose Daniel Hernandez Fausto. (Deputy Clerk LMS) (Entered: 03/11/2026)
Main Document:
Appoint Counsel
#4
Mar 11, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 03/11/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Mar 11, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Jose Daniel Hernandez Fausto. (Deputy Clerk LMS)
Mar 11, 2026
Service by Mail
#5
Mar 12, 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: 03/12/2026)
Main Document:
CONSENT/DECLINE
#6
Mar 16, 2026
Order on Motion to Appoint Counsel
Mar 16, 2026
Service by Mail
Mar 16, 2026
SERVICE BY MAIL: 6 Order on Motion to Appoint Counsel, 7 Order to Show Cause served on Jose Daniel Hernandez Fausto. (Deputy Clerk OFR)
#8
Mar 25, 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. (Deputy Clerk SSA) (Entered: 03/25/2026)
Main Document:
CONSENT/DECLINE
#9
Apr 15, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#10
May 05, 2026
ORDER REASSIGNING CASE signed by Chief Judge Troy L. Nunley: Due to the retirement of Magistrate Judge Sheila K. Oberto from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Erin Guy Castillo* for all further proceedings. (Deputy Clerk MR) (Entered: 05/05/2026)
Main Document:
ORDER
May 05, 2026
Service by Mail
May 05, 2026
SERVICE BY MAIL: 10 Order Reassigning Judge, served on Jose Daniel Hernandez Fausto. (Deputy Clerk MR)
#11
Jun 07, 2026
[DISREGARD- See 12 Designation for Correct pdf] DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden of the California City Detention Facility, attorney Ihsan U. Ahmed terminated (Assaf, Nisreen) Modified on 6/8/2026 (JJD). (Entered: 06/07/2026)
Main Document:
[DISREGARD-
#12
Jun 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. (Assaf, Nisreen) (Entered: 06/07/2026)
Main Document:
DESIGNATION
#13
Jul 07, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/7/2026: (Text Only Entry). On April 15, 2026, Respondents filed an opposition to Petitioner's petition in which Respondents' sole legal argument was that Petitioner's detention was presumptively reasonable under Zadvydas v. Davis, 533 U.S. 678, 683 (2001), through July 6, 2026. (Doc. 9 ). Now that it has been more than six months since the end of the 90-day time period under 8 U.S.C. § 1231(a)(6) and that date has now passed, Respondents are hereby DIRECTED to show cause within fourteen (14) days as to why Petitioner's petition should not be granted. (Deputy Clerk WAK) (Entered: 07/07/2026)
Jul 07, 2026
Minute Order
Jul 07, 2026
Service by Mail
Jul 07, 2026
SERVICE BY MAIL: 13 Minute Order, served on Jose Daniel Hernandez Fausto. (Deputy Clerk WAK)
#14
Jul 22, 2026
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Erin Guy Castillo on 7/22/2026: The Court observes that it ordered a response be filed by Respondent by no later than yesterday, July 21, 2026. (Doc. 13 ). Respondent is hereby ORDERED to file a response to that order by no later than today July 22, 2026 or an issue to show cause will be issued. (Deputy Clerk YV) (Entered: 07/22/2026)
#15
Jul 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden of the California City Detention Facility, attorney Nisreen Fakhouri Assaf terminated (Hemesath, Audrey) (Entered: 07/22/2026)
Main Document:
DESIGNATION
#16
Jul 22, 2026
STATUS REPORT by Warden of the California City Detention Facility. (Attachments: # 1 Exhibit Immigration judge order)(Hemesath, Audrey) (Entered: 07/22/2026)
Main Document:
STATUS
Jul 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 22, 2026
SERVICE BY MAIL: 14 Minute Order, served on Jose Daniel Hernandez Fausto. (Deputy Clerk YV)
Jul 22, 2026
Service by Mail
#17
Jul 23, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#18
Jul 24, 2026
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Erin Guy Castillo on 7/24/2026: The Court observes that the Respondents' untimely "status report," (Doc. 16 ), does not meaningfully respond to the Court's July 7, 2026 order requiring the government to--in light of the fact that the Government's sole argument in favor of detention was that Petitioner's detention was presumptively reasonable under Zadvydas v. Davis, 533 U.S. 678, 683 (2001), through July 6, 2026--show cause as to why Petitioner's petition should not be granted given that Petitioner's detention now exceeds the presumptively reasonable period under Zadvydas. Respondents are hereby ORDERED to meaningfully respond to the Court's order and to address this issue by no later than July 27, 2026. (Deputy Clerk YV) (Entered: 07/24/2026)
Jul 24, 2026
Service by Mail
Jul 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 24, 2026
SERVICE BY MAIL: 18 Minute Order, served on Jose Daniel Hernandez Fausto. (Deputy Clerk YV)
#19
Jul 27, 2026
STATUS REPORT by Warden of the California City Detention Facility. (Attachments: # 1 Declaration ERO Declaration, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2)(Hemesath, Audrey) (Entered: 07/27/2026)
Main Document:
STATUS
#20
Jul 27, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#21
Jul 28, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/28/2026: (Text Only Entry). 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"). Additionally, in light of the judicial emergency and in order to conserve limited judicial resources, Respondents SHALL have an affirmative duty to inform the Court of any change to the claimed detention authority or custody status of Petitioner within THREE (3) days of any such change. (Deputy Clerk WAK) (Entered: 07/28/2026)
Jul 28, 2026
SERVICE BY MAIL: 21 Minute Order, served on Jose Daniel Hernandez Fausto. (Deputy Clerk WAK)
Jul 28, 2026
Minute Order
Jul 28, 2026
Service by Mail
#22
Jul 29, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/29/2026: (Text Only Entry). The Court rescinds its minute order in its entirety dated July 28, 2026. "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"). Additionally, in light of the judicial emergency and in order to conserve limited judicial resources, Respondents SHALL have an affirmative duty to inform the Court of any change to the claimed detention authority or custody status of Petitioner within THREE (3) days of any such change." (Deputy Clerk WAK) (Entered: 07/29/2026)
Jul 29, 2026
SERVICE BY MAIL: 22 Minute Order,,, served on Jose Daniel Hernandez Fausto. (Deputy Clerk WAK)
Jul 29, 2026
Minute Order
Jul 29, 2026
Service by Mail
#23
Aug 05, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 8/5/2026: (Text Only Entry). The Court observes that Petitioner's deadline to appeal the Immigration Judge's order denying various fear-based protections is due on August 21, 2026. The Court hereby ORDERS Petitioner to advise the Court within seven (7) days as to whether he intends to appeal the Immigration Judge's order and, if so, Petitioner is further ORDERED to notify the Court when that appeal has been filed. (Deputy Clerk WAK) (Entered: 08/05/2026)
Aug 05, 2026
SERVICE BY MAIL: 23 Minute Order, served on Jose Daniel Hernandez Fausto. (Deputy Clerk WAK)
Aug 05, 2026
Minute Order
Aug 05, 2026
Service by Mail
Aug 18, 2026
Minute Order
Aug 18, 2026
Service by Mail
Parties
(HC)Hernandez Fausto
Party
Warden of the California City Detention Facility
Party