Central District of California • 5:26-cv-01144
C.S.M. v. Ruby Hernandez
Completed
Case Information
Filed: March 11, 2026
Assigned to:
John W. Holcomb
Referred to:
Angela C. C. Viramontes
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: June 02, 2026
Last Activity:
October 08, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 11, 2026
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-41711850 for $5 filing fee, filed by Petitioners C. S.M., M.P. S.M.. (Attachments: # 1 Declaration Declaration by Next Friend MPSM) (Attorney Stephanie Periban added to party C. S.M.(pty:pet), Attorney Stephanie Periban added to party M.P. S.M.(pty:pet))(Periban, Stephanie) (Entered: 03/11/2026)
#2
Mar 11, 2026
EX PARTE APPLICATION for Temporary Restraining Order as to Petition for Writ of Habeas Corpus filed by Petitioner C. S.M., M.P. S.M.. (Attachments: # 1 Memorandum Memo of P's and A's ISO TRO) (Periban, Stephanie) (Entered: 03/11/2026)
#3
Mar 12, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John W. Holcomb and referred to Magistrate Judge Angela C. C. Viramontes, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (ghap) (Entered: 03/12/2026)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#4
Mar 12, 2026
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Writ of Habeas Corpus, 1 . The following error(s) was found: It appears a guardian ad litem is named in this case but no Petition seeking such appointment has been filed. A Petition for the Appointment of a Guardian Ad Litem must be filed when the appointment of a guardian ad litem is required by Fed. R. Civ. P. 17(c)(2). See Local Rule 17-1. Counsel must file a Petition for the Appointment of a Guardian Ad Litem immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) (Entered: 03/12/2026)
Main Document:
Deficiency in Attorney Case Opening
#5
Mar 12, 2026
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Writ of Habeas Corpus, 1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) (Entered: 03/12/2026)
Main Document:
Deficiency in Attorney Case Opening
#6
Mar 12, 2026
CIVIL COVER SHEET filed by Petitioner C. S.M.. (Periban, Stephanie) (Entered: 03/12/2026)
Main Document:
CIVIL
#7
Mar 13, 2026
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The Court has received and reviewed Petitioner's Ex Parte Application for a Temporary Restraining Order (the "Application") [ECF No. 3]. The Court hereby ORDERS as follows: (1) Respondents are DIRECTED to file their respective written responses to the Motion no later than March 17, 2026; (2) Petitioner is GRANTED leave to file an optional reply no later than 9:00 a.m. on March 19, 2026; (3) a hearing is SET on the Motion for March 20, 2026, at 8:30 a.m.; and (4) counsel for parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, California, at that date and time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 03/13/2026)
#8
Mar 13, 2026
First PETITION for Appointment of M.P.S.M. as Guardian ad Litem for C.S.M. filed by plaintiff C. S.M.. (Attachments: # 1 Memorandum) (Periban, Stephanie) (Entered: 03/13/2026)
Main Document:
Appoint Guardian ad Litem
Mar 13, 2026
Text Only Scheduling Notice
#9
Mar 17, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Alexander Layne Farrell counsel for Respondents Alex J. Adams, Ruby Hernandez, Niky Hymel, Robert F. Kennedy, Jr, Angie Salazar. Adding Alexander Layne Farrell as counsel of record for Ruby Hernandez, in her official capacity; Niky Hymel, in her official capacity; Alex J. Adams, in his official capacity; Angie Salazar, in her official capacity; and Robert F. Kennedy, Jr., in his official capacity for the reason indicated in the G-123 Notice. Filed by Respondents Ruby Hernandez, in her official capacity; Niky Hymel, in her official capacity; Alex J. Adams, in his official capacity; Angie Salazar, in her official capacity; and Robert F. Kennedy, Jr., in his official capacity. (Attorney Alexander Layne Farrell added to party Alex J. Adams(pty:res), Attorney Alexander Layne Farrell added to party Ruby Hernandez(pty:res), Attorney Alexander Layne Farrell added to party Niky Hymel(pty:res), Attorney Alexander Layne Farrell added to party Robert F. Kennedy, Jr(pty:res), Attorney Alexander Layne Farrell added to party Angie Salazar(pty:res))(Farrell, Alexander) (Entered: 03/17/2026)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#10
Mar 17, 2026
OPPOSITION in opposition to re: EX PARTE APPLICATION for Temporary Restraining Order as to Petition for Writ of Habeas Corpus 2 filed by Respondents Alex J. Adams, Ruby Hernandez, Niky Hymel, Robert F. Kennedy, Jr, Angie Salazar. (Attachments: # 1 Declaration of Toby Biswas)(Farrell, Alexander) (Entered: 03/17/2026)
#11
Mar 19, 2026
NOTICE of Appearance filed by attorney Stephanie Periban on behalf of Petitioner C. S.M. (Periban, Stephanie) (Entered: 03/19/2026)
Main Document:
Appearance
#12
Mar 19, 2026
REPLY filed by Petitioner C. S.M.. (Attachments: # 1 Declaration Declaration by Stephanie Periban Palacios ISO Reply, # 2 Declaration Declaration by Next Friend ISO Reply)(Periban, Stephanie) (Entered: 03/19/2026)
#13
Mar 19, 2026
MINUTES (IN CHAMBERS) ORDER GRANTING PETITION FOR APPOINTMENT OF M.P.S.M. AS GUARDIAN AD LITEM FOR PETITIONER C.S.M. by Magistrate Judge Angela C. C. Viramontes: granting 8 PETITION to Appoint Guardian ad Litem. Appointing M.P.S.M as Guardian ad Litem for C.S.M (dc) (Entered: 03/19/2026)
#14
Mar 20, 2026
MINUTE ORDER OF HEARING RE PETITIONER'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER 2 hearing held before Judge John W. Holcomb. For the reasons stated on the record, the Court hereby ORDERS as follows: Petitioner's Ex Parte Application [ECF No. 2] is GRANTED. Respondents are DIRECTED to release C.S.M. into the custody of M.P.S.M. FORTHWITH. Respondents are DIRECTED no later than March 24, 2026, to file a Status Report advising the Court regarding the outcome of the DNA test and the outcome of any other investigation concerning the Application. The parties are GRANTED leave to file any supplemental briefing in support of, or in opposition to, the issuance of a preliminary injunction, due no later than 9:00 a.m. on March 26, 2026. A Preliminary Injunction hearing is SET for March 27, 2026, at 8:30 a.m. IT IS SO ORDERED. Court Reporter: Courtsmart. (yl) (Entered: 03/20/2026)
#15
Mar 23, 2026
TRANSCRIPT ORDER as to Petitioner C. S.M. for Court Smart (CS). Court will contact Stephanie Periban Palacios at speriban@immdef.org with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Periban, Stephanie) (Entered: 03/23/2026)
Main Document:
-Transcript Order Form (G-120)
#16
Mar 24, 2026
STATUS REPORT RE: REUNIFICATION AND COMPLETION OF SPONSORSHIP APPLICATION filed by Respondents Alex J. Adams, Ruby Hernandez, Niky Hymel, Robert F. Kennedy, Jr, Angie Salazar. (Attachments: # 1 Second Declaration of Toby Biswas)(Farrell, Alexander) (Entered: 03/24/2026)
Main Document:
Status Report
#17
Mar 26, 2026
STIPULATION for Hearing re Preliminary Injunction, STIPULATION for Preliminary Injunction filed by Petitioner C. S.M.. (Attachments: # 1 Proposed Order)(Periban, Stephanie) (Entered: 03/26/2026)
Main Document:
Hearing AND Preliminary Injunction
#18
Mar 26, 2026
ORDER VACATING PRELIMINARY INJUNCTION HEARING 17 by Judge John W. Holcomb. The Joint Stipulation is GRANTED. The preliminary injunction hearing scheduled for March 27, 2026, at 8:30 a.m. is VACATED. The Court will not enter a preliminary injunction in this matter at this time. (SEE DOCUMENT FOR FURTHER DETAILS) (chk) (Entered: 03/26/2026)
#19
Mar 26, 2026
STATUS REPORT filed by Petitioner C. S.M.. (Attachments: # 1 Declaration of Cynthia Isabel Felix ISO Petitioner's Status Report, # 2 Exhibit ISO of Declaration of Cynthia Isabel Felix)(Felix, Cynthia) (Entered: 03/26/2026)
Main Document:
Status Report
#20
Mar 27, 2026
TRANSCRIPT for proceedings held on 3/20/2026. Court Reporter/Electronic Court Recorder: Huntington Court Reporters & Transcript Company, Inc, phone number 800-586-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/17/2026. Redacted Transcript Deadline set for 4/27/2026. Release of Transcript Restriction set for 6/25/2026. (ryo) (Main Document 20 replaced on 4/2/2026) (cr). (Entered: 03/30/2026)
#21
Mar 27, 2026
NOTICE OF FILING TRANSCRIPT filed for proceedings 3/20/2026 re Transcript 20 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ryo) TEXT ONLY ENTRY (Entered: 03/30/2026)
Mar 30, 2026
Notice of Filing Transcript
#22
Apr 20, 2026
MINUTE ORDER IN CHAMBERS by Magistrate Judge Angela C. C. Viramontes: The status conference is set for May 6, 2026, at 10:00 a.m., to be held via Zoom. The parties may obtain the Zoom access information by visiting the Court's procedures page for the Honorable Angela C. C. Viramontes at https://apps.cacd.uscourts.gov/Jps/honorable-angela-c-c-viramontes. (dc) . (Entered: 04/20/2026)
#23
Apr 29, 2026
ANSWER to Petition for Writ of Habeas Corpus, 1 filed by Respondents Alex J. Adams, Ruby Hernandez, Niky Hymel, Robert F. Kennedy, Jr, Angie Salazar.(Farrell, Alexander) (Entered: 04/29/2026)
#24
Apr 29, 2026
RESPONSE filed by Respondents Alex J. Adams, Ruby Hernandez, Niky Hymel, Robert F. Kennedy, Jr, Angie Salazarto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, 22 AND NOTICE OF SUGGESTED MOOTNESS (Farrell, Alexander) (Entered: 04/29/2026)
#25
Apr 30, 2026
SCHEDULING NOTICE AND BRIEFING REQUIRED BY PETITIONER by Magistrate Judge Angela C. C. Viramontes previously scheduled for May 6, 2026 10:00 a.m. has been terminated. Pursuant to the response filed by Respondents, the parties are not in agreement. Petitioner is to file a Reply to Respondent's Answer no later than May 7, 2026. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY Modified on 4/30/2026 (dc). (Entered: 04/30/2026)
Apr 30, 2026
Text Only Scheduling Notice
#26
May 07, 2026
TRAVERSE to Petition for Writ of Habeas Corpus, 1 filed by Plaintiff C. S.M.. (Periban, Stephanie) (Entered: 05/07/2026)
#27
May 13, 2026
REPORT AND RECOMMENDATION issued by Magistrate Judge Angela C. C. Viramontes. Re Petition for Writ of Habeas Corpus, 1 (dc) (Entered: 05/13/2026)
#28
May 13, 2026
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Angela C. C. Viramontes and Lodging of Proposed Judgment and Order. Objections to R&R due by 5/27/2026 (dc) (Entered: 05/13/2026)
Main Document:
Notice of Report and Recommendation
#29
Jun 02, 2026
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge John W. Holcomb for Report and Recommendation (Issued) 27 . The Court hereby ORDERS as follows: 1. The findings and recommendations of the Magistrate Judge are ACCEPTED and ADOPTED. [SEE ORDER FOR FURTHER DETAILS.] (san) (Entered: 06/02/2026)
#30
Jun 02, 2026
JUDGMENT by Judge John W. Holcomb, Related to: R&R - Accepting Report and Recommendations, 29 . It is hereby ORDERED, ADJUDGED, and DECREED that the petition under 28 U.S.C. § 2241 is GRANTED, with no further proceedings, consistent with the reasons and findings set forth in the May 13, 2026, Report and Recommendation of United States Magistrate Judge. (Dkt. No. 27.) (MD JS-6, Case Terminated). (san) (Entered: 06/02/2026)
#31
Aug 04, 2026
First NOTICE OF MOTION AND MOTION for Attorney Fees filed by Petitioner C. S.M.. (Attachments: # 1 Declaration SPP Decl ISO of EAJA Fees & Costs, # 2 Declaration MPSM Decl ISO of EAJA Fees & Costs) (Periban, Stephanie) (Entered: 08/04/2026)
#32
Aug 04, 2026
SEALED DOCUMENT Exhibit A ISO M.P.S.M. Declaration re First NOTICE OF MOTION AND MOTION for Attorney Fees 31, Order on Motion to Appoint Guardian ad Litem, 13 filed by Petitioner C. S.M..(Periban, Stephanie) (Entered: 08/04/2026)
Main Document:
Sealed Document
#33
Aug 14, 2026
OPPOSITION re: First NOTICE OF MOTION AND MOTION for Attorney Fees 31 AND RESPONDENTS REQUEST TO STAY PETITIONERS MOTION FOR EAJA FEES PENDING SUPREME COURT DECISION IN MONTOYA-PALACIOS filed by Respondents Alex J. Adams, Ruby Hernandez, Niky Hymel, Robert F. Kennedy, Jr, Angie Salazar. (Farrell, Alexander) (Entered: 08/14/2026)
#34
Aug 19, 2026
SCHEDULING NOTICE by Judge John W. Holcomb: On its own motion, the Court hereby ADVANCES the hearing on Petitioner's Motion for Attorney's Fees and Costs [ECF No. 31] from September 4, at 9:00 a.m. to September 3, 2026, at 10:00 a.m. Counsel for the parties are DIRECTED to appear in person at that date and time in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, California. The Reply brief deadline remains due no later than August 21, 2026. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 08/19/2026)
Aug 19, 2026
Text Only Scheduling Notice
#35
Aug 21, 2026
REPLY in support of a motion First NOTICE OF MOTION AND MOTION for Attorney Fees 31 filed by Petitioner C. S.M.. (Periban, Stephanie) (Entered: 08/21/2026)
#36
Aug 25, 2026
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Petitioner's Motion for Attorney's Fees and Costs [ECF No. 31] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on September 3, 2026. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 08/25/2026)
Aug 25, 2026
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