Southern District of California • 3:26-cv-01248

#1

Feb 26, 2026

Petition for Writ of Habeas Corpus against Warden, Otay Mesa Detention Center ( Filing fee $ 5 receipt number 167374.), filed by Vidal Hernandez- Garcia. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Support of Release, # 4 Receipt)The new case number is 3:26-cv-1248-JO-BLM. Judge Jinsook Ohta and Magistrate Judge Barbara Lynn Major are assigned to the case.(ggv) (Entered: 03/03/2026)

#2

Mar 03, 2026

Minute Order by Judge Jinsook Ohta: On February 26, 2026, Petitioner filed a petition for writ of habeas corpus requesting injunctive relief. Dkt. 1. The Court ORDERS Respondents TO SHOW CAUSE why the petition should not be granted by filing a written response no later than 9:00 AM on Thursday, March 12, 2026. The Court further ORDERS Respondents to file, as exhibits to their response, the complete set of Petitioner's immigration records necessary for adjudication of this habeas petition, including all Department of Homeland Security records, immigration court documents, arrest or custody records, and any other materials pertaining to Petitioner's detention, processing, or removal proceedings. Unless Respondents concede that Petitioner is entitled to the complete relief requested in the habeas petition, Respondents must comply with this order by filing the complete set of Petitioner's immigration records.The Court SETS a hearing with oral argument for Thursday, March 19, 2026 at 9:30 AM. All parties may appear by videoconference for the hearing. The courtroom deputy will provide the videoconference information ahead of the hearing. The hearing will proceed unless the Court issues a written decision on the merits ahead of the hearing date. The parties are directed to check the docket at 5:00 PM on the day before the hearing to determine whether such an order has issued and the hearing has been vacated.The Court ORDERS that Petitioner shall not be transferred out of this District unless Respondents provide advance notice of the intended move. Such notice shall be filed in writing on the docket in this proceeding and shall state the reason why Respondents believe that such a movement is necessary and should not be stayed pending further court proceedings. Once that notice has been docketed, Petitioner SHALL NOT be moved out of this District for a period of at least 48 hours from the time of that docketing. The Clerk of Court shall transmit a copy of this Order and the Petition [Dkt. 1] to the U.S. Attorney's Office for the Southern District of California. Signed by Judge Jinsook Ohta on 03/03/2026. (rh) (Entered: 03/03/2026)

Mar 03, 2026

Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings

#3

Mar 11, 2026

NOTICE of Appearance and Substitution of Counsel by Kim A.C. Gregg on behalf of Warden, Otay Mesa Detention Center (Gregg, Kim)Attorney Kim A.C. Gregg added to party Warden, Otay Mesa Detention Center(pty:res) (rxc). (Entered: 03/11/2026)

#4

Mar 11, 2026

RETURN to Petition for Writ of H/C by Warden, Otay Mesa Detention Center. (Attachments: # 1 Exhibit 1. Orders Dismissing Petitions Without Prejudice for Lack of Standing, # 2 Exhibit 2. Form I-213, # 3 Exhibit 3. NTA, # 4 Exhibit 4. Notice of Individual Hearing, # 5 Exhibit 5. Notice of Representation in Immigration Court, # 6 Proof of Service)(Gregg, Kim) (rxc). (Entered: 03/11/2026)

#5

Mar 12, 2026

Minute Order by Judge Jinsook Ohta: Respondents filed a response to the petition contending that it is subject to dismissal under 28 U.S.C. § 2242 because it is not signed and verified by the petitioner or by someone acting on the petitioner's behalf. Dkt. 4. The Court finds that representation is necessary given the complexity and potential validity of the constitutional, statutory, and procedural issues presented. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Accordingly, the Court CONDITIONALLY APPOINTS Federal Defenders of San Diego, Inc. as counsel effectively immediately. The Court ORDERS Petitioner to file a signed declaration verifying the petition by March 24, 2026. The Court ORDERS Petitioner to submit a form CJA 23 financial affidavit by March 24, 2026 to demonstrate financial eligibility. See Terrovona v. Kincheloe, 912 F.2d 1176, 1181-82 (9th Cir. 1990); 18 U.S.C. § 3006A(b).The Court VACATES the March 19, 2026 hearing. Signed by Judge Jinsook Ohta on 03/12/2026. (rh) (Entered: 03/12/2026)

#6

Mar 12, 2026

NOTICE of Appearance by Armilla Teresita Staley-Ngomo on behalf of Vidal Hernandez- Garcia (Staley-Ngomo, Armilla)Attorney Armilla Teresita Staley-Ngomo added to party Vidal Hernandez- Garcia(pty:pet) (Entered: 03/12/2026)

Mar 12, 2026

Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings