Eastern District of California • 1:26-cv-01999
(HC) Fernandez v. Noem
Active
Case Information
Filed: March 12, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
March 20, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 12, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Field Office Director, ICE Enforcement and Removal Operations, Los Angeles Field Office, Todd Lyons, Kristi Noem, Facility Administrator (Warde) California City Correctional Center by Gabriel Alejandro Fernandez Fernandez. RECEIPT NO. 100007555 for the filing fee of $5.00 paid on 3/12/2026 by Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk CRM) (Entered: 03/12/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 12, 2026
MOTION for Issuance of Order to Show Cause, by Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk CRM) (Entered: 03/12/2026)
Main Document:
Miscellaneous Relief
#3
Mar 12, 2026
MOTION for TEMPORARY RESTRAINING ORDER and Non-Transfer Order, by Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk CRM) (Entered: 03/12/2026)
Main Document:
Temporary Restraining Order
#4
Mar 12, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/16/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 03/12/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Mar 12, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/12/2026: The Court has reviewed the 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The 1 petition appears to challenge petitioner's re-detention and raise legal issues that this Court has previously addressed. See e.g., Ramazan M. v. Andrews, No. 1:25-CV-01356-KES-SKO (HC), 2025 WL 3145562 (E.D. Cal. Nov. 10, 2025); R.A.N.O. v. Wofford, No. 1:25-CV-01535-KES-EPG (HC), 2026 WL 40507 (E.D. Cal. Jan. 6, 2026); Omer G. G. v. Kaiser, No. 1:25-CV-01471-KES-SAB (HC), 2025 WL 3254999 (E.D. Cal. Nov. 22, 2025). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before March 16, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Ramazan M. v. Andrews, R.A.N.O. v. Wofford, and Omer G. G. v. Kaiser and justify denying the petition, or indicate the matter is not substantively distinguishable. 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"). (GM) (Entered: 03/12/2026)
Mar 12, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk CRM)
Mar 12, 2026
Service by Mail
Mar 12, 2026
Minute Order
#6
Mar 13, 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: 03/13/2026)
Main Document:
CONSENT/DECLINE
Mar 13, 2026
Service by Mail
Mar 13, 2026
SERVICE BY MAIL: 5 Minute Order, served on Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk VMG)
Mar 19, 2026
Minute Order
#9
Mar 20, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 20, 2026
Service by Mail
Parties
(HC) Fernandez
Party
Noem
Party