Eastern District of California • 1:26-cv-01999

#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)

#2

Mar 12, 2026

MOTION for Issuance of Order to Show Cause, by Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk CRM) (Entered: 03/12/2026)

#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)

#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)

#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)

Mar 13, 2026

Service by Mail

Mar 13, 2026

SERVICE BY MAIL: 5 Minute Order, served on Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk VMG)

#7

Mar 16, 2026

RESPONSE by Facility Administrator (Warden) California City Correctional Center, Field Office Director, ICE Enforcement and Removal Operations, Los Angeles Field Office, Todd Lyons, Kristi Noem to 5 Minute Order,,,,,,,, 1 Petition for Writ of Habeas Corpus, 3 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit Form I-213 9/3/2019, # 2 Exhibit Form I-213 2/4/2026, # 3 Exhibit RAP Sheet, # 4 Exhibit Arrest Documents, # 5 Exhibit USCIS Update on Supreme Court Order for TPS for Venezuelans, # 6 Exhibit USCIS TPS for Venezuelans Terminated, # 7 Exhibit Warrant for Arrest, # 8 Exhibit Notice to Appear)(Rodriguez, Camilo) (Entered: 03/16/2026)

#8

Mar 19, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/19/2026: The 3 motion for temporary restraining order is denied. Respondents' records show that in 2026 immigration authorities charged petitioner as inadmissible pursuant to 8 U.S.C. § 1182(a)(7)(A)(i)(I), after petitioner was arrested and charged with felony burglary with assault or battery in 2025. Doc. 7-3; Doc. 7-8. Petitioner's motion for temporary restraining order seeks his release. He relies on cases in which courts considered the re-detention of a noncitizen who was released from custody under 8 U.S.C. § 1226(a) and then subsequently re-detained pursuant to 8 U.S.C. § 1225(b)(2)(A). E.g., Hernandez-Fernandez v. Lyons, No. 5:25-CV-00773-JKP, 2025 WL 2976923 (W.D. Tex. Oct. 21, 2025). But petitioner's detention appears to be under 8 U.S.C. § 1226(c)(1)(E), which authorizes detention for "any alien" who "is inadmissible under" 8 U.S.C. § 1182(a)(7)(A)(i)(I) and "is charged with, is arrested for, [or] is convicted of,... any burglary... offense[.]" 8 U.S.C. § 1226(c)(1)(E). Petitioner fails to establish a likelihood of success on his statutory and due process claims as his motion does not address the correct statute governing his detention. This matter is referred to the assigned magistrate judge for further proceedings on the petition. (JV) (Entered: 03/19/2026)

Mar 19, 2026

Minute Order

#9

Mar 20, 2026

Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Mar 20, 2026

Service by Mail

Mar 20, 2026

SERVICE BY MAIL: 9 Order, 8 Minute Order served on Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk EF)

#10

Apr 03, 2026

STATEMENT of Intent to File No Further Briefing filed by Respondents Facility Administrator (Warden) California City Correctional Center, Field Office Director, ICE Enforcement and Removal Operations, Los Angeles Field Office, Todd Lyons, Kristi Noem re 9 Order, Set/Reset Deadlines and Hearings. (Rodriguez, Camilo) (Entered: 04/03/2026)

#11

Apr 03, 2026

Certificate / Proof of Service

#12

Apr 09, 2026

TRAVERSE by Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk SSA) (Entered: 04/09/2026)

#13

Jun 05, 2026

MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 06/05/2026: In their response to the petition, Respondents represent that Petitioner's Temporary Protected Status ("TPS") "was terminated on November 20, 2025." (Doc. 7 at 2). In support, Respondents attach a Report of Deportable/Inadmissible Alien that records summarily that "TPS was terminated on 11/20/2025" (Doc. 7-2 at 3), as well as purported pages from a USCIS website (Docs. 7-5, 7-6). Separately, Petitioner attaches to his traverse an application for TPS dated 1/17/2025. (Doc. 12 at 13). There is no information before the Court relating to (1) the nature and circumstances of the asserted termination of Petitioner's TPS on 11/20/2025, or (2) the status (whether approved, disapproved, or otherwise) of Petitioner's TPS application of 1/17/2025. Accordingly, it is HEREBY ORDERED that, no later than 6/15/2026, Respondents shall file a declaration from a knowledgeable witness attesting to and/or documentation addressing (1) the nature and circumstances of the asserted termination of Petitioner's TPS on 11/20/2025 and the grounds for any termination, including notice of any withdrawal (see 8 C.F.R. § 244.14), and (2) the status (whether approved, disapproved, or otherwise) of any TPS application filed by Petitioner, including any application filed on or about 1/17/2025. (Deputy Clerk CRB) (Entered: 06/05/2026)

Jun 05, 2026

Service by Mail

Jun 05, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jun 05, 2026

SERVICE BY MAIL: 13 Minute Order served on Gabriel Alejandro Fernandez Fernandez. (Deputy Clerk CRB)