Eastern District of California • 2:26-cv-01123

(HC) Hernandez Rivas v. Warden

Active

Case Information

Filed: March 26, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 21, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 26, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLC) (Entered: 03/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 26, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLC) (Entered: 03/26/2026)
Main Document: Temporary Restraining Order
#3
Mar 26, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 03/26/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Mar 26, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/26/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. To the extent Petitioner requests an order prohibiting his transfer to another district, there is no basis for granting that relief. This court retains jurisdiction over Petitioner's Habeas Petition notwithstanding his possible transfer to a detention facility outside of this district. See Garcia-Ayala v. Andrews, No. 2:25-cv-02070-DJC-JDP, 2025 WL 2578167, at *3 (E.D. Cal. Sept. 5, 2025) (explaining that "the Court does not lose jurisdiction over [Petitioner's] pending habeas petition if Petitioner is transferred to another jurisdiction"). Further, both claims raised in Petitioner's Petition are based on his argument that "[t]he Immigration Judge's decision erroneously concluded Petitioner is a danger to the community and a flight risk by giving dispositive weight to a single non-violent arrest while ignoring the overwhelming evidence of his family ties, strong community support, stable employment history, and guaranteed housing." (Doc. No. 1 at 6.) But Petitioner's argument that the evidence considered by the immigration judge was insufficient to meet the Government's burden is an argument to be raised to the Board of Immigration Appeals, not this court. Loba L.M. v. D.A.L.M., No. 1:25-cv-00611-JLT-SAB, 2026 WL 710307, at *8 (E.D. Cal. Marc. 13, 2026) ("Petitioner challenges the sufficiency of the evidence supporting the immigration judge's bond determination rather than the constitutionality of the process by which that determination was reached... Complaints about the conclusion the IJ reached must be presented through the normal immigration appeal process."). For these reasons, Petitioner has not shown a likelihood of success on the merits of his claims, and the 2 Motion for a Temporary Restraining Order is therefore DENIED. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/26/2026)
Mar 26, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
Mar 26, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLC)
Mar 26, 2026
RECEIPT number 200017967 for $5.00 for Orlando Gamaliel Hernandez Rivas. (Deputy Clerk JAW)
Mar 26, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 4, served on Orlando Gamaliel Hernandez Rivas. (Text Only Entry) (Deputy Clerk CRS)
Mar 26, 2026
Service by Mail
#5
Mar 27, 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: 03/27/2026)
Main Document: CONSENT/DECLINE
#6
Mar 30, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 30, 2026
Service by Mail
#9
Apr 21, 2026
Opposition to Motion
Main Document: Opposition to Motion

Parties

(HC) Hernandez Rivas
Party
Warden
Party