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

#1

Mar 26, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLC) (Entered: 03/26/2026)

#2

Mar 26, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLC) (Entered: 03/26/2026)

#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)

#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

RECEIPT number 200017967 for $5.00 for Orlando Gamaliel Hernandez Rivas. (Deputy Clerk JAW)

Mar 26, 2026

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings

Mar 26, 2026

Service by Mail

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: 3 Prisoner New Case Documents served on Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLC)

#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)

#6

Mar 30, 2026

ORDER signed by Magistrate Judge Chi Soo Kim on 03/30/26 DIRECTING Respondents to file and answer or motion to dismiss within 7 days from the date of this order. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondents to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk VLC) (Entered: 03/30/2026)

Mar 30, 2026

Service by Mail

Mar 30, 2026

SERVICE BY MAIL: Remark, 6 Order served on Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLC)

#7

Apr 02, 2026

RESPONSE to 6 Order and MOTION to DISMISS by Respondent Warden. (Hemesath, Audrey) Modified on 4/7/2026 (KS). (Entered: 04/02/2026)

#8

Apr 02, 2026

CERTIFICATE of MAILING re 7 Response to Order and Motion to Dismiss by Respondent Warden. (Hemesath, Audrey) Modified on 4/7/2026 (KS). (Entered: 04/02/2026)

#9

Apr 20, 2026

OPPOSITION to 7 Motion to Dismiss by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk OML) (Entered: 04/21/2026)

#10

May 02, 2026

REPLY by Warden re 7 Motion to Dismiss. (Hemesath, Audrey) (Entered: 05/02/2026)

#11

May 14, 2026

MOTION for STATUS CONFERENCE by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk OML) (Entered: 05/15/2026)

#12

May 14, 2026

BRIEF in Support of 1 Petition for Writ of Habeas Corpus by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk OML) (Entered: 05/15/2026)

#13

Jun 10, 2026

MOTION for IMMEDIATE RELEASE by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLC) (Entered: 06/11/2026)

#14

Jun 12, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 6/12/2026: In Petitioner's 13 Motion for Immediate Release, Petitioner contends that his bond hearing held on 3/10/2026 was insufficient because the Immigration Judge denied bond based "almost exclusively on a single, non-violent Driving Under the Influence (DUI) arrest that has not resulted in a conviction," while "ignor[ing] overwhelming evidence of Petitioner's positive equities and strong ties to the community." In its 4 Order denying Petitioner's 2 Motion for a Temporary Restraining Order, the court found that "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." Petitioner does not assert any new facts or legal arguments in his 13 Motion for Immediate Release that warrant reconsideration of the court's previous Order. Accordingly, Petitioner's 13 Motion for Immediate Release is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/12/2026)

Jun 12, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 14, served on Orlando Gamaliel Hernandez Rivas. (Text Only Entry) (Deputy Clerk CRS)

Jun 12, 2026

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings

Jun 12, 2026

Service by Mail

#15

Jul 28, 2026

MOTION to EXPEDITE Adjudication of Pending Petition for Writ of Habeas Corpus by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk OML) (Entered: 07/29/2026)

#16

Jul 31, 2026

MOTION for EXPEDITED RESOLUTION by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk VLK) (Entered: 08/03/2026)

#17

Aug 24, 2026

MOTION for LEAVE to File First Amended Petition for Writ of Habeas Corpus by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk OML) (Entered: 08/25/2026)

#18

Aug 24, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk OML) (Entered: 08/25/2026)

#19

Aug 24, 2026

RENEWED MOTION for TEMPORARY RESTRAINING ORDER by Orlando Gamaliel Hernandez Rivas. (Deputy Clerk OML) (Entered: 08/25/2026)

#20

Aug 26, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 8/26/2026: The court has reviewed Petitioner's 18 First Amended Petition for Writ of Habeas Corpus and 19 Renewed Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the First Amended Petition, specifically in cases where noncitizens were re-detained after previously being released from immigration custody (see e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), and where noncitizens were detained by immigration authorities for the first time after living in the United States for an extended period of time (see e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)). This court has also previously held that noncitizens are entitled to a bond hearing when their immigration detention has grown prolonged, and an extended period of time has elapsed since receiving any such hearing. See Cobis-Gamboa v. Warden, Cal. City ICE Det. Fac., No. 2:26-cv-00658-DC-CKD, 2026 WL 1815504 (E.D. Cal. June 24, 2026) (granting habeas petition and ordering a bond hearing for the petitioner who was detained under § 1226(c) for over six months without a bond hearing); Nasar v. Warden, No. 2:26-cv-00433-DC-AC, 2026 WL 731160 (E.D. Cal. Mar. 16, 2026) (granting temporary restraining order and ordering a second bond hearing where nine months had elapsed since the petitioner had received a bond hearing during their detention under § 1225(b)). The court is contemplating ruling directly on the 18 First Amended Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Renewed Motion. See A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 19 Renewed Motion by 12:00 PM on 8/28/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's aforementioned cases. Petitioner may file a Reply by 9/11/2026. Both parties should address whether they oppose the court ruling directly on the Amended Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk MCF) (Entered: 08/26/2026)

Aug 26, 2026

SERVICE BY MAIL: 20 Minute Order served on Orlando Gamaliel Hernandez Rivas. (Deputy Clerk MCF)

Aug 26, 2026

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

Aug 26, 2026

Service by Mail

#21

Aug 28, 2026

ANSWER (Opposition) to 18 First Amended Petition for Writ of Habeas Corpus by Respondent Warden. (Hemesath, Audrey) Modified on 9/2/2026 (KS). (Entered: 08/28/2026)

#22

Aug 31, 2026

CERTIFICATE of SERVICE by Warden re 21 Opposition. Attorney Hemesath, Audrey Benison added as counsel of record. (Hemesath, Audrey) Modified on 9/3/2026 (KS). (Entered: 08/31/2026)

#24

Sep 18, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 9/18/2026: In Petitioner's 19 Renewed Motion for Temporary Restraining Order, Petitioner contends that he is entitled to release because he has been detained for almost six months since this court issued its 4 Order denying Petitioner's initial 2 Motion for a Temporary Restraining Order. In that 4 Order, the court explained that Petitioner's argument that Respondents presented insufficient evidence to justify his continued detention at his previous bond hearing was properly before the Board of Immigration Appeals, not this court. In his Renewed Motion, Petitioner does not allege any materially changed circumstances, however, that would alter an immigration judge's finding on bond. To the extent Petitioner believes such materially changed circumstances do exist, he may request a new bond hearing without need for court intervention. See 8 C.F.R. 1003.19(e) ("After an initial bond redetermination, an alien's request for a subsequent bond redetermination shall be made in writing and shall be considered upon a showing that the alien's circumstances have changed materially since the prior bond redetermination."). Accordingly, Petitioner's 19 Renewed Motion for Temporary Restraining Order is DENIED. This matter is REFERRED back to the assigned magistrate judge for further proceedings. (Text Only Entry) (Deputy Clerk MCF) (Entered: 09/18/2026)

Sep 18, 2026

Minute Order AND Order on Motion for TRO

Sep 18, 2026

SERVICE BY MAIL: 24 Minute Order served on Orlando Gamaliel Hernandez Rivas. (Deputy Clerk MCF)

Sep 18, 2026

Service by Mail

#25

Oct 20, 2026

Miscellaneous Relief

#26

Oct 22, 2026

Findings and Recommendations AND Order AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief

Oct 22, 2026

Service by Mail