Eastern District of California • 1:26-cv-02725

(HC) Hernandez-Canales v. Warden

Completed

Case Information

Filed: April 10, 2026
Assigned to: Troy Lynne Nunley
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 05, 2026
Last Activity: May 05, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 10, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Emillio Javier Hernandez-Canales. (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 10, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Emillio Javier Hernandez-Canales. (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document: In Forma Pauperis
#3
Apr 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Emillio Javier Hernandez-Canales. (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document: Temporary Restraining Order
#4
Apr 10, 2026
MOTION to APPOINT COUNSEL by Emillio Javier Hernandez-Canales. (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document: Appoint Counsel
#5
Apr 10, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/14/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document: Prisoner New Case Documents for DJ Presider
Apr 10, 2026
Service by Mail
Apr 10, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Emillio Javier Hernandez-Canales. (Deputy Clerk JAW)
#6
Apr 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 13, 2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Respondents shall file any opposition to the petition by April 14, 2026. Any opposition shall indicate whether Respondents request a hearing on the petition and must include Petitioner's Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). In the meantime, 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, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). The Clerk of the Court shall serve this Order and all documents filed in this case on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/13/2026)
#7
Apr 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: 04/13/2026)
Main Document: CONSENT/DECLINE
Apr 13, 2026
Service by Mail
Apr 13, 2026
Minute Order
Apr 13, 2026
SERVICE BY MAIL: 6 Minute Order served on Emillio Javier Hernandez-Canales. (Deputy Clerk MDK)
#8
Apr 14, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus; OPPOSITION to 3 Motion for Temporary Restraining Order by Warden . (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Fugitive Court Paperwork, # 3 Exhibit RAP Sheet, # 4 Exhibit Warrant for Arrest of Alien & Notice of Custody Determination)(Rodriguez, Camilo) Modified on 4/15/2026 (KLY). (Entered: 04/14/2026)
Main Document: RESPONSE
#9
Apr 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 15, 2026: This matter is before the Court on Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 ). Respondents filed a response. (ECF No. 8 .) As set forth in the Court's upcoming Order, the Petition is GRANTED. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A#248-000-413) from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents must file a notice of compliance certifying his release by April 16, 2026. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. A written order will follow. The Clerk of the Court is also directed to serve Golden State Annex with this order. SO ORDERED. (TEXT ONLY ENTRY (cc: Golden State) (Deputy Clerk MDK) (Entered: 04/15/2026)
Apr 15, 2026
Service by Mail
Apr 15, 2026
SERVICE BY MAIL: 9 Minute Order served on Emillio Javier Hernandez-Canales. (Deputy Clerk MDK)
Apr 15, 2026
Minute Order
#10
Apr 16, 2026
Notice of Compliance
Main Document: Notice of Compliance
Apr 23, 2026
MAIL RETURNED as RTS; attempted not known; unable for forward: 6 Minute Order, sent to Emillio Javier Hernandez-Canales. (Deputy Clerk LMS)
Apr 30, 2026
MAIL RETURNED as Undeliverable, Unable to Forward: 5 Prisoner New Case Documents sent to Emillio Javier Hernandez-Canales. Notice of Change of Address due by 6/8/2026. (Deputy Clerk MCF)
May 04, 2026
MAIL RETURNED as Undeliverable, Detainee not in custody: 9 Minute Order sent to Emillio Javier Hernandez-Canales. Notice of Change of Address due by 6/11/2026. (Deputy Clerk JRM)
#11
May 05, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 5/5/2026 GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus; Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where: Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or Respondents demonstrate by clear and convincing evidencethat Petitioner poses a danger to the community or a flight risk; GRANTING Petitioner's 2 Motion to Proceed in Forma Pauperis; and DENYING Petitioner's 3 Motion for a Temporary Restraining Order and Motion to Appoint Counsel as moot. (cc ICE Golden State Annex) CASE CLOSED. (Deputy Clerk RRB) (Entered: 05/05/2026)
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
#12
May 05, 2026
JUDGMENT dated *5/5/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 5/5/2026. (Deputy Clerk RRB) (Entered: 05/05/2026)
Main Document: Judgment
May 05, 2026
Service by Mail
May 05, 2026
SERVICE BY MAIL: 11 Order and 12 Judgment served on Emillio Javier Hernandez-Canales. (Deputy Clerk RRB)

Parties

(HC) Hernandez-Canales
Party
Warden
Party