Eastern District of California • 1:26-cv-02786

(HC) Cornejo v. Warden

Active

Case Information

Filed: April 13, 2026
Assigned to: Troy Lynne Nunley
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 30, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 13, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Ofilio Antonio Cornejo. (Deputy Clerk OML) (Entered: 04/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ofilio Antonio Cornejo. (Deputy Clerk OML) (Entered: 04/14/2026)
Main Document: Temporary Restraining Order
#3
Apr 13, 2026
MOTION for APPOINTMENT of COUNSEL by Ofilio Antonio Cornejo. (Deputy Clerk OML) (Entered: 04/14/2026)
Main Document: Appoint Counsel
#4
Apr 14, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/18/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/14/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Apr 14, 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: 04/14/2026)
Main Document: CONSENT/DECLINE
#6
Apr 14, 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: 04/14/2026)
Main Document: CONSENT/DECLINE
Apr 14, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Ofilio Antonio Cornejo. (Deputy Clerk OML)
Apr 14, 2026
Service by Mail
#7
Apr 15, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 4/14/2026 DIRECTING Respondents to not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court, DIRECTING Respondents to file a response to the 2 Motion for TRO within 3 court days from the date of this Order, PROVISIONALLY AUTHORIZING Petitioner to proceed in forma pauperis without prepayment of the filing fee in this action, subject to Petitioner filing an application to proceed in forma pauperis within 30 days from the date of this Order, DIRECTING the Court of the Court to serve an application to proceed in forma pauperis on Petitioner and serve a copy of this order and Petition on the Federal Defender and United States Attorney, and GRANTING 3 Motion to Appoint Counsel. The appointing authority for the Eastern District of California shall identify counsel and notify the Court within 7 days from the date of this Order. (Entered: 04/15/2026)
Main Document: Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
#8
Apr 15, 2026
Opposition to Motion
Main Document: Opposition to Motion
#9
Apr 15, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
Apr 15, 2026
SERVICE BY MAIL: 7 Order and an Application to Proceed in Forma Pauperis served on Ofilio Antonio Cornejo. (Deputy Clerk OML)
Apr 15, 2026
Service by Mail
#10
Apr 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 16, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents filed an opposition. (ECF No. 8 .) The Court has reviewed the parties' briefs and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025); Daniel J. F. v. Warden of the Cal. City Corr. Ctr., No. 2:26-CV-01266-TLN-CKD, 2026 WL 999186, at *1 (E.D. Cal. Apr. 13, 2026). Petitioner is subject to 8 U.S.C. 1226(a) and he is entitled to a bond hearing at minimum. Yet, Respondents have detained Petitioner for over 9 months without any such hearing. Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 079-155-615) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Unless and until Respondents obtain a executable final order of removal for Petitioner, Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents are further ORDERED to file a notice of compliance by February 17, 2026. The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk is directed to serve the California City Detention Center with a copy of this Order. The Court declines to hold this matter in abeyance and REFERS this matter to the assigned U.S. Magistrate Judge for further proceedings on the Petition for Writ of Habeas Corpus. SO ORDERED. (TEXT ONLY ENTRY) (cc: Ca City) (Deputy Clerk MDK) (Entered: 04/16/2026)
#11
Apr 16, 2026
Notice of Compliance
Main Document: Notice of Compliance
Apr 16, 2026
Minute Order AND Order on Motion for TRO
Apr 16, 2026
SERVICE BY MAIL: 10 Minute Order served on Ofilio Antonio Cornejo. (Deputy Clerk MDK)
Apr 16, 2026
Service by Mail
Apr 22, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#13
Apr 30, 2026
Notice of Appearance
Main Document: Notice of Appearance

Parties

(HC) Cornejo
Party
Warden
Party