Eastern District of California • 1:26-cv-02882
(HC) Moran v. U.S. General Attorney
Completed
Case Information
Filed: April 16, 2026
Assigned to:
Rebecca L. Pennell
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: April 30, 2026
Last Activity:
September 28, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against ICE, U.S. General Attorney by Romualdo Plutarco Moran. (Deputy Clerk EF) (Entered: 04/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 17, 2026
VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Deputy Clerk EF) (Entered: 04/17/2026)
Main Document:
VISITING
#3
Apr 17, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Romualdo Plutarco Moran signed by Visiting Judge Rebecca L Pennell on 04/17/2026. (Deputy Clerk EF) (Entered: 04/17/2026)
Main Document:
05 - HC/Order Authorizing IFP
#4
Apr 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for ICE,Audrey Benison Hemesath, GOVT for U.S. General Attorney (Hemesath, Audrey) (Entered: 04/17/2026)
Main Document:
DESIGNATION
Apr 17, 2026
SERVICE BY MAIL: 2 Civil New Case Documents for Visiting Judge, 3 Order Authorizing IFP Status served on Romualdo Plutarco Moran. (Deputy Clerk EF)
Apr 17, 2026
Service by Mail
#5
Apr 20, 2026
MINUTE ORDER (Text Only Entry). The Court has reviewed the Petition for Writ of Habeas Corpus which also includes a request for emergency relief in the form of a temporary restraining order. ECF No. 1. Ruling on the Petition for Writ of Habeas Corpus and the request for a temporary restraining order is reserved at this time. Respondents shall file any opposition to the Petition, including the request for temporary restraining order contained therein, by April 23, 2026. Any response must include Petitioner's (A-File # 222514299) full 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, including available documentation related to any asserted violations of release conditions. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by April 27, 2026. The parties are directed to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing; and (3) whether they request additional briefing on the merits of the petition. Depending on the content of the filings, the Court may set a hearing or may rule on the papers. In the meantime, pending a ruling on the Petition for Writ of Habeas Corpus, 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 is to notify the United States Attorney's Office for the Eastern District of California of this filing, by providing a Notice of Electronic Filing to usacae.ecf2241-imm@usdoj.gov. Signed by Visiting Judge Rebecca L Pennell on 4/20/2026 (Text Only Entry). (Deputy Clerk LLH) (Entered: 04/20/2026)
Apr 20, 2026
Minute Order
#6
Apr 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Walter Bocchini, GOVT for ICE,Walter Bocchini, GOVT for U.S. General Attorney, attorney Audrey Benison Hemesath, GOVT terminated (Bocchini, Walter) (Entered: 04/21/2026)
Main Document:
DESIGNATION
#7
Apr 22, 2026
Dismiss
Main Document:
Dismiss
#8
Apr 22, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#9
Apr 28, 2026
Order on Motion to Dismiss
#10
Apr 30, 2026
JUDGMENT dated *4/22/2026* pursuant to order signed by Visiting Judge Rebecca L Pennell on 4/30/2026 in favor of Petitioner against Respondent, Civil Case Terminated. CASE CLOSED. (Deputy Clerk LLH) (Entered: 04/30/2026)
Apr 30, 2026
Judgment AND ~Util - Terminate Civil Case
May 28, 2026
Service by Mail
#13
Jul 20, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
Jul 20, 2026
Service by Mail
Jul 23, 2026
~Util - Add and Terminate Attorneys
#14
Jul 24, 2026
Notice of Appearance
Main Document:
Notice of Appearance
Aug 11, 2026
Minute Order
Sep 02, 2026
Minute Order
#19
Sep 28, 2026
ORDER signed by Visiting Judge Rebecca L Pennell on 9/28/2026 GRANTING 13 Petitioner's Motion to Enforce Judgment. Within 14 days of the date of service of this order, unless Petitioner consents to a later date, Respondents SHALL provide Pet itioner with a new individualized bond hearing before an immigration judge that complies with the requirements set forth in Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011), and where "the government must prove by clear and convincing evidence tha t [Petitioner] is a flight risk or a danger to the community to justify denial of bond," id. at 1203. Respondents SHALL provide Petitioner with adequate prior notice of the bond hearing to permit Petitioner a meaningful opportunity to prepare an d present evidence. In the event Petitioner is "determined not to be a danger to the community and not to be so great a flight risk as to require detention withoutbond," the immigration judge should consider Petitioner's financial circ umstances and alternative conditions of release. Hernandez v. Sessions, 872 F.3d 976, 1000 (9th Cir. 2017). If Respondents fail to provide a timely bond hearing in accordance with this order, Respondents are ORDERED to immediately release Petitioner. The District Court Executive is DIRECTED to enter this order, provide copies to counsel, and CLOSE THE FILE. SO ORDERED. (Deputy Clerk MCF)
Parties
(HC) Moran
Party
U.S. General Attorney
Party