Eastern District of California • 1:26-cv-02956
(HC) Fernandez v. Warden, California City Detention Center
Active
Case Information
Filed: April 20, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 20, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Ivan Calma Fernandez. (Deputy Clerk VLK) (Entered: 04/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ivan Calma Fernandez. (Deputy Clerk VLK) (Entered: 04/20/2026)
Main Document:
Temporary Restraining Order
#3
Apr 20, 2026
MOTION to APPOINT COUNSEL by Ivan Calma Fernandez. (Deputy Clerk VLK) (Entered: 04/20/2026)
Main Document:
Appoint Counsel
#4
Apr 20, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 04/20/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Apr 20, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Ivan Calma Fernandez. (Deputy Clerk VLK)
Apr 20, 2026
Service by Mail
#5
Apr 21, 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: 04/21/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 21, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/21/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The 1 petition appears to challenge petitioner's re-detention and raise legal issues that this Court has previously addressed. See e.g., Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 (E.D. Cal. Jan. 12, 2026); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before April 23, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Elmer Joel M. C. v. Wofford, Clene C.D. v. Robbins, W.V.S.M. v. Wofford, Bilal A. v. Wofford, and Marina V.N. v. Robbins and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, 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, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (gm) (Entered: 04/21/2026)
Apr 21, 2026
Minute Order
#7
Apr 22, 2026
OPPOSITION by Respondent Warden, California City Detention Center. (Attachments: # 1 Exhibit I-213, # 2 Exhibit rap sheet)(Hemesath, Audrey) (Entered: 04/22/2026)
Main Document:
OPPOSITION
Apr 22, 2026
SERVICE BY MAIL: 6 Minute Order, served on Ivan Calma Fernandez. (Deputy Clerk VMG)
Apr 22, 2026
Service by Mail
#8
Apr 24, 2026
Order on Motion for TRO AND Order on Motion to Appoint Counsel
Main Document:
Order on Motion for TRO AND Order on Motion to Appoint Counsel
May 04, 2026
Service by Mail
Parties
(HC) Fernandez
Party
Warden, California City Detention Center
Party