Eastern District of California • 1:26-cv-03244

(HC) Rivas Hernandez v. Johnson

Active

Case Information

Filed: April 28, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 29, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 28, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden California City Correctional Center, Tae D. Johnson by Diego Rivas Hernandez. (Deputy Clerk MR) (Entered: 04/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Diego Rivas Hernandez. (Deputy Clerk MR) (Entered: 04/29/2026)
Main Document: Temporary Restraining Order
#3
Apr 28, 2026
MOTION To Expedite by Diego Rivas Hernandez. (Deputy Clerk MR) (Entered: 04/29/2026)
Main Document: Miscellaneous Relief
Apr 28, 2026
RECEIPT number 100008021 for $5.00 for Diego Rivas Hernandez from Diego Rivas Hernandez. (Deputy Clerk MR)
#4
Apr 29, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 04/29/2026)
Main Document: Immigration New Case Documents
#5
Apr 29, 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: 04/29/2026)
Main Document: CONSENT/DECLINE
#6
Apr 29, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 221-489-497) asserts that he has been detained since January 18, 2026 (Doc. 2 at 1), more than 3 months ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on April 29, 2026. (Deputy Clerk IM) (Entered: 04/29/2026)
Apr 29, 2026
SERVICE BY MAIL: 6 Minute Order on Motion for TRO served on Diego Rivas Hernandez. (Deputy Clerk IM)
Apr 29, 2026
Service by Mail
Apr 29, 2026
Order on Motion for TRO
Apr 29, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Diego Rivas Hernandez. (Deputy Clerk MR)

Parties

(HC) Rivas Hernandez
Party
Johnson
Party