Eastern District of California • 1:26-cv-03561

(HC) Hernandez Ojeda v. U.S. General Attorney

Completed

Case Information

Filed: May 08, 2026
Assigned to: Araceli Martinez-Olguin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 27, 2026
Last Activity: May 27, 2026
Parties: View All Parties →

Docket Entries

#1
May 08, 2026
2241 PETITION for WRIT of HABEAS CORPUS against California City Detention Center, ICE, U.S. General Attorney by Gerardo Hernandez Ojeda. (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 11, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Gerardo Hernandez Ojeda signed by District Judge Araceli Martinez-Olguin on 5/11/2026. (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document: 05 - HC/Order Authorizing IFP
#3
May 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document: Immigration New Case Documents for MJ as Presider
#4
May 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for California City Detention Center,Audrey Benison Hemesath, GOVT for ICE,Audrey Benison Hemesath, GOVT for U.S. General Attorney (Hemesath, Audrey) (Entered: 05/11/2026)
Main Document: DESIGNATION
#5
May 11, 2026
ORDER re 1 Habeas Petition signed by District Judge Araceli Martinez-Olguin on 5/11/2026. Respondents to file a Response to the 1 Habeas Petition within 3 calendar days from the date of this order. Petitioner may file a reply within 9 calendar days from the date of this order. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending.The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender.(Thomas, Julia) (Entered: 05/11/2026)
Main Document: Order
May 11, 2026
Service by Mail
May 11, 2026
SERVICE BY MAIL: 5 Order served on Petitioner. (Thomas, Julia)
May 11, 2026
SERVICE BY MAIL: 2 Order Authorizing IFP Status, 3 Immigration New Case Documents served on Gerardo Hernandez Ojeda. (Deputy Clerk MR)
#6
May 12, 2026
OPPOSITION by Respondents California City Detention Center, ICE, U.S. General Attorney. (Attachments: # 1 Exhibit I-213, # 2 Exhibit rap sheet)(Hemesath, Audrey) (Entered: 05/12/2026)
Main Document: OPPOSITION
#7
May 18, 2026
MINUTE ORDER signed by District Judge Araceli Martinez-Olguin on 5/18/2026: Pursuant to the Order appointing counsel dated 5/11/2026 (ECF No. 5 ), the appointing authority for the Eastern District of California has confirmed that attorney Amy Gershenfeld Donnella is hereby appointed as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Amy Gershenfeld Donnella, Attorney at Law, 401 N. Curson Avenue, Apt. 3, Los Angeles, CA 90036, amyzoegd@gmail.com as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: Federal Defender Habeas Appointment) (Entered: 05/18/2026)
May 18, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#8
May 20, 2026
Notice of Appearance
Main Document: Notice of Appearance
#9
May 20, 2026
REPLY by Gerardo Hernandez Ojeda re 6 Opposition. (Attachments: # 1 Exhibit Dade County Criminal Docket Sheet Showing Acquittal of Misdemeanor)(Donnella, Amy) (Entered: 05/20/2026)
Main Document: REPLY
#10
May 26, 2026
Order
Main Document: Order
#11
May 27, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document: Judgment AND ~Util - Terminate Civil Case

Parties

(HC) Hernandez Ojeda
Party
U.S. General Attorney
Party