Eastern District of California • 1:26-cv-03741

(HC) Hernandez Rodriguez v. Warden

Active

Case Information

Filed: May 15, 2026
Assigned to: Daniel J. Calabretta
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 07, 2026
Parties: View All Parties →

Docket Entries

#1
May 15, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Lazaro Hernandez Rodriguez. (Deputy Clerk OML) (Entered: 05/18/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Lazaro Hernandez Rodriguez. (Deputy Clerk OML) (Entered: 05/18/2026)
Main Document: Temporary Restraining Order
#3
May 15, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Lazaro Hernandez Rodriguez. (Deputy Clerk OML) (Entered: 05/18/2026)
Main Document: In Forma Pauperis
#4
May 18, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk OML) (Entered: 05/18/2026)
Main Document: Immigration New Case Documents
#5
May 18, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/18/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. 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-03118-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 May 22, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 05/18/2026)
#6
May 18, 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: 05/18/2026)
Main Document: CONSENT/DECLINE
May 18, 2026
SERVICE BY MAIL: 5 Minute Order served on Lazaro Hernandez Rodriguez. (Deputy Clerk GJM)
May 18, 2026
Service by Mail
May 18, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Lazaro Hernandez Rodriguez. (Deputy Clerk OML)
May 18, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
May 22, 2026
Extension of Time AND Extension of Time to File Answer
Main Document: Extension of Time AND Extension of Time to File Answer
#8
May 22, 2026
Order AND Order on Motion for Extension of Time AND Order on Motion for Extension of Time to File Answer AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND Order on Motion for Extension of Time AND Order on Motion for Extension of Time to File Answer AND ~Util - 1 Set/Reset Deadlines and Hearings
May 22, 2026
Service by Mail
May 22, 2026
SERVICE BY MAIL: 8 Order served on Lazaro Hernandez Rodriguez. (Deputy Clerk GJM)
#9
May 27, 2026
Notice of Change of Address
Main Document: Notice of Change of Address
#10
May 27, 2026
Opposition to Motion
Main Document: Opposition to Motion
#11
May 29, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/29/2026: On May 15, 2026, Petitioner filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) and a Motion for Temporary Restraining Order (ECF No. 2 ). Based on the information in the Petition and Motion, the Court ordered Respondents to file an Opposition. (ECF No. 5 .) In light of the information in the Opposition, the Court cannot presently find that Petitioner has a likelihood of success on the merits, as he may be subject to mandatory detention under 8 U.S.C. § 1226(c). (See ECF No. 10 .) Accordingly, Petitioner's Motion for Temporary Restraining Order (ECF No. 2 ) is DENIED. However, the Court believes this case would benefit from the appointment of counsel. Within seven (7) 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 gmichel@caed.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 Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. This matter is REFERRED to the assigned Magistrate Judge for full briefing. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. [TEXT ONLY ENTRY] (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 05/29/2026)
May 29, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
May 29, 2026
Service by Mail
May 29, 2026
SERVICE BY MAIL: 11 Minute Order served on Lazaro Hernandez Rodriguez. (Deputy Clerk GJM)
#12
Jun 05, 2026
Appoint Counsel
Main Document: Appoint Counsel
#13
Jun 05, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/5/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 11. Attorney Toni White is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Toni LaShay White, Law Office of Toni White, P.O. Box 1081, El Dorado, CA 95623, toniwhite6311@gmail.com as counsel for Petitioner in this matter, nunc pro tunc to 6/5/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 06/05/2026)
Jun 05, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#14
Jun 08, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/8/2026: Petitioner (A No. 234 452 713) is GRANTED 14 (fourteen) days within which to file an Amended Petition for Writ of Habeas Corpus and / or a Motion for Preliminary Injunctive Relief / Temporary Restraining Order. (Text Only Entry) (Deputy Clerk LMK) (Entered: 06/08/2026)
Jun 08, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
Jun 22, 2026
Request
Main Document: Request
#16
Jun 23, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/23/2026: Petitioner's 3 Motion to Proceed In Forma Pauperis is GRANTED. Petitioner's 15 Request for an Extension of Time is GRANTED. Petitioner is granted until 7/6/2026, to file an Amended Petition for a Writ of Habeas Corpus and / or and Motion for Temporary Restraining Order. Petitioner A No. 234 452 713. (Text Only Entry) (Deputy Clerk JRM) (Entered: 06/23/2026)
Jun 23, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis AND Order on Request AND ~Util - 1 Set/Reset Deadlines and Hearings
#17
Jul 06, 2026
Amended Petition for Writ of Habeas Corpus
Main Document: Amended Petition for Writ of Habeas Corpus
Jul 07, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Parties

(HC) Hernandez Rodriguez
Party
Warden
Party