Southern District of California • 3:25-cv-03167

Cortes Hernandez v. Noem

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Case Information

Filed: November 14, 2025
Assigned to: Jinsook Ohta
Referred to: Michelle M. Pettit
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: November 19, 2025
Parties: View All Parties →

Docket Entries

#1
Nov 14, 2025
Petition for Writ of Habeas Corpus against Gregory J. Archambeault, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration and Customs Enforcement, Christopher J. LaRose, Todd Lyons, Kristi Noem ( Filing fee $ 5 receipt number ACASDC-20488707.), filed by Juan Carlos Cortes Hernandez. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:25-cv-3167-JO-MMP. Judge Jinsook Ohta and Magistrate Judge Michelle M. Pettit are assigned to the case. (Robinson, Emily)(ggv) (Entered: 11/17/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Nov 14, 2025
MOTION for Temporary Restraining Order by Juan Carlos Cortes Hernandez. (Attachments: # 1 Exhibit Declaration of Attorney and Exhibits, # 2 Memo of Points and Authorities Memo of P&A TRO)(ggv) (Entered: 11/17/2025)
Main Document: Temporary Restraining Order
#3
Nov 17, 2025
Minute Order by Judge Jinsook Ohta: Petitioner Juan Carlos Cortes Hernandez filed a habeas petition and a motion for temporary restraining order requesting injunctive and declaratory relief. Dkts. 1, 2. Under the All Writs Act ("AWA"), 28 U.S.C. § 1651(a), federal courts are authorized to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." A court may issue relief under AWA to "preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agencys action through the prescribed statutory channel." See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966); Al Otro Lado v. Wolf, 952 F.3d 999, n.6 (9th Cir. 2020). Here, Petitioner states that he is currently detained and has been informed by Immigration and Customs Enforcement ("ICE") on November 14, 2025 that they were close to arranging his removal to a third country. Dkt. 1 P. 6. He claims he is therefore subject to immediate removal without due process under ICE's July 9, 2025 memorandum regarding third-country removals. Dkt. 1 P. 13, 14. Given the high likelihood of further transfer, the Court finds that temporarily enjoining transfer is necessary to preserve its jurisdiction and maintain the status quo pending review.Accordingly, the Court hereby:(1) RESTRAINS and ENJOINS Respondents, their agents, employees, successors, attorneys, and all persons acting in concert with them, from removing Petitioner Juan Carlos Cortes Hernandez from the United States or this District pending further order of the Court under AWA, 28 U.S.C. § 1651(a);(2) ORDERS Petitioner to serve Respondents with the habeas petition/complaint and this Order as soon as practicable, but no later than 5:00 p.m. on Tuesday, November 18, 2025, and to file proofs of service. Petitioner must also serve the U.S. Attorney's Office for the Southern District of California by a method prescribed in Rule 4(i)(1)(A) no later than 5:00 p.m. on the same date, and file proof of service;(3) ORDERS Respondents to respond as soon as practicable, but no later than 1:00 p.m. on November 20, 2025; and(4) ORDERS counsel for Petitioner and Respondents to appear on Monday, November 24, 2025 at 12:00 p.m. in Courtroom 4C before Judge Jinsook Ohta for oral argument. At that hearing, the Court will determine whether to vacate this Order or extend it pending further proceedings. Signed by Judge Jinsook Ohta on 11/17/2025. (mk) (Entered: 11/17/2025)
#4
Nov 17, 2025
NOTICE of Appearance by Alyssa Sanderson on behalf of Gregory J. Archambeault, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration and Customs Enforcement, Christopher J. LaRose, Todd Lyons (Sanderson, Alyssa)Attorney Alyssa Sanderson added to party Gregory J. Archambeault(pty:res), Attorney Alyssa Sanderson added to party Pamela Bondi (pty:res), Attorney Alyssa Sanderson added to party Department of Homeland Security(pty:res), Attorney Alyssa Sanderson added to party Executive Office for Immigration Review(pty:res), Attorney Alyssa Sanderson added to party Immigration and Customs Enforcement(pty:res), Attorney Alyssa Sanderson added to party Christopher J. LaRose(pty:res), Attorney Alyssa Sanderson added to party Todd Lyons(pty:res) (Entered: 11/17/2025)
Main Document: Notice of Appearance
Nov 17, 2025
Minute Order (No Time)
#5
Nov 19, 2025
Notice of Appearance
Main Document: Notice of Appearance

Parties

Cortes Hernandez
Party
Noem
Party