Eastern District of California • 1:26-cv-04951

#1

Jun 26, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Fernando Raidel Garcia Hernandez. (Filing fee $ 5, receipt number ACAEDC-13512273) (Attachments: # 1 Civil Cover Sheet)(Martinez, Patrick) (Entered: 06/26/2026)

#2

Jun 26, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Fernando Raidel Garcia Hernandez. (Attachments: # 1 Points and Authorities, # 2 Proposed Order, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Checklist)(Martinez, Patrick) (Entered: 06/26/2026)

#3

Jun 29, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 06/29/2026)

#4

Jun 29, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Sergio Albarran,Camilo Rodriguez, GOVT for Todd Blanche,Camilo Rodriguez, GOVT for DHS,Camilo Rodriguez, GOVT for Executive Office for Immigration Review,Camilo Rodriguez, GOVT for ICE,Camilo Rodriguez, GOVT for Markwayne Mullin,Camilo Rodriguez, GOVT for Ron Murray,Camilo Rodriguez, GOVT for U.S. Citizenship and Immigration Services,Camilo Rodriguez, GOVT for David J. Venturella (Rodriguez, Camilo) (Entered: 06/29/2026)

#5

Jun 29, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 29, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025); Brayan C. C. v. Warden of California City Corr. Ctr., No. 2:26-CV-00641-TLN-JDP, 2026 WL 710358, at *2-3 (E.D. Cal. Mar. 13, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Fernando Raidel G.H. (A # 249-081-140) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents shall file a notice of compliance with this Order by July 2, 2026. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by July 6, 2026. Petitioner may file a reply by July 13, 2026. The parties shall indicate whether they request a hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court is directed to serve Mesa Verde Detention Facility with a copy of this Order. SO ORDERED. (TEXT ONLY ENTRY) (cc: Mesa Verde) (Deputy Clerk MDK) (Entered: 06/29/2026)

#6

Jun 29, 2026

CERTIFICATE / PROOF of SERVICE by Fernando Raidel Garcia Hernandez. (Martinez, Patrick) (Entered: 06/29/2026)

Jun 29, 2026

Minute Order AND Order on Motion for TRO

#7

Jul 02, 2026

Notice of Compliance