Central District of California • 5:26-cv-03359

Ernesto Diaz Hernandez v. Warden

Active

Case Information

Filed: June 17, 2026
Assigned to: Pedro V. Castillo
Referred to: Pedro V. Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: October 07, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 17, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Mark C. Scarsi and referred to Magistrate Judge Pedro V. Castillo. (Filing fee $ 5. FEE PAID), filed by Petitioner Ernesto Diaz Hernandez. (mza) (Entered: 07/01/2026)
Main Document: Petition for Writ of Habeas Corpus (2241)
#2
Jun 17, 2026
ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Ernesto Diaz Hernandez. The Petitioner does not consent. (mza) (Entered: 07/01/2026)
Main Document: Consent to Proceed before US Magistrate - DECLINED by Party
#3
Jun 17, 2026
MEMORANDUM of Law in Support of the Petition for a Writ of Habeas Corpus filed by Petitioner Ernesto Diaz Hernandez. Re: Petition for Writ of Habeas Corpus (2241), 1 (mza) (Entered: 07/01/2026)
Main Document: Memorandum of Points and Authorities in Support
#4
Jul 01, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Mark C. Scarsi and referred to Magistrate Judge Pedro V. Castillo, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (mza) (Entered: 07/01/2026)
Main Document: Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#5
Jul 01, 2026
Notice of General Order 26-05 and Briefing Schedule. (mza) (Entered: 07/01/2026)
Main Document: Notice (Scheduling Order 2241) - optional html form
#6
Jul 01, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (mza) (Entered: 07/01/2026)
Main Document: Notice of Resources for ProSe Litigants (CV-134) - optional html form
#7
Jul 08, 2026
RETURN to Petition for Writ of Habeas Corpus (2241), 1 filed by Respondent Warden. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Attorney Nathan Paul Dehnert added to party Warden(pty:res))(Dehnert, Nathan) (Entered: 07/08/2026)
Main Document: Return to Habeas Petition (2241)
#8
Jul 09, 2026
CERTIFICATE OF SERVICE filed by Respondent Warden, re Return to Habeas Petition (2241) 7 served on 7/9/2026. (Dehnert, Nathan) (Entered: 07/09/2026)
Main Document: Proof of Service (subsequent documents)
#9
Jul 20, 2026
TRAVERSE filed by Petitioner Ernesto Diaz Hernandez. (mrv) (Entered: 07/22/2026)
Main Document: Traverse
#10
Aug 03, 2026
NOTICE OF FILING OF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION by Magistrate Judge Pedro V. Castillo. Objections to R&R due by 8/17/2026. (SEE DOCUMENT FOR FURTHER DETAILS). (Attachments: # 1 R&R) (mrv) (Entered: 08/03/2026)
Main Document: Notice of Report and Recommendation
#11
Aug 03, 2026
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Pedro V. Castillo. Re Petition for Writ of Habeas Corpus (2241), 1 . (SEE DOCUMENT FOR DETAILS). (mrv) (Entered: 08/03/2026)
Main Document: Report and Recommendation (Issued)
#12
Aug 14, 2026
PETITIONER'S NOTICE OF NON-COMPLIANT BOND HEARING AND EMERGENCY MOTION FOR IMMEDIATE RELEASE UNDER 28 U.S.C. § 2241 filed by Petitioner Ernesto Diaz Hernandez. (mrv) Modified on 8/17/2026 (lc). Modified on 8/17/2026 (lc). (Entered: 08/14/2026)
Main Document: Notice (Other)
#13
Aug 17, 2026
MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: PETITIONER Ernesto DiazHernandez's (A# 029-595-310)EMERGENCY MOTION FOR IMMEDIATE RELEASE 12 .The motion fails to comply with the rules governing ex parte practice.Movant requests that the Court order Petitioners immediate release. (Mot. 3.)However, the Court concludes that a second bond hearing with adequate advancenotice is a more appropriate remedy for the procedural due process violationPetitioner suffered. The Court also declines to address the other objections to thebond hearing Movant raises. Providing Petitioner with adequate notice of his secondbond hearing will allow him a meaningful opportunity to gather evidence he wishesto present, which may render moot some or all of the other issues Movant raises.Moreover, to the extent Movant disagrees with the merits of the immigration judgesdecision concerning bond, such a challenge would fall outside of the Courtsauthority. The motion is granted in part and denied in part. The Court orders thatRespondents shall provide Petitioner Ernesto Diaz Hernandez (A# 029-595-310) anindividualized bond hearing before an immigration judge within 10 days of entry ofthis Order. Respondents shall provide Petitioner a minimum of 48 hours notice ofthe date, time, and place of the bond hearing. (lc) (Entered: 08/17/2026)
Main Document: For Order
#14
Sep 02, 2026
PETITIONER'S EX PARTE EMERGENCY MOTION FOR ENFORCEMENT OF COURT ORDER (DOC. 13) AND MOTION FOR IMMEDIATE RELEASE filed by Petitioner Ernesto Diaz Hernandez. (mrv) Modified on 9/2/2026 (mrv). (Entered: 09/02/2026)
Main Document: Order
#15
Sep 02, 2026
TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. Movant Daleyns Diaz moves for an order releasing Petitioner Ernesto Diaz Hernandez from immigration custody given Respondent Warden of the Adelanto ICE Processing Center's alleged failure to comply with the Court's order requiring Respondent to provide Petitioner a bond hearing with a minimum of 48 hours' notice. (ECF No. 14 .) Respondent shall file a response to the motion by September 8, 2026. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) (Entered: 09/02/2026)
Sep 02, 2026
Generic Text Only Entry
#16
Sep 08, 2026
OPPOSITION to NOTICE OF MOTION AND MOTION for Order 14 filed by Respondent Warden. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dehnert, Nathan) (Entered: 09/08/2026)
Main Document: Response in Opposition to Motion
#17
Sep 09, 2026
CERTIFICATE OF SERVICE filed by Respondent Warden, re Response in Opposition to Motion 16 served on 9/9/26. (Dehnert, Nathan) (Entered: 09/09/2026)
Main Document: Proof of Service (subsequent documents)
#18
Sep 11, 2026
MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: Exp ARTE EMERGENCY MOTION FOR ENFORCEMENT OF COURT ORDER 14 . In response to Movant Dalenys Diaz's submission on behalf of her father, Petitioner Ernesto Diaz Hernandez (A No. 029-595-310), a self-represented noncitizen detainee who seeks a writ of habeas corpus, the Court ordered Respondent Warden of the Adelanto Immigration and Customs Enforcement Processing Center to provide Petitioner "an individualized bond hearing before an immigration judge" with "a minimum of 48 hours' notice of the date, time, and place of the bond hearing." In a subsequent submission, Movant asserts that Respondent failed to comply with the order by providing insufficient advance notice of a bond hearing that occurred on August 27, 2026. She seeks an order requiring Petitioner's "immediate release from immigration custody under reasonable supervisory conditions." Respondent opposes the motion. The Court deems the matter appropriate for decision without oral argument. The motion is denied. The factual record has developed significantly since U.S. Magistrate Judge Pedro V. Castillo submitted a report and recommendation on the merits of the petition. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure 72(b)(3), the Court recommits the matter to Judge Castillo for further proceedings. (SEE DOCUMENT FOR ALL SPECIFICS AS DISCUSSED HEREIN). (lc) (Entered: 09/11/2026)
Main Document: For Order
#19
Sep 11, 2026
REPLY IN SUPPORT OF PETITIONER'S MOTION TO ENFORCE (ECF NO. 14) AND FOR IMMEDIATE RELEASE filed by Petitioner Ernesto Diaz Hernandez (Attachments: # 1 Proposed Order)(mrv) (Entered: 09/14/2026)
Main Document: Reply
#20
Sep 11, 2026
DECLARATION OF DALENYS DIAZ IN SUPPORT OF NEXT FRIEND STATUS AND OF PETITIONER'S MOTION TO ENFORCE (ECF NO. 14) filed by Petitioner Ernesto Diaz Hernandez. (mrv) (Entered: 09/14/2026)
Main Document: Declaration
#21
Sep 11, 2026
PROOF OF SERVICE filed by Petitioner Ernesto Diaz Hernandez, served on 9/11/26. (mrv) (Entered: 09/14/2026)
Main Document: Proof of Service (subsequent documents)
#22
Sep 15, 2026
Notice Notice of Intended Removal filed by Respondent Warden. (Dehnert, Nathan) (Entered: 09/15/2026)
Main Document: Notice (Other)
#23
Sep 16, 2026
CERTIFICATE OF SERVICE filed by Respondent Warden, re Notice (Other) 22 served on 9/16/26. (Dehnert, Nathan) (Entered: 09/16/2026)
Main Document: Proof of Service (subsequent documents)
#24
Sep 16, 2026
EMERGENCY APPLICATION TO PRESERVE JURISDICTION AND TO STAY REMOVAL TO A THIRD COUNTRY filed by Petitioner Ernesto Diaz Hernandez. (Attachments: # 1 Proposed Order) (mrv) (Entered: 09/16/2026)
Main Document: Order
#25
Sep 16, 2026
DECLARATION OF DALENYS DIAZ filed by Petitioner Ernesto Diaz Hernandez. (mrv) (Entered: 09/16/2026)
Main Document: Declaration
#26
Sep 16, 2026
DECLARATION REGARDING NOTICE TO OPPOSING COUNSEL PURSUANT TO L.R. 7-19 AND L.R. 7-19.1 filed by Petitioner Ernesto Diaz Hernandez. (mrv) (Entered: 09/16/2026)
Main Document: Declaration
#27
Sep 16, 2026
PROOF OF SERVICE filed by Petitioner Ernesto Diaz Hernandez, served on 9/16/26. (mrv) (Entered: 09/16/2026)
Main Document: Proof of Service (subsequent documents)
#28
Sep 17, 2026
MINUTE (IN CHAMBERS) ORDER STAYING REMOVAL AND REQUIRING FURTHER BRIEFING OF MOVANT'S EMERGENCY APPLICATION TO PRESERVE JURISDICTION AND TO STAY REMOVAL TO A THIRD COUNTRY (ECF No. 24 ) by Judge Mark C. Scarsi. The Court orders further briefing on the application. Respondent shall file a response to the application by September 22, 2026. Petitioner may file a reply in support of his application by September 29, 2026. The Court sets the application for hearing on October 5, 2026, at 9:00 a.m. For the reasons presented in the application, the Court issues a temporary restraining order as follows: Respondent shall not remove Petitioner from the territorial jurisdiction of the Central District of California until the Court resolves the application. (SEE DOCUMENT FOR FURTHER DETAILS) (chk) (Entered: 09/17/2026)
Main Document: Temporary Restraining Order AND ~Util - Set/Reset Motion Hearing and R&R Deadlines
#29
Sep 21, 2026
Notice RE: APPOINTMENT OF COUNSEL filed by Petitioner Ernesto Diaz Hernandez. (Attachments: # 1 Proposed Order)(Almazan, Pablo) Modified on 9/22/2026 (mr). (Entered: 09/21/2026)
Main Document: Notice (Other)
#35
Sep 21, 2026
DECLARATION OF ERNESTO DIAZ HERNANDEZ IN SUPPORT OF MOTION TO ENFORCE (ECF N0.14) filed by Petitioner Ernesto Diaz Hernandez. (mrv) (Entered: 09/24/2026)
Main Document: Declaration
#36
Sep 21, 2026
DECLARATION OF ERNESTO DIAZ HERNANDEZ AUTHORIZING DALENYS DIAZ TO ACT AS NEXT FRIEND filed by Petitioner Ernesto Diaz Hernandez. (mrv) (Entered: 09/24/2026)
Main Document: Declaration
#30
Sep 22, 2026
Order Appointing Counsel by Magistrate Judge Pedro V. Castillo: granting 29 Notice RE: APPOINTMENT OF COUNSEL. (SEE DOCUMENT FOR DETAILS). (mrv) (Entered: 09/22/2026)
Main Document: For Order
#31
Sep 22, 2026
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 United States Code Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Ernesto Diaz Hernandez. (Tinto, E. Katharine) (Entered: 09/22/2026)
Main Document: Consent to Proceed before U S Magistrate Judge (non-AUSA)
#32
Sep 22, 2026
The assigned District Judge approves the parties' consent to a Magistrate Judge. Accordingly, the case will be reassigned. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) TEXT ONLY ENTRY (Entered: 09/22/2026)
#33
Sep 22, 2026
This action has been fully consented to according to General Order 26-05 and the District Judge has approved the parties' consent. This case is now reassigned to Magistrate Judge Pedro V. Castillo for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aco) TEXT ONLY ENTRY (Entered: 09/22/2026)
#34
Sep 22, 2026
OPPOSITION to APPLICATION for Order 24 filed by Respondent Warden. (Dehnert, Nathan) (Entered: 09/22/2026)
Main Document: Response in Opposition to Motion
Sep 22, 2026
Immigration 2241 Full Consent
Sep 22, 2026
District Judge Response to Immigration 2241 Consent
#37
Sep 28, 2026
REPLY in support APPLICATION for Order 24 to Preserve Jurisdiction and to Stay Removal to Third Country filed by Petitioner Ernesto Diaz Hernandez. (Attachments: # 1 Exhibit 1. DHS Policy re Third Country Removal)(Tinto, E. Katharine) (Entered: 09/28/2026)
Main Document: Reply (Motion related)
#38
Sep 29, 2026
Joint STIPULATION to Amend (TERMED)Petition for Writ of Habeas Corpus (2241), 1 filed by Petitioner Ernesto Diaz Hernandez.(Tinto, E. Katharine) (Entered: 09/29/2026)
Main Document: Amend/Correct
#39
Sep 29, 2026
First AMENDED PETITION against Respondents Ernesto Diaz Hernandez amending (TERMED)Petition for Writ of Habeas Corpus (2241), 1, filed by Petitioner Ernesto Diaz Hernandez (Attachments: # 1 Declaration 1. Decl. of Ernesto Diaz Hernandez, # 2 Exhibit 2. Notice of Revocation, # 3 Exhibit 3. LA DA's Office Letter, # 4 Exhibit 4. DHS Policy Re Third Country Removal)(Tinto, E. Katharine) (Entered: 09/29/2026)
Main Document: Amended Complaint/Petition
#40
Sep 29, 2026
Financial Affidavit of Petitioner filed by Petitioner Ernesto Diaz Hernandez (Tinto, E. Katharine) (Entered: 09/29/2026)
Main Document: Miscellaneous Document
#41
Sep 30, 2026
ORDER by Magistrate Judge Pedro V. Castillo. As this case is now fully consented to the undersigned United States Magistrate Judge, the hearing on Petitioner's Emergency Application to Preserve Jurisdiction and Stay Removal (Dkt. No. 24 ), is set for an in person hearing before the Hon. Pedro V. Castillo, on October 5, 2026 at 10 am, in Courtroom 880 of the Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) (Entered: 09/30/2026)
Sep 30, 2026
Order AND ~Util - Set/Reset Deadlines/Hearings
#42
Oct 02, 2026
Notice of third country screening notice filed by Respondents Todd Blanche, Department of Homeland Security, Executive Office of Immigration Review, Thomas Giles, Immigration and Customs Enforcement, Markwayne Mullin, David Venturella, Warden. (Attachments: # 1 Exhibit A)(Dehnert, Nathan) (Entered: 10/02/2026)
Main Document: Notice (Other)
#43
Oct 07, 2026
For Order AND Motion Hearing
Main Document: For Order AND Motion Hearing

Parties

Ernesto Diaz Hernandez
Party
Warden
Party