Eastern District of California • 1:26-cv-04704
(HC) Serrano Hernandez v. Warden, California City Detention Center
Completed
Case Information
Filed: June 18, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 29, 2026
Last Activity:
June 29, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 18, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Jose Alfredo Serrano Hernandez. (Deputy Clerk AKP) (Entered: 06/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 18, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jose Alfredo Serrano Hernandez. (Deputy Clerk AKP) (Entered: 06/23/2026)
Main Document:
In Forma Pauperis
#3
Jun 23, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/23/2026)
Main Document:
Immigration New Case Documents
#4
Jun 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Detention Center (Andrews, Anthony) (Entered: 06/23/2026)
Main Document:
DESIGNATION
Jun 23, 2026
Service by Mail
Jun 23, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Jose Alfredo Serrano Hernandez. (Deputy Clerk AKP)
#5
Jun 25, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 6/25/2026: In light of petitioner's request for issuance of a temporary restraining order in his 1 petition for writ of habeas corpus, the court construes the 1 petition as containing a motion for temporary restraining order. Pending the issuance of the court's order resolving the pending 1 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 1 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondent shall promptly enter Notices of Appearance if they have not already done so. Respondent shall file a written opposition to the pending 1 motion for temporary restraining order by 5:00 PM on Friday, 6/26/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondent opposes this court ruling on the underlying petition, then respondent is DIRECTED to indicate so and provide substantive reasons in support thereof in its opposition. (Deputy Clerk PAB) (Entered: 06/25/2026)
#6
Jun 25, 2026
RESPONSE by Warden, California City Detention Center to 1 Petition for Writ of Habeas Corpus, 5 Minute Order,,,,,,,,,,,,,,. (Andrews, Anthony) (Entered: 06/25/2026)
Main Document:
RESPONSE
Jun 25, 2026
Minute Order
Jun 25, 2026
SERVICE BY MAIL: 5 Minute Order served on Jose Alfredo Serrano Hernandez. (Deputy Clerk PAB)
Jun 25, 2026
Service by Mail
#7
Jun 29, 2026
ORDER signed by District Judge Dale A. Drozd on 06/27/26 GRANTING 1 Petition for Writ of Habeas Corpus. Respondent is ORDERED to immediately release petitioner Jose Alfredo Serrano Hernandez, A-File No. 094-325-293, from respondent's custody on the conditions, if any, he was subject to prior to his detention 04/20/26. Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances. Petitioner's 2 Motion to Proceed IFP is GRANTED. CASE CLOSED. (cc Cal City) (Deputy Clerk VLC) (Entered: 06/29/2026)
#8
Jun 29, 2026
JUDGMENT dated *06/29/26* pursuant to order signed by District Judge Dale A. Drozd on 06/27/26 in favor of Petitioner. (Deputy Clerk VLC) (Entered: 06/29/2026)
Main Document:
Judgment
Jun 29, 2026
SERVICE BY MAIL: 8 Judgment and 7 Order served on Jose Alfredo Serrano Hernandez. (Deputy Clerk VLC)
Jun 29, 2026
Service by Mail
Parties
(HC) Serrano Hernandez
Party
Warden, California City Detention Center
Party