Eastern District of California • 1:26-cv-05165
(HC) Hernandez Garcia v. Kaiser
Active
Case Information
Filed: July 06, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 06, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Todd Blanche, Polly Kaiser, Markwayne Mullin, David Venturella by Oscar Antonio Hernandez Garcia. (Filing fee $ 5, receipt number ACAEDC-13544095) (Attachments: # 1 Exhibit U visa filed with USCIS, # 2 Exhibit Motion to Reopen - EOIR San Antonio, # 3 Exhibit I-246 Stay of Removal filed with ICE, # 4 Civil Cover Sheet)(Fatone, Andrea) (Entered: 07/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Oscar Antonio Hernandez Garcia. (Attachments: # 1 Proposed Order TRO Proposed Order, # 2 Civil Cover Sheet TRO Checklist, # 3 Proof of Service Proof of Service, # 4 Affidavit Notice and Irreparable Injury Declaration, # 5 Exhibit U visa filed with USCIS, # 6 Exhibit I-246 filed with ICE)(Fatone, Andrea) (Entered: 07/06/2026)
Main Document:
Temporary Restraining Order
#3
Jul 06, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk RMG) (Entered: 07/06/2026)
Main Document:
Immigration New Case Documents
#4
Jul 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews,Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Polly Kaiser,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for David Venturella (Rodriguez, Elisa) (Entered: 07/06/2026)
Main Document:
DESIGNATION
#5
Jul 06, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 7/06/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. Respondents shall file any opposition to the 2 motion for temporary restraining order by July 13, 2026. The response shall include all referenced/relevant portions of petitioner's A-File. Petitioner may file a reply by July 16, 2026. Respondents shall state their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction and whether they request a hearing on the 2 motion. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Deputy Clerk VMG) (Entered: 07/06/2026)
Jul 06, 2026
Minute Order
Parties
(HC) Hernandez Garcia
Party
Kaiser
Party