Eastern District of California • 1:26-cv-05579
(HC) Hernandez Ancelmo v. Kaiser
Active
Case Information
Filed: July 18, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 20, 2026
Parties:
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Docket Entries
#1
Jul 18, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Lidia Hernandez Ancelmo. (Filing fee $ 5, receipt number ACAEDC-13605194) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Getabicha, Mihret) (Entered: 07/18/2026)
Main Document:
PETITION
#2
Jul 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 07/20/2026)
Main Document:
Immigration New Case Documents
#3
Jul 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis for Respondents. (Davis, Sean) (Entered: 07/20/2026)
Main Document:
DESIGNATION
#4
Jul 20, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/20/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. Respondents are ORDERED TO SHOW CAUSE on or before July 23, 2026, as to why the Court should not grant a writ of habeas corpus by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents should identify any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before July 24, 2026. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 07/20/2026)
Jul 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#5
Jul 22, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#6
Jul 22, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/22/2026: In light of the information in Petitioner's Motion for Temporary Restraining Order (ECF No. 5 ), Respondents' potential removal of Petitioner is ADMINISTRATIVELY STAYED pending resolution of Petitioner's motion. Respondents are ORDERED to file a response on or before July 23, 2026, at 3:00 P.M. The hearing on Petitioner's 5 Motion, set for July 23, 2026, is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set, and the parties will be notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/22/2026)
Jul 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Jul 23, 2026
RESPONSE by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Polly Kaiser, Markwayne Mullin to 5 Motion for Temporary Restraining Order, 6 Minute Order,,, Set/Reset Deadlines and Hearings,, 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit 213, # 2 Exhibit Removal order, # 3 Exhibit Habeas denial, # 4 Exhibit BIA rejection)(Davis, Sean) (Entered: 07/23/2026)
Main Document:
RESPONSE
#8
Jul 23, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/23/2026: In light of the information in the Response, Petitioner is ORDERED to file a Reply on or before July 24, 2026, at 3:00 P.M. While no hearing is presently scheduled in this matter, the Court may later set one if it determines it is warranted. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/23/2026)
Jul 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#9
Jul 24, 2026
Application for Pro Hac Vice and Proposed Order
Main Document:
Application for Pro Hac Vice and Proposed Order
#10
Jul 24, 2026
Reply to Response to Motion
Main Document:
Reply to Response to Motion
#11
Jul 24, 2026
[DISREGARD - see ECF No. 12] MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/24/2026: On July 22, 2026, the Court issued an administrative stay of Petitioner's removal pending resolution of the newly filed Temporary Restraining Order. (ECF No. 6 .) The following day, Respondents informed the Court that ICE ERO had removed Petitioner to Mexico that morning despite the Court's order staying his removal and Counsel sending ICE ERO a copy of the Court's order. (ECF No. 7 at 1-2.) Respondents state that they are presently "working on coordinating Petitioner's return." (Id.) Given the Court's prior order staying Petitioner's removal, Respondents are ORDERED to facilitate Petitioner's return to the United States on or before August 7, 2026. Respondents shall file a status report on July 28, 2026, describing Respondents' efforts to effectuate Petitioner's return. In light of the arguments raised in the Reply as to the 15-day cure period (See ECF No. 10), Respondents are further ORDERED to file a Sur-reply on or before July 31, 2026. [TEXT ONLY ENTRY] (Deputy Clerk GJM) Modified on 7/25/2026 (GJM). (Entered: 07/24/2026)
Jul 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Jul 25, 2026
AMENDED MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/25/2026: On July 22, 2026, the Court issued an administrative stay of Petitioner's removal pending resolution of the newly filed Temporary Restraining Order. (ECF No. 6 .) The following day, Respondents informed the Court that ICE ERO had removed Petitioner to Mexico that morning despite the Court's order staying his removal and Counsel sending ICE ERO a copy of the Court's order. (ECF No. 7 at 1 -2.) Respondents state that they are presently "working on coordinating Petitioner's return." (Id.) Given the Court's prior order staying Petitioner's removal, Respondents are ORDERED to facilitate Petitioner's return to the United States on or before July 31, 2026. Respondents shall file a status report on July 28, 2026, describing Respondents' efforts to effectuate Petitioner's return. In light of the arguments raised in the Reply as to the 15-day cure period (See ECF No. 10 ), Respondents are further ORDERED to file a Sur-reply on or before July 31, 2026. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/25/2026)
Jul 25, 2026
Minute Order
#13
Jul 28, 2026
STATUS REPORT by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Polly Kaiser, Markwayne Mullin. (Davis, Sean) (Entered: 07/28/2026)
Main Document:
STATUS
#14
Jul 28, 2026
Exhibit
Main Document:
Exhibit
#15
Jul 29, 2026
Order on Application for Pro Hac Vice
#16
Jul 30, 2026
REPLY by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Polly Kaiser, Markwayne Mullin re 12 Minute Order,,,,. (Davis, Sean) (Entered: 07/30/2026)
Main Document:
REPLY
#17
Aug 03, 2026
Compel AND Default Judgment
Main Document:
Compel AND Default Judgment
#18
Aug 03, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/3/2026: On its own motion, the Court SETS a hearing on Petitioner's 17 Emergency Motion to Compel Return and Parole of Petitioner and for Entry of Default for 8/4/2026 at 10:00 AM, via videoconference, before District Judge Daniel J. Calabretta. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/03/2026)
Aug 03, 2026
Minute Order AND ~Util - Set/Reset Motion Hearing
#19
Aug 04, 2026
DECLARATION of SDDO Rigoberto Gilbert. (Davis, Sean) (Entered: 08/04/2026)
Main Document:
DECLARATION
#20
Aug 04, 2026
STATUS REPORT by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Polly Kaiser, Markwayne Mullin. (Davis, Sean) (Entered: 08/04/2026)
Main Document:
STATUS
#21
Aug 04, 2026
MINUTES FOR MOTION HEARING held via video conference before District Judge Daniel J. Calabretta on 8/4/2026. Mari Alvarado and Mihret Getabicha appeared for Petitioner. Sean Davis appeared for Respondents. The Court GRANTED Petitioner's 17 Motion to Compel Return. Given the government's unwillingness and/or inability to return Petitioner to the United States as ordered, the Court requested Petitioner's attorney to facilitate transportation of Petitioner from Mexico City, Mexico, to a port of entry at the United States/Mexico border and ORDERED Department of Homeland Security to facilitate transport of Petitioner thereafter. Further, the Court ORDERED the government to reimburse Petitioner's attorney for reasonable costs to facilitate her leg of transportation as sanctions for failure to comply with the Court's prior order. The Court directed Petitioner to file a notice with the Court outlining Petitioner's transportation as soon as arrangements are made. Court Reporter: Jennifer Coulthard. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/04/2026)
Aug 04, 2026
Motion Hearing AND Order on Motion to Compel
#22
Aug 06, 2026
Enforce Judgment
Main Document:
Enforce Judgment
#23
Aug 06, 2026
Notice of Compliance
Main Document:
Notice of Compliance
#24
Aug 07, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/7/2026: IT IS HEREBY ORDERED that Petitioner's Motion to Enforce Judgment (ECF No. 22 ) is GRANTED. Respondents shall process Petitioner and facilitate her entry into the United States within twenty-four (24) hours of Petitioner presenting herself at the designated Port of Entry. Within twenty-four (24) hours of processing Petitioner, Respondents shall file a notice of compliance with the Court's order. Respondents' Counsel shall file a notice confirming transmission of this Order to Immigration and Customs Enforcement and any other relevant governmental agencies by August 7, 2026, at 3:00 P.M. Failure to comply with any portion of this Order may result in the imposition of any available sanctions. By this Order, the Court takes no position on Petitioner's custody status after she is processed. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/07/2026)
#25
Aug 07, 2026
Notice of Compliance
Main Document:
Notice of Compliance
#26
Aug 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Todd Blanche,Gabriel Andres Soto-Perez for Christopher Chestnut,Gabriel Andres Soto-Perez for Executive Office for Immigration Review,Gabriel Andres Soto-Perez for Polly Kaiser,Gabriel Andres Soto-Perez for Markwayne Mullin, attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 08/07/2026)
Main Document:
DESIGNATION
Aug 07, 2026
Minute Order AND Order on Motion to Enforce Judgment
#27
Aug 08, 2026
STATUS REPORT by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Polly Kaiser, Markwayne Mullin. (Soto-Perez, Gabriel) (Entered: 08/08/2026)
Main Document:
STATUS
#28
Aug 09, 2026
FIRST AMENDED STATUS REPORT by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Polly Kaiser, Markwayne Mullin. (Soto-Perez, Gabriel) (Entered: 08/09/2026)
Main Document:
FIRST
#29
Aug 12, 2026
SECOND AMENDED STATUS REPORT by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Polly Kaiser, Markwayne Mullin. (Soto-Perez, Gabriel) (Entered: 08/12/2026)
Main Document:
SECOND
#30
Aug 20, 2026
Order AND Order on Motion for Default Judgment
Main Document:
Order AND Order on Motion for Default Judgment
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