Eastern District of California • 1:26-cv-06050
(HC) Hernandez Galindo v. Cruz
Completed
Case Information
Filed: July 31, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Completed: August 11, 2026
Last Activity:
August 28, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 31, 2026
PETITION for WRIT of HABEAS CORPUS against Todd W. Blanche, Orestes Cruz, EOIR, Todd M. Lyons, Markwayne Mullin, Minga Wofford by Luis Miguel Hernandez Galindo. (Filing fee $ 5, receipt number ACAEDC-13669218) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Olson, Gregory) (Entered: 07/31/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 31, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Luis Miguel Hernandez Galindo. Motion Hearing set for 8/3/2026 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: # 1 Exhibit TRO Checklist, # 2 Points and Authorities MPA for TRO, # 3 Affidavit Affidavit, # 4 Proposed Order Proposed Order)(Olson, Gregory) (Entered: 07/31/2026)
Main Document:
Temporary Restraining Order
#3
Jul 31, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/31/2026)
Main Document:
Immigration New Case Documents
#4
Jul 31, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Based on the current record, it appears Petitioner (A File #: 241-357-548) is likely to succeed on at least one of his claims and that some form of immediate relief may be appropriate. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than August 7, 2026, why the Court should not grant Petitioner's motion for a temporary restraining order. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a reply no later than August 13, 2026. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing; and (3) whether they request additional briefing on the merits of the petition. Depending on the content of the filings, the Court may set a hearing or may rule on the papers.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting 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, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief.No later than close of business Monday, August 3, 2026, to the extent not already accomplished, Petitioner's counsel is directed: (1) to serve Respondents with a copy of the Petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail (noting Petitioner's name and A-File number in the memo line) to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on July 31, 2026. (Deputy Clerk IM) (Entered: 07/31/2026)
#5
Jul 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Orestes Cruz,Elisa M. Rodriguez for Executive Office for Immigration Review,Elisa M. Rodriguez for Todd Lyons,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for Minga Wofford (Rodriguez, Elisa) (Entered: 07/31/2026)
Main Document:
DESIGNATION
Jul 31, 2026
Minute Order
#6
Aug 07, 2026
OPPOSITION by Respondents Todd Blanche, Orestes Cruz, Executive Office for Immigration Review, Todd Lyons, Markwayne Mullin, Minga Wofford to 2 MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus,. (Rodriguez, Elisa) (Entered: 08/07/2026)
Main Document:
OPPOSITION
#7
Aug 07, 2026
REPLY by Luis Miguel Hernandez Galindo re 6 Opposition. (Olson, Gregory) (Entered: 08/07/2026)
Main Document:
REPLY
#8
Aug 11, 2026
ORDER GRANTING the 1 Petition for Writ of Habeas Corpus in Part; DENYING the 2 Motion for Temporary Restraining Order as Moot; and DIRECTING Respondents to Provide a Substantive Bond Hearing, signed by District Judge Jennifer L. Thurston on 8/11/2026. Within 48 hours of this order, Respondents SHALL undertake an initial custody determination pursuant to 8 U.S.C. § 1226(a) at which point they may either release Petitioner or continue his detention if deemed appropriate. Thereafter, if Petitioner is not released, and no arrest warrant has been issued, Respondents SHALL immediately seek an arrest warrant. If the warrant is not granted, Respondents SHALL immediately release Petitioner. If a warrant is granted, within 10 days of the initial custody determination, Respondents SHALL provide Petitioner with a bond hearing in accordance with 8 U.S.C. § 1226(a) at which the parties will be allowed to present evidence and argument about whether Petitioners are a danger to the community and present a flight risk if not detained. At least 72 hours before the scheduled hearing, the Petitioner SHALL receive notice of the hearing. He SHALL have the right to be represented by counsel at the hearing, and he SHALL be entitled to appear at the hearing. If counsel has filed an appearance in the immigration proceedings, at least 72 hours before the hearing, counsel SHALL receive notice of the scheduled hearing. Respondents SHALL provide a copy of this order to the immigration judge presiding over the bond hearing and SHALL arrange for the bond hearing to be recorded. CASE CLOSED. (Deputy Clerk OFR) (Entered: 08/11/2026)
#9
Aug 11, 2026
JUDGMENT dated *8/11/2026* pursuant to 8 order. (Deputy Clerk OFR) (Entered: 08/11/2026)
Main Document:
Judgment
#10
Aug 21, 2026
MOTION to ENFORCE JUDGMENT by Luis Miguel Hernandez Galindo. (Attachments: # 1 Affidavit Affidavit in Support of MTE, # 2 Points and Authorities MPA for MTE, # 3 Proposed Order Proposed Order for MTE)(Olson, Gregory) (Entered: 08/21/2026)
Main Document:
Enforce Judgment
#11
Aug 24, 2026
MINUTE ORDER (Text Only Entry): The Court has reviewed Petitioner's motion to enforce (Doc. 10 ) and requires additional information. This Court ordered Respondents to provide Petitioner and any counsel who has filed an appearance in the immigration proceedings with at least 72 hours notice of the bond hearing. (Doc. 8 ). The Court is now informed that no such notice has been provided. Thus, no later than 3pm tomorrow, August 25, 2026, Respondents SHALL file a report indicating whether Petitioner and/or his counsel received proper notice of any scheduled bond hearing and/or whether any bond hearing has been scheduled. Furthermore, Petitioner SHALL provide the Court with any documents or records related to Petitioner's counsel's Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28) in relation to this matter. Minute Order signed by District Judge Jennifer L. Thurston on 8/24/2026. (Deputy Clerk OR) (Entered: 08/24/2026)
#12
Aug 24, 2026
EXHIBIT filed by Petitioner Luis Miguel Hernandez Galindo re 10 Motion to Enforce Judgment. (Attachments: # 1 Exhibit Entry of Appearance)(Olson, Gregory) (Entered: 08/24/2026)
Main Document:
Exhibit
Aug 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Aug 25, 2026
STATUS REPORT by Todd Blanche, Orestes Cruz, Executive Office for Immigration Review, Todd Lyons, Markwayne Mullin, Minga Wofford. (Rodriguez, Elisa) (Entered: 08/25/2026)
Main Document:
STATUS
#14
Aug 28, 2026
MINUTE ORDER (Text Only Entry) On August 25, 2026, Respondents informed the Court that Petitioner was not provided a bond hearing within the timeframe ordered by this Court. (Doc.13.) Respondents advised the detention facility to immediately release Petitioner. (Id.) A routine review of the Immigration and Customs Enforcement online detainee locator suggests that Petitioner (A-Number: 245-760-423) is no longer in ICE custody. As such, the Court DISMISSES the motion to enforce judgement (Doc. 10 ) as MOOT. The case remains CLOSED signed by District Judge Jennifer L. Thurston on August 28, 2026. (Deputy Clerk IM) (Entered: 08/28/2026)
Aug 28, 2026
Minute Order
Parties
Cruz
Party
(HC) Hernandez Galindo
Party