Eastern District of California • 1:25-cv-01807

(HC) Hernandez Ortiz v. Kaiser

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Case Information

Filed: December 10, 2025
Assigned to: Dale Alan Drozd
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: January 21, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 11, 2025
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi by Cecilia Hernandez Ortiz. (Attachments: # 1 Civil Cover Sheet)(Acevedo, Mayra) (Entered: 12/11/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Dec 11, 2025
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
Dec 11, 2025
RECEIPT NUMBER ACAEDC-12662897: $5.00 Habeas Fee from Acevedo, Mayra. (Deputy Clerk OFR)
#3
Dec 12, 2025
Temporary Restraining Order
Main Document: Temporary Restraining Order
#4
Dec 12, 2025
Proposed Order
Main Document: Proposed Order
#5
Dec 12, 2025
MINUTE ORDER signed by District Judge Dale A. Drozd on 12/12/2025: (Text Only Entry). Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioners from the United States or to move petitioners 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 petitioners' pending 3 motion for temporary restraining order. Further, no later than Monday, 12/15/2025, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, by e-mail to the United States Attorney's Office for the Eastern District of California; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM on Tuesday, 12/16/2025. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk APM) (Entered: 12/12/2025)
Dec 12, 2025
Minute Order
#6
Dec 15, 2025
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Charles Campbell, GOVT for All Respondents. (Campbell, Charles) Modified on 12/16/2025 (HAH). (Entered: 12/15/2025)
Main Document: DESIGNATION
#7
Dec 15, 2025
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Campbell, Charles) (Entered: 12/15/2025)
Main Document: CONSENT/DECLINE
#8
Dec 15, 2025
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#9
Dec 16, 2025
COMBINED RESPONSE to 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order by All Respondents. (Campbell, Charles) Modified on 12/19/2025 (HAH). (Entered: 12/16/2025)
Main Document: COMBINED
#10
Dec 17, 2025
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 12/17/2025: On 12/16/2025, respondents filed a 9 response to petitioner's 3 motion for a temporary restraining order. Petitioner is DIRECTED to file a reply to respondents' 9 response no later than today, 12/17/2025, by 5:00 PM. (Deputy Clerk PAB) (Entered: 12/17/2025)
#11
Dec 17, 2025
REPLY in support of 1 Petition and 3 Motion for Temporary Restraining Order by Cecilia Hernandez Ortiz. (Acevedo, Mayra) Modified on 12/19/2025 (HAH). (Entered: 12/17/2025)
Main Document: REPLY
Dec 17, 2025
Minute Order
#12
Dec 18, 2025
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 12/18/2025: On 12/12/2025, petitioner filed a motion for a temporary restraining order (Doc. No. 3 ). On 12/16/2025, respondents filed their opposition (Doc. No. 9 ) to the motion, and on 12/17/2025, petitioner filed her reply (Doc. No. 11 ) thereto. Having considered the circumstances of petitioners detention and the parties arguments, the court finds analogous and persuasive the courts decision in Diaz v. Wofford, No. 1:25-cv-01079-JLT-EPG, 2025 WL 2581575 (E.D. Cal. Sept. 5, 2025), where the district court ordered that the petitioner be released from detention. Further, the court is persuaded by the analysis in Guillermo M. R. v. Kaiser, 791 F. Supp. 3d 1021 (N.D. Cal. 2025), where the district court further ordered that the petitioner be afforded a pre-detention hearing prior to any re-detention. Accordingly, pursuant to the reasoning of the district courts in Diaz and Guillermo M. R., petitioners motion for a temporary restraining order (Doc. No. 3 ) is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents custody on the same conditions that governed her release immediately prior to her detention on November 7, 2025; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (Deputy Clerk PAB) (Entered: 12/18/2025)
Dec 18, 2025
Minute Order AND Order on Motion for TRO
#13
Jan 09, 2026
STIPULATION and PROPOSED ORDER re Briefing Schedule by Parties. (Campbell, Charles) Modified on 1/12/2026 (KS). (Entered: 01/09/2026)
Main Document: STIPULATION
#14
Jan 12, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/12/2026: On 1/9/2026, the parties filed a 13 stipulation regarding the preliminary injunction briefing schedule. Pursuant to that stipulation, the court sets the following deadlines: petitioner shall submit her motion for preliminary injunction by 1/16/2026; respondents shall submit their opposition to the motion for preliminary injunction by 1/21/2026; and petitioner shall submit her reply thereto by 1/28/2026. (Deputy Clerk PAB) (Entered: 01/12/2026)
Jan 12, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#15
Jan 16, 2026
Preliminary Injunction
Main Document: Preliminary Injunction
#16
Jan 21, 2026
OPPOSITION to 15 Motion for Preliminary Injunction by All Respondents. (Campbell, Charles) Modified on 1/22/2026 (HAH). (Entered: 01/21/2026)
Main Document: OPPOSITION

Parties

(HC) Hernandez Ortiz
Party
Kaiser
Party