Eastern District of California • 1:26-cv-06509

(HC) Fernandez Garcia v. Warden, Central Valley Annex

Active

Case Information

Filed: August 17, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 03, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 17, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Rene Lorenzo Fernandez Garcia. (Deputy Clerk SZ) (Entered: 08/18/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 17, 2026
EMERGENCY MOTION to Expedite Petition for Writ of Habeas Corpus by Rene Lorenzo Fernandez Garcia. (Deputy Clerk SZ) (Entered: 08/18/2026)
Main Document: Miscellaneous Relief
#3
Aug 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rene Lorenzo Fernandez Garcia. (Deputy Clerk SZ) (Entered: 08/18/2026)
Main Document: Temporary Restraining Order
#4
Aug 18, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) Modified on 8/18/2026 (SZ). (Entered: 08/18/2026)
Main Document: Immigration New Case Documents
#5
Aug 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, Central Valley Annex (Rodriguez, Elisa) (Entered: 08/18/2026)
Main Document: DESIGNATION
#6
Aug 18, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Kirk E. Sherriff on 8/18/2026: The Court has reviewed the 1 petition for writ of habeas corpus, the 2 emergency motion to expedite petition for writ of habeas corpus, and the 3 motion for temporary restraining order. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. 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."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file a response to the 1 petition by August 25, 2026. 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 YV) (Entered: 08/18/2026)
Aug 18, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Rene Lorenzo Fernandez Garcia. (Deputy Clerk SZ)
Aug 18, 2026
SERVICE BY MAIL: 6 Minute Order, served on Rene Lorenzo Fernandez Garcia. (Deputy Clerk YV)
Aug 18, 2026
Minute Order
Aug 18, 2026
Service by Mail
Aug 18, 2026
RECEIPT number 200020574 for $5.00 for filing fee from Rene L Fernandez Garcia. (Deputy Clerk VLK)
#7
Aug 25, 2026
OPPOSITION by Respondent Warden, Central Valley Annex to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Declaration of Deportation Officer)(Rodriguez, Elisa) (Entered: 08/25/2026)
Main Document: OPPOSITION
#8
Aug 28, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Kirk E. Sherriff on 8/28/2026: The 7 opposition notes facts that were not set out in the 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. Nevertheless, the Court has previously addressed the legal issues raised by the 1 petition. See, e.g., Banos-Jiron v. Lyons, No. 1:26-cv-00716-KES-CDB (HC), 2026 WL 972527 (E.D. Cal. Apr. 10, 2026). On or before September 3, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior order in Banos-Jiron v. Lyons and justify denying the petition. Alternatively, respondents may elect to file on or before September 3, 2026, a statement indicating that they intend to stand on their 7 opposition as responsive to the Court's order to show cause. (Deputy Clerk YV) (Entered: 08/28/2026)
Aug 28, 2026
Service by Mail
Aug 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 28, 2026
SERVICE BY MAIL: 8 Minute Order, served on Rene Lorenzo Fernandez Garcia. (Deputy Clerk YV)
#9
Aug 31, 2026
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. (Deputy Clerk ED) (Entered: 08/31/2026)
Main Document: CONSENT/DECLINE
#10
Aug 31, 2026
NOTICE of CHANGE of ADDRESS to CENTRAL VALLEY ANNEX (ICE) P.O. Box 637 254 Taylor Avenue McFarland, CA 93250 by Rene Lorenzo Fernandez Garcia. No changes made. (Deputy Clerk ED) (Entered: 09/01/2026)
Main Document: Notice of Change of Address
#11
Sep 03, 2026
RESPONSE by Warden, Central Valley Annex to 8 Minute Order,,,, Set/Reset Deadlines and Hearings,,,. (Rodriguez, Elisa) (Entered: 09/03/2026)
Main Document: RESPONSE

Parties

(HC) Fernandez Garcia
Party
Warden, Central Valley Annex
Party