Eastern District of California • 1:26-cv-06534

#1

Aug 17, 2026

2241 PETITION for WRIT of HABEAS CORPUS against California City Detention Facility by Yesner Fernandez Hurtado. (Deputy Clerk SZ) (Entered: 08/18/2026)

Aug 17, 2026

RECEIPT number 100009261 for $5.00 for Yesner Fernandez Hurtado from Cal City Immigration Processing. (Deputy Clerk SZ)

#2

Aug 18, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 08/18/2026)

#3

Aug 18, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for California City Detention Facility (Rodriguez, Elisa) (Entered: 08/18/2026)

Aug 18, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Yesner Fernandez Hurtado. (Deputy Clerk SZ)

Aug 18, 2026

Service by Mail

#4

Aug 19, 2026

EO: The court has received and reviewed Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241. Dkt. No. 1 . The court intends to rule on the petition. See 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."). On or before August 24, 2026, Respondent is ORDERED to answer in writing the following questions: 1. Is Petitioner subject to a final order of removal? If so, after being ordered removed, was Petitioner released under an order of supervision or otherwise released from custody by immigration authorities? If Petitioner was released, are there any factual or legal bases to distinguish this case from cases like Afshin A.N. v. Chestnut, No. CV 1:26-cv-03813-MWJS, 2026 WL 1726781 (E.D. Cal. June 15, 2026)? 2. In Respondent's view, is Petitioner subject to mandatory detention pursuant to any provision of the Immigration and Nationality Act other than 8 U.S.C. § 1225(b)(2)? If the answer is yes, what is the relevant detention authority and why do Respondents think that it applies to Petitioner? 3. Other than the circumstances covered by the first question, was Petitioner otherwise ever detained and released by immigration authorities? If the answer is yes, what were the circumstances of that release, and are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners in a variety of circumstances have been granted immediate release? See, e.g., Maxo Ben G. v. Warden of Mesa Verde Det. Facility, No. 1:26-cv-03776-MWJS, 2026 WL 1457554 (E.D. Cal. May 21, 2026); Kallebe C.L. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-03651-MWJS, 2026 WL 1374754 (E.D. Cal. May 14, 2026); A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS, 2026 WL 1190220 (E.D. Cal. Apr. 29, 2026); Sergio D.L.S. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026). 4. If Petitioner was not previously detained and released by immigration authorities, are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners have been granted bond hearings? See, e.g., Juana G.R.P. v. Warden of the Cal. City Det. Facility, No. 1:26-cv-04406-MWJS, 2026 WL 1712375 (E.D. Cal. June 12, 2026); Bertoldo B.F. v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-03634-MWJS, 2026 WL 1638322 (E.D. Cal. June 4, 2026)? 5. Was Petitioner previously granted a bond hearing before an immigration judge? If the answer is yes, when was that hearing held, what was the outcome, and what was the reasoning underlying the immigration judge's decision? 6. Petitioner may file a reply on or before August 27, 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. Given the court's ongoing consideration of the petition, and unless and until the court orders otherwise, the court ORDERS that Respondent shall not transfer or otherwise take Petitioner out of the Eastern District of California. 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"). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 08/19/2026)

Aug 19, 2026

Service by Mail

Aug 19, 2026

Minute Order

Aug 19, 2026

SERVICE BY MAIL: A copy of Dkt. No. 4 Entering Order, was served on Yesner Fernandez Hurtado on 8/19/2026. (Deputy Clerk AB)

#5

Aug 24, 2026

RESPONSE by California City Detention Facility to 4 Minute Order,,,,,,,,,,,,,,. (Rodriguez, Elisa) (Entered: 08/24/2026)

#6

Aug 24, 2026

ORDER signed by District Judge Micah W. J. Smith on 8/25/2026 8/24/2026 GRANTING 1 petition for writ of habeas corpus. Respondent must IMMEDIATELY RELEASE Yesner Fernandez Hurtado (A# 220-887-281) from custody under the same conditions he was released prior to his current detention. Respondent must file a notice certifying compliance with this provision of the court's order within 2 court days from the date of this order. Respondent is ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. (cc: California City Immigration Processing Center) CASE CLOSED. (Deputy Clerk AB) Modified + Regenerated NEF on 8/25/2026 (AB). (Entered: 08/24/2026)

#7

Aug 24, 2026

JUDGMENT dated *8/24/2026* pursuant to Dkt. No. 6 Order signed by District Judge Micah W. J. Smith on 8/24/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 08/24/2026)

Aug 24, 2026

Service by Mail

Aug 24, 2026

SERVICE BY MAIL: A copy of Dkt. No. 6 Order, and Dkt. No. 7 Judgment, was served on Yesner Fernandez Hurtado. (Deputy Clerk AB)

#8

Aug 26, 2026

NOTICE OF COMPLIANCE by California City Detention Facility. (Rodriguez, Elisa) (Entered: 08/26/2026)