Eastern District of California • 1:25-cv-01841

#1

Dec 12, 2025

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Lyons, Kristi Noem by Aurelio Hernandez Hernandez. (Filing fee $ 5, receipt number ACAEDC-12669090) (Abraham, Emily) (Entered: 12/12/2025)

#2

Dec 12, 2025

Temporary Restraining Order

#3

Dec 12, 2025

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 1/15/2026. (Attachments: # 1 Consent Form) (Deputy Clerk JJD) (Entered: 12/12/2025)

#4

Dec 13, 2025

MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/13/2025: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before December 16, 2025. Petitioner may file a Reply on or before December 17, 2025. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ENTRY ONLY] (Deputy Clerk JZ) (Entered: 12/13/2025)

Dec 13, 2025

Minute Order

#5

Dec 15, 2025

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Matthew Thuesen for Sergio Albarran,Matthew Thuesen for Todd Lyons,Matthew Thuesen for Kristi Noem (Thuesen, Matthew) (Entered: 12/15/2025)

#6

Dec 15, 2025

Application for Pro Hac Vice and Proposed Order

#7

Dec 16, 2025

Order on Application for Pro Hac Vice

#8

Dec 16, 2025

Dismiss

#9

Dec 16, 2025

Amended Petition for Writ of Habeas Corpus

#10

Dec 17, 2025

REPLY in Support of 2 Motion for Temporary Restraining Order by Aurelio Hernandez Hernandez. (DeWitt, Caitlyn) Modified on 12/18/2025 (KS). (Entered: 12/17/2025)

#11

Dec 17, 2025

ORDER signed by District Judge Daniel J. Calabretta on 12/17/2025 GRANTING Petitioner's 2 Motion for Temporary Restraining Order; ORDERING Respondents to immediately release Petitioner Aurelio Hernandez Hernandez from their custody and to not impose any additional restrictions on him, unless that is determined to be necessary at a future pre-deprivation/custody hearing; ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; ORDERING Respondents to SHOW CAUSE, on or before 12/22/2025, as to why this Court should not issue a preliminary injunction on the same terms as this Order. Petitioner may file a Reply, if any, On or before 12/23/2025. Respondents' 8 Motion to Dismiss is DENIED AS MOOT. (Deputy Clerk GJM) Modified on 12/30/2025 (GJM). (GJM). (Entered: 12/17/2025)

Dec 17, 2025

Minute Order AND Order on Motion for TRO AND Order on Motion to Dismiss AND ~Util - 1 Set/Reset Deadlines and Hearings

#12

Dec 22, 2025

RESPONSE to 9 Amended Petition for Writ of Habeas Corpus by All Respondents. Attorney Thuesen, Matthew added. (Attachments: # 1 Decl. of Jerome) (Thuesen, Matthew) Modified on 1/7/2026 (KS). (Entered: 12/22/2025)

#13

Dec 23, 2025

REPLY in support of Motion for Preliminary Injunction by Aurelio Hernandez Hernandez. (Attachments: # 1 Declaration)(DeWitt, Caitlyn) Modified on 12/30/2025 (HAH). (Entered: 12/23/2025)

#14

Dec 30, 2025

CLERK'S NOTICE OF DOCKET CORRECTION: Document added to 11 Order and served on all parties on 12/30/2025. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 12/30/2025)

#15

Dec 30, 2025

MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/30/2025: On December 17, 2025, the Court issued an Order granting Petitioners request for issuance of a Temporary Restraining Order. (ECF No. 11 .) Due to a clerical error, the full Order was not included on the docket. That order has now been added and served on the parties. If Respondents wishes to supplement its response to the Courts Order to Show Cause given the Courts full order it may do so on or before January 2, 2025. If Petitioner wishes to supplement his Reply, he may do so on or before January 5, 2025. The expiration of Temporary Restraining Order previously issued by the Court is extended until January 14, 2026. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 12/30/2025)

Dec 30, 2025

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#16

Jan 13, 2026

Order

#17

Jan 30, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 1/30/2026: The court has reviewed Petitioner's 9 First Amended Petition for Writ of Habeas Corpus. Respondent is GRANTED 7 (seven) days within which to inform the court whether Respondent intends to stand on the record as is or if Respondent wishes to present further briefing and evidence. If Respondent elects to stand on the existing record, the 9 First Amended Petition for Writ of Habeas Corpus will be deemed submitted to the court for decision. (Text Only Entry) (Deputy Clerk LMK) (Entered: 01/30/2026)

#18

Jan 30, 2026

RESPONSE to 17 Minute Order by All Respondents. (Thuesen, Matthew) Modified on 2/4/2026 (KS). (Entered: 01/30/2026)

Jan 30, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#19

Feb 10, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/10/2026: Petitioner is proceeding with a 9 Amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 challenging arrest and detention by ICE. The district court has ordered, by way of preliminary injunctive relief, Petitioner's release and that rearrest not occur absent certain protections. Prior to arrest, Petitioner was released into the United States by ICE premised upon either an explicit or implicit finding that Petitioner was not dangerous or a flight risk. While on release, Petitioner did not commit any crimes, materially complied with conditions of release and petitioner is not subject to an order of removal. Considering all of these factors, and consistent with the court's rulings in Martinez v. Chestnut, 1:25-cv-1826 TLN CKD P, ECF No. 14 ; Rebolledo v. Chestnut, 1:25-cv-1904 CKD P, ECF No. 15 ; and Esteban-Escalante v. Warden, Mesa Verde ICE Processing Center, 1:26-cv-0096 DC CKD P, ECF No. 10, the court finds Petitioner's Fifth Amendment right to due process was violated, RECOMMENDS THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE GRANTED, THE PRELIMINARY INJUNCTIVE RELIEF PREVIOUSLY GRANTED BE MADE PERMANENT and THIS CASE BE CLOSED. These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven (7) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within seven (7) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Text Only Entry) (Deputy Clerk LMK) (Entered: 02/10/2026)

Feb 10, 2026

Findings and Recommendations AND Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#20

Feb 11, 2026

Objections to Findings and Recommendations

#22

Feb 26, 2026

Findings and Recommendations AND Order Adopting Findings and Recommendations

#23

Feb 26, 2026

Judgment