Eastern District of California • 1:26-cv-06872
(HC) Hernandez Campos v. Warden, California City Detention Center
Completed
Case Information
Filed: August 28, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 09, 2026
Last Activity:
September 14, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 28, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Luciano Hernandez Campos. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 28, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Luciano Hernandez Campos. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
In Forma Pauperis
#3
Aug 28, 2026
MOTION to APPOINT COUNSEL by Luciano Hernandez Campos. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Appoint Counsel
#4
Sep 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Immigration New Case Documents
#5
Sep 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Detention Center (Rodriguez, Elisa) (Entered: 09/01/2026)
Main Document:
DESIGNATION
Sep 01, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Luciano Hernandez Campos. (Deputy Clerk DAR)
Sep 01, 2026
Service by Mail
#6
Sep 03, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 9/3/2026: In light of petitioner's pro se status, the court construes petitioner's 1 request for expedited relief as a motion for temporary restraining order. Pending the issuance of the court's order resolving the pending 1 motion for temporary restraining order, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner 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 petitioner's pending 1 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 1 motion for temporary restraining order by 5:00 PM on Friday, 9/4/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. Respondents are further directed to include in their opposition the detention authority or authorities identified by or relied upon by the detaining agency at the time of detention as the basis for detention and verifying evidence of the same, which may consist of a declaration from a person with knowledge or documentation of any steps the detaining agency had taken to comply with the procedural requirements of that detention authority or authorities prior to judicial intervention. If respondents' counsel is not aware of the detention authority or authorities identified by the agency at the time of detention, they are directed to so state in their opposition. Respondents are also directed to clearly identify in their opposition the source of any other proposed detention authority, including, for instance, a recent review of the detention's factual circumstances by respondents' counsel. Where a detention authority is relied upon in any opposition filed without specifying its source, the court may presume, based on the court's discussions with respondents' counsel at hearings in prior similar cases, that it is based solely on counsel's recent review of the factual circumstances surrounding the petitioner's detention. (Deputy Clerk PAB) (Entered: 09/03/2026)
Sep 03, 2026
Service by Mail
Sep 03, 2026
Minute Order
Sep 03, 2026
SERVICE BY MAIL: 6 Minute Order served on Luciano Hernandez Campos. (Deputy Clerk PAB)
#7
Sep 04, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Respondent Warden, California City Detention Center. (Rodriguez, Elisa) Modified on 9/11/2026 (KS). (Entered: 09/04/2026)
Main Document:
ANSWER
#8
Sep 09, 2026
ORDER signed by District Judge Dale A. Drozd on 9/9/2026 GRANTING Petitioner's combined petition for writ of habeas corpus and motion for temporary restraining order 1 in part as follows: Petitioner's petition for writ of habeas corpus is GRANTED: Respondent is ORDERED to immediately release petitioner Luciano Hernandez Campos, A-File No. 222-597-489, from respondent's custody; Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge, at which hearing the burden will be set in accordance with 8 U.S.C. § 1226(a) and its implementing regulations; Petitioner's motion for temporary restraining order is DENIED as having been rendered moot by this order granting petitioner habeas relief; Petitioner's motion to proceed in forma pauperis 2 is GRANTED; Petitioner's motion to appoint counsel 3 is DENIED as having been rendered moot by this order; The Clerk of the Court is directed to serve a copy of this order on the California City Detention Facility; and The Clerk of the Court is directed to enter judgment in favor of petitioner and close this case. CASE CLOSED. (cc: ICE-California City Detention Facility) (Deputy Clerk LMS) Modified on 9/9/2026 (LMS). (Entered: 09/09/2026)
#9
Sep 09, 2026
JUDGMENT dated *9/9/2026* pursuant to order signed by District Judge Dale A. Drozd on 9/9/2026. (cc: ICE-California City Detention Facility) (Deputy Clerk LMS) (Entered: 09/09/2026)
Main Document:
Judgment
Sep 09, 2026
SERVICE BY MAIL: 8 Order, 9 Judgment served on Luciano Hernandez Campos. (Deputy Clerk LMS)
Sep 09, 2026
Service by Mail
Sep 14, 2026
MAIL RETURNED as Undeliverable, Not Deliverable as Addressed, Unable to Forward: 4 Immigration New Case Documents sent to Luciano Hernandez Campos. (Deputy Clerk DAR)
Parties
(HC) Hernandez Campos
Party
Warden, California City Detention Center
Party