Eastern District of California • 1:26-cv-08011

(HC) Hernandez Gomez v. Current or Acting Warden of California City Detention Center

Active

Case Information

Filed: September 28, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting Warden of California City Detention Center by Rudy Hernandez Gomez. (Deputy Clerk AML) (Entered: 09/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 28, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Rudy Hernandez Gomez. (Deputy Clerk AML) (Entered: 09/29/2026)
Main Document: In Forma Pauperis
#3
Sep 28, 2026
MOTION to APPOINT COUNSEL by Rudy Hernandez Gomez. (Deputy Clerk AML) (Entered: 09/29/2026)
Main Document: Appoint Counsel
#4
Sep 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rudy Hernandez Gomez. (Deputy Clerk AML) (Entered: 09/29/2026)
Main Document: Temporary Restraining Order
#5
Sep 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 09/29/2026)
Main Document: Immigration New Case Documents
#6
Sep 29, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Rudy Hernandez Gomez signed by Magistrate Judge Erica P. Grosjean on 9/29/2026. (Deputy Clerk AML) (Entered: 09/29/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#7
Sep 29, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/29/2026: (Text Only Entry) The Court has reviewed the 1 petition for writ of habeas corpus and the 4 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 4 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 October 1, 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"). This order does not prohibit the temporary transfer of petitioner outside of the District for urgent medical care, though petitioner shall be returned to the District upon the conclusion of such care. Respondents shall notify the Court of any such transfer out of the district. (Deputy Clerk CLA) (Entered: 09/29/2026)
#8
Sep 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Warden of California City Detention Center (Yu, Jonathan) (Entered: 09/29/2026)
Main Document: DESIGNATION
Sep 29, 2026
SERVICE BY MAIL: 6 Order Authorizing IFP Status, 5 Immigration New Case Documents served on Rudy Hernandez Gomez. (Deputy Clerk AML)
Sep 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 29, 2026
Service by Mail
Sep 29, 2026
SERVICE BY MAIL: 7 Minute Order served on Rudy Hernandez Gomez. (Deputy Clerk CLA)
Oct 08, 2026
Minute Order AND Order on Motion for TRO
Oct 08, 2026
Service by Mail
#11
Oct 09, 2026
06 - HC/Order Requiring Respondent to File a Response AND ~Util - 1 Terminate Deadlines and Hearings
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND ~Util - 1 Terminate Deadlines and Hearings
Oct 09, 2026
Service by Mail

Parties

Current or Acting Warden of California City Detention Center
Party
(HC) Hernandez Gomez
Party