Eastern District of California • 1:26-cv-09003

(HC)Hernandez Espindola v. Warden of California City Detention Facility

Active

Case Information

Filed: November 02, 2026
Assigned to: Dena M. Coggins
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 04, 2026
Parties: View All Parties →

Docket Entries

#1
Nov 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of California City Detention Facility by Gerardo Hernandez Espindola. (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#4
Nov 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Gerardo Hernandez Espindola. (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: In Forma Pauperis
#5
Nov 02, 2026
MOTION for APPOINTMENT of COUNSEL by Gerardo Hernandez Espindola. (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: Appoint Counsel
#2
Nov 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden of California City Detention Facility (Rodriguez, Elisa) (Entered: 11/03/2026)
Main Document: DESIGNATION
#3
Nov 03, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/3/2026: Petitioner, an immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. Accordingly, it is hereby ORDERED that: 1. Within seven days of this order's service, respondent must file an answer to the petition. The answer must address the merits of the petition and set forth the "true cause of the detention." See 28 U.S.C. § 2243. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. Respondent shall attach any documents necessary for resolving the issues presented in the petition. Arguments that are not supported with relevant evidence will not be considered. 2. Petitioner may file a traverse to respondent's answer within seven days of the date of service of that answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 3. If respondent learns of petitioner's removal or any other change in petitioner's detention status, respondent shall submit a status report notifying the court as soon as practicably possible. 4. The Clerk of Court is directed to send petitioner a copy of the in forma pauperis form used by this district. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of a request to proceed in forma pauperis or the appropriate filing fee of $5.00. (Text only entry). (IFP form attached) (Deputy Clerk NAC) (Entered: 11/03/2026)
Main Document: Minute Order
#6
Nov 03, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 11/03/2026)
Main Document: Immigration New Case Documents
Nov 03, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents served on Gerardo Hernandez Espindola. (Deputy Clerk LMS)
Nov 03, 2026
SERVICE BY MAIL: 3 Minute Order and IFP form served on Gerardo Hernandez Espindola. (Deputy Clerk NAC)
Nov 03, 2026
Service by Mail
Nov 04, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Nov 04, 2026
Service by Mail