Eastern District of California • 1:26-cv-00001

#1

Jan 01, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Diana Carolina Hernandez. (Filing fee $ 5, receipt number ACAEDC-12717145) (Attachment(s) : # 1 Civil Cover Sheet) (Cummings, Robert) (Entered: 01/01/2026)

#2

Jan 01, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Diana Carolina Hernandez. (Cummings, Robert) (Entered: 01/01/2026)

#3

Jan 01, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/5/2026. (Attachments: # 1 Consent Form) (Deputy Clerk JJD) (Entered: 01/01/2026)

#4

Jan 01, 2026

MINUTE ORDER signed by District Judge Jennifer L. Thurston on 1/1/2026: (Text Only Entry). The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 2 ). Petitioner asserts she is being subjected to unlawfully prolonged detention (Claim 1), that she has been detained without proper process (Claim 3), and that her potentially imminent removal to a third country is ultra vires (Claim 2). As to Claims 1 and 3, which concern the initiation and duration of Petitioners detention, the few facts presented indicate she was detained in September 2025, at least three months ago, and counsel offers no explanation for the delayed presentation of any claims related to her detention. Thus, the Court believes the TRO request is untimely and is therefore DENIED to the extent it rests upon those claims. See Local Rule 231(b). However, as to Claim 2, the filings at least raise serious questions as to the process Petitioner has received in relation to any possible removal to a third country, a claim that appears to have arisen in the past few days. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than January 12, 2026 why the Court should not grant Petitioners motion for a TRO as to this issue. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioners A-File and other supporting documents. Petitioner may file a reply no later than January 16, 2026. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; and (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing. Depending on the content of the filings, the Court may set a hearing or may rule on the papers. In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting 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, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. No later than January 2, 2026, to the extent not already accomplished, Petitioners counsel is directed: (1) to serve Respondents with a copy of the Petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance. (Deputy Clerk lbc) (Entered: 01/01/2026)

Jan 01, 2026

Minute Order

#5

Jan 02, 2026

Certificate / Proof of Service