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

#6

Jan 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Moises Becerra,Audrey Benison Hemesath, GOVT for Pamela Bondi,Audrey Benison Hemesath, GOVT for Leanna Lundy,Audrey Benison Hemesath, GOVT for Kristi Noem (Hemesath, Audrey) (Entered: 01/09/2026)

#7

Jan 09, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Hemesath, Audrey) (Entered: 01/09/2026)

#8

Jan 12, 2026

RESPONSE by Moises Becerra, Pamela Bondi, Leanna Lundy, Kristi Noem to 2 Motion for Temporary Restraining Order, 4 Minute Order,,,,,,,,,,,, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Notification, # 2 Exhibit Policy Memo)(Hemesath, Audrey) (Entered: 01/12/2026)

#9

Jan 14, 2026

Reply to Response to Motion

#10

Jan 23, 2026

06 - HC/Order Requiring Respondent to File a Response

#11

Jan 23, 2026

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

#12

Jan 23, 2026

RESPONSE by Moises Becerra, Pamela Bondi, Leanna Lundy, Kristi Noem to 11 Order, Set/Reset Deadlines and Hearings. (Hemesath, Audrey) (Entered: 01/23/2026)

#13

Jan 30, 2026

SUPPLEMENTAL BRIEF PETITIONERS SUPPLEMENTAL BRIEF AND NOTICE OF NEWLY DISCOVERED EVIDENCE IN SUPPORT OF HABEAS RELIEF filed by Diana Carolina Hernandez. (Cummings, Robert) (Entered: 01/30/2026)

#14

Feb 03, 2026

MINUTE ORDER (Text Only Entry) The Court has reviewed Petitioner's Supplemental Brief and Notice of Newly Discovered Evidence in Support of Habeas Relief (Doc. 13). Petitioner asserts that she has been experiencing severe medical issues for the past three weeks and has not received adequate medical care despite repeated requests. She further asserts that, over the past ten days, she has been denied access to her medical records despite multiple requests. Based on the current record, the Court ORDERS Respondents to IMMEDIATELY provide Petitioner's requested medical records to counsel and to file a status report detailing whether Petitioner has received medical treatment for her ongoing health concerns. Respondents shall file a notice confirming compliance with that order by no later than 2pm on February 4, 2026 signed by District Judge Jennifer L. Thurston on February 3, 2026. (Deputy Clerk IM) (Entered: 02/03/2026)

Feb 03, 2026

Minute Order

#15

Feb 04, 2026

RESPONSE by Moises Becerra, Pamela Bondi, Leanna Lundy, Kristi Noem to 14 Minute Order,,,. (Hemesath, Audrey) (Entered: 02/04/2026)

#16

Feb 05, 2026

STATUS REPORT by Moises Becerra, Pamela Bondi, Leanna Lundy, Kristi Noem. (Hemesath, Audrey) (Entered: 02/05/2026)

#17

Feb 20, 2026

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