Eastern District of California • 1:26-cv-02411

(HC) Hernandez Gomez v. Vitello

Completed

Case Information

Filed: March 30, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: July 09, 2026
Last Activity: July 09, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 30, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against U.S. Immigration and Customs Enforcement, Alejandro Mayorkas, Caleb Vitello by Julio Cesar Hernandez Gomez. (Deputy Clerk AML) (Entered: 03/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 30, 2026
MOTION for Immediate Release or in the Alternative, for a Bond Hearing by Julio Cesar Hernandez Gomez. (Deputy Clerk AML) (Entered: 03/31/2026)
Main Document: Miscellaneous Relief
Mar 30, 2026
RECEIPT number 100007701 for $5.00 fbo Julio Hernandez from Julio Hernandez. (Deputy Clerk AML)
#3
Mar 31, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due within 30 days. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 03/31/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 31, 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. (Anonymous) (Entered: 03/31/2026)
Main Document: CONSENT/DECLINE
Mar 31, 2026
Service by Mail
Mar 31, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Julio Cesar Hernandez Gomez. (Deputy Clerk AML)
#5
Apr 01, 2026
MINUTE ORDER (Text Entry Only) 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 that he has been detained since January 22, 2026 (Doc. 1 at 1), about 90 days ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.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 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 relief signed by District Judge Jennifer L. Thurston on April 1, 2026. (Deputy Clerk IM) (Entered: 04/01/2026)
Apr 01, 2026
Service by Mail
Apr 01, 2026
SERVICE BY MAIL: 5 Minute Order on Motion served on Julio Cesar Hernandez Gomez. (Deputy Clerk IM)
Apr 01, 2026
Order on Motion for Miscellaneous Relief
#6
Apr 20, 2026
RESPONSE by Alejandro Mayorkas, U.S. Immigration and Customs Enforcement, Caleb Vitello to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Exhibit 1, # 2 Proof of Service Proof of Service)(Williams, Jonathan) (Entered: 04/20/2026)
Main Document: RESPONSE
#7
May 01, 2026
Findings and Recommendations
Main Document: Findings and Recommendations
#8
May 01, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
May 01, 2026
Service by Mail
May 01, 2026
SERVICE BY MAIL: 7 Findings and Recommendations (Motion), served on Julio Cesar Hernandez Gomez. (Deputy Clerk JPX)
May 12, 2026
MAIL RETURNED as Undeliverable, Return to Sender, Attempted Not Known, Unable to Forward: 3 Prisoner New Case Documents sent to Petitioner, 22844 Virginia Boulevard, California City, CA 93505. (Deputy Clerk JPX)
May 12, 2026
RE-SERVICE BY MAIL: 3 Prisoner New Case Documents served on Julio Cesar Hernandez Gomez. (Deputy Clerk JPX)
May 12, 2026
Service by Mail
#9
May 27, 2026
Amend the Judgment
Main Document: Amend the Judgment
#10
Jun 23, 2026
MINUTE ORDER (Text Only Entry) On May 27, 2026, Respondents informed the Court that Petitioner had been granted voluntary departure, with an administrative expiration date of June 17, 2026. (Doc. 9 .) The attached order of the immigration judge granting voluntary departure indicates that if Petitioner fails to voluntarily depart by June 17, 2026, he will instead be subject to an order of removal pursuant to 8 C.F.R. § 1240.26(d). (See Doc. [9-1] at 2). Because that deadline has passed, the Court requires additional information to determine whether Petitioner is now subject to a final order of removal, which may shift the detention authority in this case. Thus, within 1 day of the date of this Minute Order, Respondents SHALL provide the Court with an update indicating whether Petitioner is now subject to a final order of removal, including the status of any appeals or other requests for relief signed by District Judge Jennifer L. Thurston on June 23, 2026. (Deputy Clerk IM) (Entered: 06/23/2026)
Jun 23, 2026
SERVICE BY MAIL: 10 Minute Order served on Julio Cesar Hernandez Gomez. (Deputy Clerk IM)
Jun 23, 2026
Service by Mail
Jun 23, 2026
Minute Order
#11
Jun 24, 2026
STATUS REPORT by Alejandro Mayorkas, U.S. Immigration and Customs Enforcement, Caleb Vitello. (Williams, Jonathan) (Entered: 06/24/2026)
Main Document: STATUS
#12
Jun 25, 2026
MINUTE ORDER (Text Only Entry) On June 24, 2026, Respondents informed the Court that Petitioner's voluntary departure period was extended to July 10, 2026. (Doc. 11 .) As Respondents point out, this Court's order barring Respondents from moving or removing Petitioner precludes Respondents from positioning Petitioner for voluntary removal. The Court stands ready to lift its no transfer/removal order should Petitioner wish to withdraw his habeas petition. Thus, if Petitioner wishes to proceed with voluntary departure, he shall respond to this order immediately indicating as much, and the Court will thereafter lift the no transfer/removal order. Otherwise, the Court will proceed to rule on the merits of Petitioner's habeas petition. The Clerk of Court is directed to serve a copy of this Minute Order on Petitioner. Given the timeline discussed above, Counsel for Respondents is directed to take all available steps to expedite delivery of this order to Petitioner and SHALL within one day of the date of this order file a declaration indicating that the order has been delivered signed by District Judge Jennifer L. Thurston on June 25, 2026. (Deputy Clerk IM) (Entered: 06/25/2026)
Jun 25, 2026
Minute Order
Jun 25, 2026
SERVICE BY MAIL: 12 Minute Order served on Julio Cesar Hernandez Gomez. (Deputy Clerk IM)
Jun 25, 2026
Service by Mail
#13
Jul 07, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#14
Jul 09, 2026
MINUTE ORDER (Text Only Entry) On July 6, 2026, Petitioner responded to this Court's June 25, 2026, Minute Order and expressed his wish to proceed with voluntary departure and withdraw his pending habeas petition. (Doc. 13.) As such, the Court LIFTS its prior transfer restrictions (Doc. 5 ), GRANTS Petitioner's request to withdraw (Doc. 13), DISMISSES the petition (Doc. 1), and directs the Clerk of Court to TERMINATE all pending matters and CLOSE this case signed by District Judge Jennifer L. Thurston on July 9, 2026. (Deputy Clerk IM) (Entered: 07/09/2026)
Jul 09, 2026
Service by Mail
Jul 09, 2026
SERVICE BY MAIL: 14 Minute Order served on Julio Cesar Hernandez Gomez. (Deputy Clerk IM)
Jul 09, 2026
Findings and Recommendations AND Order on Motion for Miscellaneous Relief AND Order on Motion to Amend the Judgment AND ~Util - Terminate Civil Case
Jul 09, 2026
Minute Order
Jul 09, 2026
CASE CLOSED. (Deputy Clerk CM)