Eastern District of California • 1:26-cv-04571

(HC) Funes Murillo v. Warden, California City Immigration Processing Center

Active

Case Information

Filed: June 15, 2026
Assigned to: Vince Chhabria
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 15, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Hernesto Magdeni Funes Murillo. [$5.00 filing fee received on 06/15/2026. Receipt to be docketed on 06/16/2026] (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Hernesto Magdeni Funes Murillo. (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document: Temporary Restraining Order
#3
Jun 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document: Immigration New Case Documents
#4
Jun 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden, California City Immigration Processing Center (Rodriguez, Camilo) (Entered: 06/16/2026)
Main Document: DESIGNATION
#5
Jun 16, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 6/16/2026: Petitioner contends that Respondents have failed to provide him with a bond hearing despite being ordered to do so on May 15, 2026 in Funes-Murrilo v. Mordant, et al., No. 2:26-cv-1267-KCD-NPM, Dkt. No. 15 (May 15, 2026, M.D. Fla.). As such, Respondents are ordered to hold a bond hearing for Petitioner pursuant to 8 U.S.C § 1226 and its implementing regulations within seven (7) days. The parties are ordered to submit a status report updating the Court on the outcome of the bond hearing by 6/24/26. Respondents are PROHIBITED from transferring Petitioner form the Eastern District of California while the 1 Habeas Petition is pending. As such, the 2 TRO, which only seeks an order enjoining Respondents from transferring Petitioner, is denied as moot. (Thomas, Julia) (Entered: 06/16/2026)
Jun 16, 2026
SERVICE BY MAIL: 5 Minute Order served on Hernesto Magdeni Funes Murillo. (Thomas, Julia)
Jun 16, 2026
Minute Order AND Order on Motion for TRO
Jun 16, 2026
Service by Mail
Jun 16, 2026
RECEIPT number 200019562 for $5.00 filing fee for Hernesto Magdeni Funes Murillo. (Deputy Clerk KML)
Jun 16, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Hernesto Magdeni Funes Murillo. (Deputy Clerk AKP)
#6
Jun 17, 2026
MOTION for RECONSIDERATION re 5 Minute Order,,,, Order on Motion for TRO,,, by Warden, California City Immigration Processing Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rodriguez, Camilo) (Entered: 06/17/2026)
Main Document: Reconsideration
#7
Jun 18, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 6/18/2026: Respondents 6 Motion for Reconsideration is GRANTED. The Court vacates its 5 Order entered on 6/16/2026 as to the requirement that Respondents provide Petitioner with a bond hearing. The portion from the order prohibiting Respondents from transferring Petitioner out of the Eastern District of California remains in place. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender.The Parties SHALL file a joint status report that includes a proposed briefing schedule on the petition within seven (7) days of counsel for petitioner's appointment. (Text Only Entry) (Thomas, Julia) (Entered: 06/18/2026)
Jun 18, 2026
Minute Order AND Order on Motion for Reconsideration
Jun 18, 2026
Service by Mail
Jun 18, 2026
SERVICE BY MAIL: 7 Minute Order on Motion for Reconsideration served on Petitioner. (Thomas, Julia)
#8
Jun 24, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Vince Chhabria on 6/24/2026: Pursuant to the Order appointing counsel dated 6/18/26 (ECF No. 7 ), the appointing authority for the Eastern District of California has confirmed that attorney Sara Leibee seeks appointment nunc pro tunc to 6/24/26 and notified the Court of Counsel's contact information. Attorney Sara Leibee is hereby appointed pro hac vice as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Attorney Sara Leibee, 222 Third Ave. SE, Suite 290, Cedar Rapids, IA 52401, 319-363-9540, as counsel for petitioner on an ad hoc basis in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 06/24/2026)
Jun 24, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#9
Jun 30, 2026
JOINT STATUS REPORT by Hernesto Magdeni Funes Murillo. (Leibee, Sara) (Entered: 06/30/2026)
Main Document: JOINT
#10
Jun 30, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 6/30/2026: The Court adopts the proposed schedule submitted by the parties. See Dkt. No. 9. Petitioner shall file an amended petition for habeas corpus by July 10, 2026. Respondent shall file a response to Petitioner's amended petition by July 17, 2026. Petitioner may file a reply to Respondent's response by July 21, 2026. (Text Only Entry) (Thomas, Julia) (Entered: 06/30/2026)
Jun 30, 2026
Minute Order
#11
Jul 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Zachary John Ray, GOVT for Warden, California City Immigration Processing Center, attorney Camilo Rodriguez, GOVT terminated (Ray, Zachary) (Entered: 07/10/2026)
Main Document: DESIGNATION
#12
Jul 10, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Hernesto Magdeni Funes Murillo. (Attachments: # 1 Declaration of Attorney Leibee with attachments, # 2 Declaration of Zabdi J. Salazar with exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 16, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Leibee, Sara) (Entered: 07/10/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#13
Jul 10, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Hernesto Magdeni Funes Murillo re 12 . Date & Time 05/29/2026 09:00, Duration 13:10. File size [4.6 MB]. (Leibee, Sara) (Entered: 07/10/2026)
Main Document: DIGITAL
#14
Jul 23, 2026
RESPONSE by UNITED STATES ATTORNEY GENERAL, Acting Director of U.S. Immigration and Customs Enforcement, DHS Secretary, ICE Field Office Director, Warden, California City Immigration Processing Center to 12 Amended Petition for Writ of Habeas Corpus,,. Attorney Ray, Zachary John added. (Attachments: # 1 Exhibit)(Ray, Zachary) (Entered: 07/23/2026)
Main Document: RESPONSE
#15
Jul 23, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 7/23/2026: The Court is in receipt of Respondents 14 Response to the Amended Petition. Though untimely, the Court will still consider it. Petitioner's deadline to file a reply is extended to 7/30/2026. (Text Only Entry) (Thomas, Julia) (Entered: 07/23/2026)
Jul 23, 2026
Minute Order
#16
Jul 30, 2026
REPLY by Hernesto Magdeni Funes Murillo re 14 Response, 12 Amended Petition for Writ of Habeas Corpus,,. (Leibee, Sara) (Entered: 07/30/2026)
Main Document: REPLY
#17
Jul 30, 2026
SUPPLEMENT by Hernesto Magdeni Funes Murillo re 16 Reply. (Leibee, Sara) (Entered: 07/30/2026)
Main Document: SUPPLEMENT
#18
Sep 30, 2026
ORDER signed by District Judge Vince Chhabria on 9/30/2026 GRANTING 12 Amended Petition for Writ of Habeas Corpus and ORDERING Respondents to IMMEDIATELY RELEASE Petitioner Hernesto Magdeni Funes-Murillo (A220-805-661) from their custody. Respondents shall not impose any additional restrictions on Petitioner, unless that is determined to be necessary at a future pre-deprivation and/or custody hearing. (CASE CLOSED) (cc California City Detention Facility) (Thomas, Julia)
Main Document: Order AND ~Util - Terminate Civil Case
#19
Sep 30, 2026
Judgment
Main Document: Judgment

Parties

(HC) Funes Murillo
Party
Warden, California City Immigration Processing Center
Party