Eastern District of California • 1:26-cv-05090
(HC) Hernandez Rubio v. Andrews
Active
Case Information
Filed: July 02, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 28, 2026
Parties:
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Docket Entries
#1
Jul 02, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Romula Hernandez Rubio. (Deputy Clerk DAR) (Entered: 07/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Romula Hernandez Rubio. (Deputy Clerk DAR) (Entered: 07/06/2026)
Main Document:
In Forma Pauperis
#3
Jul 02, 2026
MOTION to APPOINT COUNSEL by Romula Hernandez Rubio. (Deputy Clerk DAR) (Entered: 07/06/2026)
Main Document:
Appoint Counsel
#4
Jul 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Romula Hernandez Rubio. (Deputy Clerk DAR) (Entered: 07/06/2026)
Main Document:
Temporary Restraining Order
#5
Jul 06, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/06/2026)
Main Document:
Immigration New Case Documents
#6
Jul 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 6, 2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/06/2026)
#7
Jul 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews (Rodriguez, Elisa) (Entered: 07/06/2026)
Main Document:
DESIGNATION
Jul 06, 2026
Service by Mail
Jul 06, 2026
Minute Order
Jul 06, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Romula Hernandez Rubio. (Deputy Clerk DAR)
Jul 06, 2026
SERVICE BY MAIL: 6 Minute Order served on Romula Hernandez Rubio. (Deputy Clerk MDK)
#8
Jul 08, 2026
OPPOSITION to 1 Petition for Writ of Habeas Corpus by Respondent Tonya Andrews. (Rodriguez, Elisa) Modified on 7/15/2026 (HAH). (Entered: 07/08/2026)
Main Document:
OPPOSITION
#9
Jul 09, 2026
Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Jul 09, 2026
Service by Mail
Jul 09, 2026
SERVICE BY MAIL: 9 Order served on Romula Hernandez Rubio. Copies of 9 Order, 1 Petition, and 8 Opposition served on Federal Defender, Habeas Appointment via email. (Deputy Clerk HAH)
Jul 14, 2026
RE-SERVICE BY MAIL: 5 Immigration New Case Documents, 6 Minute Order, and 9 Order served on Romula Hernandez Rubio with corrected A Number. (Deputy Clerk HAH)
Jul 14, 2026
Service by Mail
#10
Jul 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/17/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 9 . Attorney Timothy Hennessy is hereby appointed nunc pro tunc to 7/17/2026 as counsel for petitioner. The Clerk of Court shall update the docket to reflect Timothy Hennessy, Hennessy Law Group, 1217 L Street, Bakersfield, CA 93301 (661) 237-7179, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 07/17/2026)
Jul 17, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#11
Jul 24, 2026
TRAVERSE/REPLY by Romula Hernandez Rubio. (Hennessy, Timothy) Modified on 7/31/2026 (KS). (Entered: 07/24/2026)
Main Document:
TRAVERSE/REPLY
#12
Jul 28, 2026
Traverse
Main Document:
Traverse
Parties
Andrews
Party
(HC) Hernandez Rubio
Party