Central District of California • 5:26-cv-04403
Felipe Hernandez Garcia v. U.S. Immigration and Customs Enforcement
Active
Case Information
Filed: August 03, 2026
Assigned to:
John Arnold Kronstadt
Referred to:
Christina T. Shay
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
September 11, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 03, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge John A. Kronstadt and referred to Magistrate Judge Christina T. Shay. (Filing fee $ 5 FEE PAID.), filed by Petitioner Felipe Hernandez Garcia. (et) Modified on 8/24/2026 (mrv). (Entered: 08/05/2026)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#2
Aug 03, 2026
EX PARTE MOTION OF MOTION AND PETITIONER'S EMERGENCY APPLICATION FOR TEMPORARY ORDER AND STAY OF REMOVAL filed by Petitioner Felipe Hernandez Garcia. (et) (Entered: 08/05/2026)
Main Document:
Stay Order (other) AND Temporary Restraining Order
#3
Aug 03, 2026
MEMORANDUM OF LAW IN SUPPORT OF A EX PARTE MOTION OF MOTION AND PETITIONER'S EMERGENCY APPLICATION FOR TEMPORARY ORDER AND STAY OF REMOVAL 2 filed by Petitioner Felipe Hernandez Garcia. (et) (Entered: 08/05/2026)
Main Document:
Memorandum in Support of Motion
#4
Aug 05, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John A. Kronstadt and referred to Magistrate Judge Christina T. Shay, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (et) (Entered: 08/05/2026)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#5
Aug 05, 2026
Notice of General Order 26-05 and Briefing Schedule. (et) (Entered: 08/05/2026)
Main Document:
Notice (Scheduling Order 2241) - optional html form
#6
Aug 05, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (et) (Entered: 08/05/2026)
Main Document:
Notice of Resources for ProSe Litigants (CV-134) - optional html form
#7
Aug 05, 2026
ORDER RE EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (DKT. 2) by Judge John A. Kronstadt 2 Based on the foregoing analysis, the Application is DENIED. Pursuant to General Order Nos. 05-07 and 26-05, the Petition is REFERRED to Magistrate Judge Shay for the preparation of a Report and Recommendation. IT IS SO ORDERED. (pj) (Entered: 08/05/2026)
#8
Aug 11, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Katherine M Hikida counsel for Respondents Todd Blanche, Thomas P. Giles, Todd Lyons, D. Marin, Markwayne Mullin, U.S. Immigration and Customs Enforcement. Adding Katherine M. Hikida as counsel of record for Federal Respondents for the reason indicated in the G-123 Notice. Filed by Federal Respondents in their official capacities. (Attachments: # 1 Proof of Service)(Attorney Katherine M Hikida added to party Todd Blanche(pty:res), Attorney Katherine M Hikida added to party Thomas P. Giles(pty:res), Attorney Katherine M Hikida added to party Todd Lyons(pty:res), Attorney Katherine M Hikida added to party D. Marin(pty:res), Attorney Katherine M Hikida added to party Markwayne Mullin(pty:res), Attorney Katherine M Hikida added to party U.S. Immigration and Customs Enforcement(pty:res))(Hikida, Katherine) (Entered: 08/11/2026)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#9
Aug 12, 2026
RESPONSE filed by Respondents Todd Blanche, Thomas P. Giles, Todd Lyons, D. Marin, Markwayne Mullin, U.S. Immigration and Customs Enforcementto Petition for Writ of Habeas Corpus (2241), 1 (Attachments: # 1 Proof of Service)(Hikida, Katherine) (Entered: 08/12/2026)
Main Document:
Response
#10
Aug 18, 2026
REPORT AND RECOMMENDATION issued by Magistrate Judge Christina T. Shay. Re (TERMED)Petition for Writ of Habeas Corpus (2241), 1 (mmc) (Entered: 08/18/2026)
Main Document:
Report and Recommendation (Issued)
#11
Aug 24, 2026
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Christina T. Shay: granting 10 re Petition for Writ of Habeas Corpus 1 IT THEREFORE IS ORDERED that: 1. The Report and Recommendation is accepted and adopted; 2. Respondents are ENJOINED from continuing to detain Petitioner Felipe Hernandez Garcia (A 246-061-374) unless, within seven (7) days of the date of any order adopting this Report and Recommendation, he is provided with an individualized bond hearing before an immigration judge at which Respondents bear the burden of showing by clear and convincing evidence that Petitioner poses a flight risk or danger to the public; and 3. Respondents must file a status report within fourteen (14) days of the date of any order adopting this Report and Recommendation. (SEE DOCUMENT FOR FURTHER DETAILS). (mrv) (Entered: 08/24/2026)
#12
Sep 04, 2026
STATUS REPORT filed by Respondents Todd Blanche, Thomas P. Giles, Todd Lyons, D. Marin, Markwayne Mullin, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proof of Service)(Hikida, Katherine) (Entered: 09/04/2026)
Main Document:
Status Report
#13
Sep 05, 2026
(IN CHAMBERS) ORDER RE GOVERNMENT'S STATUS REPORT (Dkt. 12 ) by Judge John A. Kronstadt: Based on a review of Respondent's Status Report (Dkt. 12 ), which was timely filed pursuant to the August 24, 2026 Order Accepting Report and Recommendation of United States Magistrate Judge (Dkt. 11 (Order), Respondent has shown its compliance with the Order. However, in light of the statements by Petitioners counsel during the hearings before the Immigration Judge on August 26 and 28, 2026, a substantive bond hearing has not been conducted because Petitioners counsel was not fully prepared to proceed. Dkt. [12-3]. To facilitate judicial and party efficiency in this action, on or before September 9, 2026 at Noon, after meeting and conferring, counsel for the parties shall file a joint statement as to their respective and/or collective position(s) on whether a renewed bond hearing should proceed, and if so, a suitable date for such a hearing that is convenient to counsel and that will provide sufficient time for Petitioner's counsel to be prepared for the hearing. If the parties agree to proceed with a renewed bond hearing, they may also file a corresponding stipulation and proposed order. Based on a review of the submission(s) by the parties, a determination will be made by the Court as to what further actions by one or both parties, if any, will be ordered in this proceeding. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rme) TEXT ONLY ENTRY (Entered: 09/05/2026)
Sep 05, 2026
Text Only Scheduling Notice
#14
Sep 08, 2026
STATEMENT RESPONDENTS STATEMENT filed by Respondents Todd Blanche, Thomas P. Giles, Todd Lyons, D. Marin, Markwayne Mullin, U.S. Immigration and Customs Enforcement (mj) re: Text Only Scheduling Notice,,,,, 13 . (Tursi, Joseph) (Entered: 09/08/2026)
Main Document:
Statement
#15
Sep 10, 2026
(IN CHAMBERS) ORDER RE GOVERNMENT'S STATEMENT (DKT. 14 ) FOLLOWING ISSUANCE OF STATUS REPORT (DKT. 12 ) by Judge John A. Kronstadt: A review of the Government's Statement filed on September 8, 2026 (Dkt. 14 ), the Government's Status Report filed on September 4, 2026 (Dkt. 12 ) and the Petition filed by Felipe Hernandez Garcia (Dkt. 1 ), shows that, at the second hearing before the Immigration Judge, Petitioner's counsel, Ms. Wood, withdrew Petitioner's bond determination request without prejudice, and stated that she did so because she was not prepared to proceed with the hearing on the merits on August 28, 2026. That was the hearing date set by the Immigration Judge based on the deadline in the August 24, 2026 Order Accepting Report and Recommendation of United States Magistrate Judge, which enjoined Respondents from continuing to detain Petitioner unless, within seven days of the date of the Order, he was provided with an individualized bond hearing. This resulted in causing Petitioner's Emergency Application for Temporary Restraining Order and Stay of Removal (Dkt. 2 ) to become moot. However, it did not resolve all of the matters alleged in the Petition. Further, there has been no showing that the withdrawal of the bond determination request at the August 28, 2026 hearing before the Immigration Judge because Ms. Wood was not ready to proceed, precludes a subsequent request for a bond hearing for Petitioner when Ms. Wood is ready to proceed. For all of the foregoing reasons, at present, there is no showing that the Petition is moot. Because Ms. Wood has not entered an appearance on the docket of this proceeding, on or before September 16, 2026, the Government shall serve Ms. Wood with its Status Report filed on September 4, 2026, and its Statement filed on September 8, 2026. On or before that same deadline, the Government shall provide the contact information that it has for Ms. Wood to the Courtroom Deputy Clerk, so that the Deputy Clerk can provide a copy of this Order to her. If Ms. Wood will be representing Petitioner in this proceeding, she shall promptly file a corresponding notice of appearance.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rme) TEXT ONLY ENTRY (Entered: 09/10/2026)
Sep 10, 2026
Text Only Scheduling Notice
#16
Sep 11, 2026
CERTIFICATE OF SERVICE filed by Federal Respondents Todd Blanche, Thomas P. Giles, Todd Lyons, D. Marin, Markwayne Mullin, U.S. Immigration and Customs Enforcement, re Statement 14, Status Report, 12 (mj) served on 09/11/2026. (Tursi, Joseph) (Entered: 09/11/2026)
Main Document:
Proof of Service (subsequent documents)
Parties
Felipe Hernandez Garcia
Party
U.S. Immigration and Customs Enforcement
Party