Eastern District of California • 1:26-cv-06381

#1

Aug 11, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Francisco Alvarez Hernandez. (Deputy Clerk DAR) (Entered: 08/12/2026)

Aug 11, 2026

RECEIPT number 100009194 for $5.00 for Francisco Alvarez Hernandez from Cal City Immigration Processing. (Deputy Clerk DAR)

#2

Aug 12, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/12/2026)

#3

Aug 12, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Detention Center (Williams, Jonathan) (Entered: 08/12/2026)

Aug 12, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Francisco Alvarez Hernandez. (Deputy Clerk DAR)

Aug 12, 2026

Service by Mail

#4

Aug 13, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/13/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/13/2026)

#5

Aug 13, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/13/2026 DIRECTING Respondent to show cause why the writ should not be granted by filing an answer within 7 days. Petitioner may file a reply within 3 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the reply. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in his/her release or that a travel document is obtained for petitioner that will result in his/her imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondent shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 08/13/2026)

Aug 13, 2026

SERVICE BY MAIL: 4 Minute Order served on Francisco Alvarez Hernandez. (Deputy Clerk MDK)

Aug 13, 2026

Minute Order

Aug 13, 2026

Service by Mail

Aug 13, 2026

SERVICE BY MAIL: 5 Minute Order served on Francisco Alvarez Hernandez. (Deputy Clerk SH)

#6

Aug 20, 2026

RESPONSE by Warden, California City Detention Center to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A-DHS Records)(Williams, Jonathan) (Entered: 08/20/2026)

#7

Aug 28, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 008/27/26 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted; that Respondent be ordered to immediately release Petitioner Francisco Alvarez Hernandez (A#243-163-206) from custody and to return all of Petitioner's documents and possessions; that Respondent be directed to file a notice certifying compliance within 3 days from the date of any final order requiring release; that if the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove that Petitioner is a flight risk or danger to the community such that his re-detention is warranted; that the final order entered in this case not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal; and that Clerk serve a copy of any release order on the California City Detention Facility; enter judgment in favor of Petitioner; and close this case. Referred to Judge Troy L. Nunley; Objections to these F&Rs due within 3 days. (Deputy Clerk AJB) (Entered: 08/28/2026)

Aug 28, 2026

Service by Mail

Aug 28, 2026

SERVICE BY MAIL: 7 Findings and Recommendations served on Francisco Alvarez Hernandez. (Deputy Clerk AJB)

#8

Aug 29, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 7 by Respondent Warden, California City Detention Center. (Williams, Jonathan) (Entered: 08/29/2026)

#9

Sep 02, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 9/2/2026 ADOPTING the 7 findings and recommendations in full and GRANTING the 1 petition for writ of habeas corpus on count four. Respondent is ORDERED to IMMEDIATELY RELEASE Petitioner Francisco Alverz H. (A# 243-163-206) from their custody and to return all of Petitioner's documents and possessions at the time of release. Respondent shall file a notice of compliance with this provision by 9/4/2026. Respondent is ENJOINED and RESTRAINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government shows by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. See Zadvydas v. Davis, 533 U.S. 678, 690 (2001); Hernandez v. Sessions, 872 F.3d 976, 990 (2017). At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court shall serve this Order on California City Detention Facility, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY) (Entered: 09/02/2026)

#10

Sep 02, 2026

JUDGMENT dated *9/2/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 9/2/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 09/02/2026)

Sep 02, 2026

Service by Mail

Sep 02, 2026

SERVICE BY MAIL: 9 Order, 10 Judgment served on Francisco Alvarez Hernandez. (Deputy Clerk KLY)

#11

Sep 04, 2026

Notice of Compliance