Eastern District of California • 1:26-cv-07309

(HC) Fernandez v. Warden, California City

Active

Case Information

Filed: September 10, 2026
Assigned to: Dale Alan Drozd
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 06, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 10, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City by Juan Manuel Fernandez. (Deputy Clerk DAR) (Entered: 09/11/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 10, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Juan Manuel Fernandez. (Deputy Clerk DAR) (Entered: 09/11/2026)
Main Document: In Forma Pauperis
#3
Sep 10, 2026
MOTION to APPOINT COUNSEL by Juan Manuel Fernandez. (Deputy Clerk DAR) (Entered: 09/11/2026)
Main Document: Appoint Counsel
#4
Sep 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/11/2026)
Main Document: Immigration New Case Documents
#5
Sep 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for Warden, California City (Paniagua, Carmen) (Entered: 09/11/2026)
Main Document: DESIGNATION
Sep 11, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Juan Manuel Fernandez. (Deputy Clerk DAR)
Sep 11, 2026
Service by Mail
#6
Sep 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 9/16/2026 GRANTING 2 Motion for IFP, DEFERRING the ruling on 3 Motion for Appointment of Counsel and DIRECTING Respondent to SHOW CAUSE within 7 days why the Writ should not be granted by filing an answer. Absent a further order of the court, the petition will be taken under submission after the filing of the answer. 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. 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 release or that a travel document is obtained for petitioner that will result in 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. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 09/16/2026)
Main Document: Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Set/Clear Flags
Sep 16, 2026
SERVICE BY MAIL: 6 Minute Order served on Juan Manuel Fernandez. (Deputy Clerk SH)
Sep 16, 2026
Service by Mail
#7
Sep 23, 2026
RESPONSE by Warden, California City to 1 Petition for Writ of Habeas Corpus. Attorney Alegria, Veronica M.A. added. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Ex. 3, # 4 Ex. 4)(Alegria, Veronica) (Entered: 09/23/2026)
Main Document: RESPONSE
#8
Sep 30, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 9/30/2026 RECOMMENDING Petitioner's 1 application for a writ of habeas corpus be granted with respect to Count Three; Respondent be ordered to provide Petitioner JUAN MANUEL FERNANDEZ (A# 019-528-235), with a constitutionally adequate bond hearing before an immigration judge at which the government shall bear the burden of justifying petitioner's continued detention by clear and convincing evidence, within 14 days of any order resolving the § 2241 petition, and with at least 7 days of advance notice to Petitioner and Petitioner's counsel; Respondent be further directed to file a notice certifying compliance with the above provision within 7 days from the date of the bond hearing; If Petitioner is granted release on bond, Respondent shall return all of Petitioner's documents and possessions at the time of release; Any order would 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; Judgement be entered in Petitioner's favor and this case be closed. Referred to Judge Dale A. Drozd. Objections to F&R due within 7 days. (Deputy Clerk KLY) (Entered: 09/30/2026)
Main Document: Findings and Recommendations
Sep 30, 2026
Service by Mail
Sep 30, 2026
SERVICE BY MAIL: 8 Findings and Recommendations served on Juan Manuel Fernandez. (Deputy Clerk KLY)
#9
Oct 06, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations

Parties

(HC) Fernandez
Party
Warden, California City
Party