Eastern District of California • 1:26-cv-07402
(HC) Fernandez-Fajardo v. Warden, California City Immigration Processing Center
Active
Case Information
Filed: September 14, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 14, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Alexander Fernandez-Fajardo. (Deputy Clerk DAR) (Entered: 09/15/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 14, 2026
MOTION for Court to Effect Service by Alexander Fernandez-Fajardo. (Deputy Clerk DAR) (Entered: 09/15/2026)
Main Document:
Miscellaneous Relief
Sep 14, 2026
RECEIPT number 100009590 for $5.00 from Alexander Fernandez-Fajardo. (Deputy Clerk DAR)
#3
Sep 15, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/15/2026)
Main Document:
Immigration New Case Documents
#4
Sep 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Immigration Processing Center (Williams, Jonathan) (Entered: 09/15/2026)
Main Document:
DESIGNATION
Sep 15, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Alexander Fernandez-Fajardo. (Deputy Clerk DAR)
Sep 15, 2026
Service by Mail
#5
Sep 16, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 9/16/2026 GRANTING Petitioner's motion for the Court to effect service; DIRECTING Respondent to file an answer or motion to dismiss within 7 days from the date of this order; Respondent is warned that the failure to respond to the petition will be interpreted as non-opposition to granting the relief requested in the habeas petition; Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondent's answer or motion to dismiss. A reply by respondent to an opposition to a motion to dismiss is due within 7 days after being served with the opposition; and Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. Any change of address must be reported promptly to the court in a separate document captioned for this case and entitled "Notice of Change of Address." A notice of change of address must be properly served on other parties. Service of documents at the address of record for a party is fully effective. L.R. 182(f). (Deputy Clerk RRB) (Entered: 09/16/2026)
Main Document:
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion for Miscellaneous Relief
Sep 16, 2026
SERVICE BY MAIL: 5 Order served on Alexander Fernandez-Fajardo. (Deputy Clerk RRB)
Sep 16, 2026
Service by Mail
#6
Sep 23, 2026
REPLY by Warden, California City Immigration Processing Center re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A-DHS Records)(Williams, Jonathan) (Entered: 09/23/2026)
Main Document:
REPLY
#7
Oct 06, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/06/2026 RECOMMENDING that: The 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to immediately release Petitioner Alexander Fernandez-Fajardo (A# 220-689-862) and be ordered to provide Petitioner with a copy of the release order at or near the time of release. If Respondent has custody of Petitioner's personal possessions and documents (e.g., identification, passport, work permit, Social Security card, etc.), Respondent shall return those to Petitioner at the time of release; Respondent be enjoined and restrained from re-detaining Petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation, constitutionally adequate bond hearing before a neutral decisionmaker, that Petitioner is a flight risk or danger to the community such that his physical custody is legally justified. This injunction does not address other circumstances where detention authority is established under different authority than what is presented in this case (e.g., 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231); Given Petitioner's pro se status, Respondent be directed to file, within 7 days of the adoption of these findings and recommendations, a status report addressing Petitioner's status; and that the Clerk be directed to enter judgment in favor of Petitioner and close this case. Referred to Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS) (Entered: 10/06/2026)
Oct 06, 2026
Service by Mail
Oct 06, 2026
SERVICE BY MAIL: 7 Findings and Recommendations served on Alexander Fernandez-Fajardo. (Deputy Clerk KS)
#8
Oct 12, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#9
Oct 20, 2026
ORDER signed by District Judge Dale A. Drozd on 10/20/2026 ADOPTING 7 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATRELY RELEASE Petitioner Alexander Fernandez-Fajardo 220-689 -862 from respondent's custody on the same conditions, prior to re-detention on 8/11/26. Respondent is ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without written notice and a hearing befo re an immigration judge where respondent will have the burden of establishing that petitioner is either a danger or flight risk by clear and convincing evidence and the court is DIRECTED to enter judgment in favor of petitioner and close this case. CASE CLOSED. (cc California City) (Deputy Clerk AMW)
#10
Oct 21, 2026
Judgment
Main Document:
Judgment
Oct 21, 2026
Service by Mail
Parties
(HC) Fernandez-Fajardo
Party
Warden, California City Immigration Processing Center
Party