Eastern District of California • 1:26-cv-07395

#1

Sep 14, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Center by Fabio Ramon Cervantes Hernandez. (Deputy Clerk RRB) (Entered: 09/16/2026)

Sep 15, 2026

RECEIPT number 100009605 for $5.00 for filing fee from The Geo Group Inc. (Deputy Clerk RRB)

#2

Sep 16, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 09/16/2026)

#3

Sep 16, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for Warden, Mesa Verde Detention Center (Paniagua, Carmen) (Entered: 09/16/2026)

#4

Sep 16, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/16/2026: Petitioner, an immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. Accordingly, it is hereby ORDERED that: 1. Within seven days of this order's service, respondent must file an answer to the petition. The answer must address the merits of the petition and set forth the "true cause of the detention." See 28 U.S.C. § 2243. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. Respondent shall attach any documents necessary for resolving the issues presented in the petition. Arguments that are not supported with relevant evidence will not be considered. 2. Petitioner may file a traverse to respondent's answer within seven days of the date of service of that answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 3. If respondent learns of petitioner's removal or any other change in petitioner's detention status, respondent shall submit a status report notifying the court as soon as practicably possible. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/16/2026)

Sep 16, 2026

SERVICE BY MAIL: 4 Minute Order served on Fabio Ramon Cervantes Hernandez. (Deputy Clerk NAC)

Sep 16, 2026

Service by Mail

Sep 16, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Fabio Ramon Cervantes Hernandez. (Deputy Clerk RRB)

Sep 16, 2026

Minute Order

#5

Sep 23, 2026

OPPOSITION by Respondent Warden, Mesa Verde Detention Center to 1 Petition for Writ of Habeas Corpus. Attorney Sanchez, Kimberly A. added. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Sanchez, Kimberly) (Entered: 09/23/2026)

#6

Oct 05, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/5/26 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to immediately release petitioner (A-Number: 215-945-232) from its custody on the same conditions, if any, as his prior release. Respondent shall not impose any additional restrictions on petitioner, unless that is determined to be necessary at a future pre-deprivation hearing. If the government seeks to re-detain petitioner, it must provide no less than 7 days' notice to petitioner and must hold a constitutionally compliant pre-deprivation bond hearing before a neutral arbiter; The Clerk of Court be directed to serve Mesa Verde Detention Facility with a copy of this order; and the Clerk of Court be ordered to enter judgment accordingly and close this case. Referred to Judge Dale A. Drozd. Objections due within 3 days of service of these findings and recommendations. (Deputy Clerk JAW) (Entered: 10/05/2026)

Oct 05, 2026

Service by Mail

Oct 05, 2026

SERVICE BY MAIL: 6 Findings and Recommendations served on Fabio Ramon Cervantes Hernandez. (Deputy Clerk JAW)

#7

Oct 11, 2026

ORDER signed by District Judge Dale A. Drozd on 10/9/2026 ADOPTING 6 Findings and Recommendations in Full and GRANTING 1 Petition for Writ of Habeas Corpus. Respondent is ORDERED to immediately release petitioner Fabio Ramon Cervantes Hernande z, A-File No. 215-945-232, from respondent's custody on the same conditions, if any, he was subject to prior to his re-detention on or about 08/11/2026. Respondent is ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without notice and a pre-deprivation hearing before an immigration judge. CASE CLOSED. (cc Mesa Verde) (Deputy Clerk JJD)

#8

Oct 11, 2026

JUDGMENT dated *10/11/2026* pursuant to order signed by District Judge Dale A. Drozd on 10/9/2026 in favor of Petitioner against Respondents. (Deputy Clerk JJD) (Entered: 10/11/2026)

Oct 11, 2026

SERVICE BY MAIL: 7 Order Adopting Findings and Recommendations served on Fabio Ramon Cervantes Hernandez. (Deputy Clerk JJD)

Oct 11, 2026

Service by Mail