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

(HC) Cervantes Hernandez v. Warden, Mesa Verde Detention Center

Active

Case Information

Filed: September 14, 2026
Assigned to: Dale Alan Drozd
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 16, 2026
Parties: View All Parties →

Docket Entries

#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)
Main Document: Petition for Writ of Habeas Corpus
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)
Main Document: Immigration New Case Documents
#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)
Main Document: DESIGNATION
#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
Minute Order
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
SERVICE BY MAIL: 4 Minute Order served on Fabio Ramon Cervantes Hernandez. (Deputy Clerk NAC)

Parties

(HC) Cervantes Hernandez
Party
Warden, Mesa Verde Detention Center
Party