Eastern District of California • 1:26-cv-07521
(HC) Rodriguez Hernandez v. Divver
Active
Case Information
Filed: September 17, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
October 01, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 14, 2026
Petition for Writ of Habeas Corpus against Todd Blanche, Patrick Divver, Christopher J. LaRose, Markwayne Mullin, Donald J. Trump ( Filing fee $ 5 DUE.), filed by Wilfredo Alejandro Rodriguez Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Writ of Habeas Corpus ad Prosequendum)The new case number is 3:26-cv-5303-RSH-MMP. Judge Robert S. Huie and Magistrate Judge Michelle M. Pettit are assigned to the case. (Wilfredo Alejandro Rodriguez Hernandez)(sjt) [Transferred from casd on 9/17/2026.] (Entered: 09/15/2026)
Main Document:
Petition
#2
Sep 14, 2026
MOTION to Appoint Counsel by Wilfredo Alejandro Rodriguez Hernandez. (sjt) [Transferred from casd on 9/17/2026.] (Entered: 09/15/2026)
Main Document:
MOTION
#3
Sep 14, 2026
MOTION for Temporary Restraining Order by Wilfredo Alejandro Rodriguez Hernandez. (sjt) [Transferred from casd on 9/17/2026.] (Entered: 09/15/2026)
Main Document:
MOTION
#4
Sep 16, 2026
MINUTE ORDER by District Judge Robert S. Huie: The Court adopts the Standard Procedures for this Immigration Habeas Petition from Chief Judge Order No. 144, which is available on the court's website. (All non-registered users served via U.S. Mail Service) (jar) [Transferred from casd on 9/17/2026.] (Entered: 09/16/2026)
#5
Sep 16, 2026
NOTICE of Transfer Out of District Before Petition Filed by Christopher J. LaRose (Dimbleby, Erin) (axc1). [Transferred from casd on 9/17/2026.] (Entered: 09/16/2026)
Main Document:
Notice (Other)
#6
Sep 16, 2026
Case transferred to District of District Court for the Eastern District of California. Files transferred electronically to: *District of District Court for the Eastern District of California*.*501 I Street, Room 4200**Sacramento, CA 95814*. Signed by District Judge Robert S. Huie on 9/16/2026. (Attachments: # 1 Transfer Order) (All non-registered users served via U.S. Mail Service)(axc1) [Transferred from casd on 9/17/2026.] (Entered: 09/16/2026)
Main Document:
~Util - Case Transferred Out - District
#7
Sep 17, 2026
CASE TRANSFERRED IN from District of California Southern; Case Number 3:26-cv-05303. (Entered: 09/17/2026)
Main Document:
Case Transferred In - District Transfer
#8
Sep 17, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk JPX) (Entered: 09/17/2026)
Main Document:
Immigration New Case Documents
#9
Sep 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/17/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting 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: 09/17/2026)
#10
Sep 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Respondents. (Rodriguez, Elisa) Modified on 9/21/2026 (HAH). (Entered: 09/17/2026)
Main Document:
DESIGNATION
Sep 17, 2026
Minute Order
Sep 17, 2026
SERVICE BY MAIL: 9 Minute Order served on Wilfredo Alejandro Rodriguez Hernandez. (Deputy Clerk MDK)
Sep 17, 2026
SERVICE BY MAIL: 8 Immigration New Case Documents served on Wilfredo Alejandro Rodriguez Hernandez. (Deputy Clerk JPX)
Sep 17, 2026
Service by Mail
Sep 21, 2026
RE-SERVICE BY MAIL: 8 Immigration New Case Documents, 9 Minute Order served on Wilfredo Alejandro Rodriguez Hernandez at California City. (Deputy Clerk HAH)
Sep 21, 2026
PETITIONER'S ADDRESS UPDATED to California City Immigration Processing Center, P.O. Box 2513, 22844 Virginia Boulevard, California City, CA 93505 pursuant to 6 -1 Transfer Order and confirmed with ICE locator. (Deputy Clerk HAH)
Sep 21, 2026
Service by Mail
#11
Sep 22, 2026
OPPOSITION by Respondents Todd Blanche, Patrick Divver, Christopher J. LaRose, Markwayne Mullin, Donald J. Trump. (Rodriguez, Elisa) (Entered: 09/22/2026)
Main Document:
OPPOSITION
#12
Sep 23, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 9/22/2026 ORDERING that Petitioner is provisionally authorized to proceed in forma pauperis without prepayment of the filing fee in this action, subject to Petitioner filing an application to proceed in forma pauperis within thirty (30) days from the date of this Order. The Clerk of the Court is directed to serve Petitioner with an application to proceed in forma pauperis. Petitioner's Motion to Appoint Counsel 2 is GRANTED. Within seven (7) days from the date of this Order, the appointing authority for the EDCA shall identify counsel and send counsel's contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update the docket to reflect counsel's appointment. Petitioner shall file a reply within seven (7) days from the date counsel is appointed. The Clerk of the Court shall serve a copy of this Order and the § 2241 petition on the Federal Defender, Attention: Habeas Appointment. (cc: FD Attention: Habeas Appointment) (Deputy Clerk LMS) (Entered: 09/23/2026)
Sep 23, 2026
SERVICE BY MAIL: 12 Order, on Rodriguez Hernandez, together with a new application to proceed in forma pauperis. (Deputy Clerk LMS)
Sep 23, 2026
Service by Mail
#13
Sep 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/29/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 12 . Attorney Manuel Corona Alvarado is hereby appointed nunc pro tunc to 9/29/2026 as counsel for petitioner. The Clerk of Court shall update the docket to reflect Manuel Corona Alvarado as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 09/29/2026)
Sep 29, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Oct 01, 2026
MAIL RETURNED as Undeliverable, Unclaimed, unable to forward, not at this address: 9 Minute Order sent to Wilfredo Alejandro Rodriguez Hernandez. Notice of Change of Address due by 11/9/2026. (Deputy Clerk DAR)
Parties
Divver
Party
(HC) Rodriguez Hernandez
Party