Eastern District of California • 1:26-cv-08011

#1

Sep 28, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting Warden of California City Detention Center by Rudy Hernandez Gomez. (Deputy Clerk AML) (Entered: 09/29/2026)

#2

Sep 28, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Rudy Hernandez Gomez. (Deputy Clerk AML) (Entered: 09/29/2026)

#3

Sep 28, 2026

MOTION to APPOINT COUNSEL by Rudy Hernandez Gomez. (Deputy Clerk AML) (Entered: 09/29/2026)

#4

Sep 28, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Rudy Hernandez Gomez. (Deputy Clerk AML) (Entered: 09/29/2026)

#5

Sep 29, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 09/29/2026)

#6

Sep 29, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Rudy Hernandez Gomez signed by Magistrate Judge Erica P. Grosjean on 9/29/2026. (Deputy Clerk AML) (Entered: 09/29/2026)

#7

Sep 29, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/29/2026: (Text Only Entry) The Court has reviewed the 1 petition for writ of habeas corpus and the 4 motion for temporary restraining order. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 4 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file a response to the 1 petition by October 1, 2026. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). This order does not prohibit the temporary transfer of petitioner outside of the District for urgent medical care, though petitioner shall be returned to the District upon the conclusion of such care. Respondents shall notify the Court of any such transfer out of the district. (Deputy Clerk CLA) (Entered: 09/29/2026)

#8

Sep 29, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Warden of California City Detention Center (Yu, Jonathan) (Entered: 09/29/2026)

Sep 29, 2026

SERVICE BY MAIL: 6 Order Authorizing IFP Status, 5 Immigration New Case Documents served on Rudy Hernandez Gomez. (Deputy Clerk AML)

Sep 29, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Sep 29, 2026

Service by Mail

Sep 29, 2026

SERVICE BY MAIL: 7 Minute Order served on Rudy Hernandez Gomez. (Deputy Clerk CLA)

#9

Oct 05, 2026

OPPOSITION by Respondent Current or Acting Warden of California City Detention Center to 7 Minute Order,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,, 1 Petition for Writ of Habeas Corpus, 4 MOTION for TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Yu, Jonathan) (Entered: 10/05/2026)

#10

Oct 08, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/08/2026: (Text Only Entry): The 4 motion for temporary restraining order is denied. Petitioner has been detained since August 11, 2026, and seeks immediate release under the Due Process Clause. Doc. 1 at 2, 25-27. Respondent argues that petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c)(1)(E). Doc. 9 at 1. § 1226(c)(1)(E) requires mandatory detention of certain noncitizens who are charged with, arrested for, or convicted of "acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person." Respondent has submitted evidence that petitioner was convicted on May 12, 2026 of aggravated assault causing bodily injury under Texas Penal Code § 22.02. Doc. 9-1 at 2. Petitioner fails to show a likelihood that his detention is not covered by 8 U.S.C. § 1226(c)(1)(E), or that his detention has become unduly prolonged. The 4 motion for temporary restraining order is therefore denied, and this matter is referred to the assigned magistrate judge for further proceedings on the petition. (Deputy Clerk VMG) (Entered: 10/08/2026)

Oct 08, 2026

SERVICE BY MAIL: 10 Minute Order, served on Rudy Hernandez Gomez. (Deputy Clerk VMG)

Oct 08, 2026

Service by Mail

Oct 08, 2026

Minute Order AND Order on Motion for TRO

#11

Oct 09, 2026

ORDER Setting Briefing Schedule, signed by Magistrate Judge Erica P. Grosjean on 10/9/2026. The Court HEREBY ORDERS that within THIRTY (30) days of the date of service of this order, Petitioner may file a reply to Respondent's opposition. (Deputy Clerk ED) (Entered: 10/09/2026)

Oct 09, 2026

SERVICE BY MAIL: 11 Order, served on Rudy Hernandez Gomez. (Deputy Clerk ED)

Oct 09, 2026

Service by Mail

#12

Nov 06, 2026

Traverse