Eastern District of California • 1:26-cv-07917

#1

Sep 28, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Jose Ruiz Hernandez. (Deputy Clerk DAR) (Entered: 09/30/2026)

Sep 28, 2026

RECEIPT number 2000021253 for $5.00 for Jose Ruiz Hernandez from The Geo Group. (Deputy Clerk DAR)

#2

Sep 30, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/30/2026)

#3

Sep 30, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden (Yu, Jonathan) (Entered: 09/30/2026)

Sep 30, 2026

Service by Mail

Sep 30, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Jose Ruiz Hernandez. (Deputy Clerk DAR)

#4

Oct 01, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/1/2026: 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: 10/01/2026)

Oct 01, 2026

SERVICE BY MAIL: 4 Minute Order served on Jose Ruiz Hernandez. (Deputy Clerk NAC)

Oct 01, 2026

Service by Mail

Oct 01, 2026

Minute Order

#5

Oct 08, 2026

ANSWER to 1 Petition for Writ of Habeas Corpus by Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Yu, Jonathan) Modified on 10/16/2026 (KS). (Entered: 10/08/2026)

#6

Oct 23, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/23/26 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that Respondent be ordered to immediately release petitioner (A-Number: 056-683-024) from i ts custody; 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 9; notice to petitioner and must hold a constitutionally compliant pre-deprivation bond hearing before a neutral arbiter at which the government bears the burden of proving flight risk or danger by clear and convincing evidence. This order does not a ddress the circumstances in which respondent may detain petitioner in the event petitioner becomes subject to an executable final order of removal. The Clerk be directed to serve Mesa Verde Detention Facility with a copy of this order, enter judgment accordingly and close this case. Referred to Judge Dale A. Drozd; Objections to these F&Rs due within 3 days. (Deputy Clerk AJB)

Oct 23, 2026

Service by Mail

#7

Oct 26, 2026

Objections to Findings and Recommendations