Eastern District of California • 1:26-cv-07468
(HC) Hernandez Hernandez v. Warden, Central Valley Annex
Active
Case Information
Filed: September 15, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 02, 2026
Parties:
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Docket Entries
#1
Sep 17, 2026
Petition for Writ of Habeas Corpus
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 17, 2026
Notice of Change of Address
Main Document:
Notice of Change of Address
#3
Sep 17, 2026
Immigration New Case Documents
Main Document:
Immigration New Case Documents
Sep 17, 2026
Service by Mail
Sep 17, 2026
Minute Order
#6
Sep 21, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 9/21/2026 GRANTING petitioner 10 days to either pay the court's filing fee or file an IFP application. Respondents are directed to file an answer or motion to dismiss within 7 days from the date o f this order. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondents to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. (Deputy Clerk KEZ)
Sep 21, 2026
Service by Mail
#8
Oct 05, 2026
In Forma Pauperis
Main Document:
In Forma Pauperis
#10
Oct 16, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/16/2026 GRANTING 8 Motion to Proceed IFP and RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted as to the statutory claim; that respondents be ord ered to provide petitioner with a constitutionally adequate bond hearing before an immigration judge/neutral decisionmaker within 14 days of the adoption of these findings and recommendations; that respondents must provide petitioner and if petitione r has counsel, also petitioner's counsel, with at least 7 days' notice before the bond hearing; that if petitioner has counsel, petitioner shall be allowed to have counsel present at any such hearing; that given petitioner's pro se sta tus, respondents be directed to file, within 7 days of the adoption of these findings and recommendations, a status report addressing petitioner's status; and that the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Chief District Judge Troy L. Nunley. Objections due within 14 days of the date of these findings and recommendations. (Deputy Clerk HAH)
Oct 16, 2026
Service by Mail
#11
Nov 02, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 11/02/26 ADOPTING 10 Findings and Recommendations in full and GRANTING 1 Petition for Writ of Habeas Corpus as to the statutory claim. Respondent is ENJOINED from continuing to detain Pet itioner Angel Brayan Hernandez Hernandez (A# 246-581-018), while subject to 8 U.S.C. § 1226(a), for more than 14 days (unless Petitioner seeks additional time to prepare) without a bond hearing before a neutral factfinder at which the government bears the burden to establish that Petitioner's ongoing detention is justified due to danger to the public or flight risk. Respondent must provide at least 7 days' notice before the bond hearing. The factfinder must consider Petitioner 9;s financial circumstances for bond and alternative conditions of release. At any such hearing, Petitioner shall be allowed to have counsel present. If the government fails to meet its burden, Respondent must immediately release Petitioner. Within 2 court days from the date of the bond hearing, Respondent must file a notice of compliance and status with this Order. If Petitioner is released, Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining petitioner absent compliance with statutory and constitutional protections, including a minimum of 7-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents demonstrate evidence that protecting the public or ensuring Petitioner appears at fu ture immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention; Petitioner shall be allowed to have counsel present. The parties are advised that any further challenges related to the relief granted in this Order should be filed in this case, using the aforementioned case number (Case No. 1:26-cv-7468-TLN-CSK). Clerk to enter judgment in favor of Petitioner and close case. CASE CLOSED (Deputy Clerk AJB)
#12
Nov 02, 2026
Judgment
Main Document:
Judgment
Nov 02, 2026
Service by Mail
Parties
(HC) Hernandez Hernandez
Party
Warden, Central Valley Annex
Party