Eastern District of California • 1:26-cv-08532

(HC) Raymundo Hernandez v. Warden Golden State Annex

Active

Case Information

Filed: October 18, 2026
Assigned to: Kirk E. Sherriff
Referred to: Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 20, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 18, 2026
PETITION for WRIT of HABEAS CORPUS against Warden Golden State Annex by Martin Raymundo Hernandez. (Filing fee $ 5, receipt number ACAEDC-14027412) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Barbosa, Cynthia) (Entered: 10/18/2026)
Main Document: PETITION
#2
Oct 19, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/19/2026)
Main Document: Immigration New Case Documents
#3
Oct 20, 2026
MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 10/20/2026: The Court has reviewed Petitioner's petition for writ of habeas corpus. (Doc. 1 ). In it, Petitioner asserts that he is entitled to immediate release in that his arrest by immigration authorities was unlawful because it was not made pursuant to an administrative warrant (Form I-200) issued prior to commencement of immigration proceedings pursuant to a Notice to Appear. The petition does not address or acknowledge the authority of immigration officers under certain circumstances to effect a warrantless arrest and issue a warrant within 48 hours thereafter. See 8 U.S.C. § 1357(a)(2); 8 C.F.R. § 287.3(d) The pleadings appear to raise factual and legal issues that the Ninth Circuit has resolved in holding that 8 U.S.C. § 1226(a) provides the proper framework for detention by immigration authorities of noncitizens already residing in the United States. See Rodriguez Vasquez v. Bostock, 183 F.4th 1160, 1172 (9th Cir. 2026) (holding that section 1226 "is best understood as governing inadmissible and deportable aliens present in the interior of the United States."); see also Padilla v. U.S. Immig. And Cust. Enf't, -- F.4th --, No. 24-2801, 2026 WL 2822044, at *19 (9th Cir. Sept. 21, 2026) (recognizing that "[n]oncitizens who arrive illegally and are found away from the border well after arrival are protected from arbitrary detention in violation of the Due Process Clause."). Accordingly, pursuant to 28 U.S.C. § 2243, the Court HEREBY ORDERS Respondents to SHOW CAUSE in writing no later than 11/3/2026 as to whether there are any factual or legal issues in this case that render it distinct from the cases listed above and would justify denial of the writ. Respondents' response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File and other supporting documents, including notices to appear, arrest warrants, Forms I-213, orders and other documents relating to any prior encounter of Petitioner by immigration authorities and any release from custody, and documents related to any asserted violations of release conditions or any asserted change of circumstances warranting Petitioner's detention. Petitioner may file a reply no later than 11/13/2026. (Deputy Clerk CRB) (Entered: 10/20/2026)
Oct 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Parties

(HC) Raymundo Hernandez
Party
Warden Golden State Annex
Party