govinfo:USCOURTS-caed-1_26-cv-03529-0

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
 
 
 
 
1 
 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF CALIFORNIA 
 
BONIFACIO BALTAZAR FERNANDO, 
Petitioner, 
v. 
WARDEN OF THE GOLDEN STATE 
ANNEX DETENTION FACILITY, 
Respondents. 
No. 1:26-cv-03529-DJC-JDP 
 
RELEASE ORDER 
A# 240-398-199 
Petitioner Bonifacio Baltazar Fernando is an immigration detainee proceeding 
with a Petition for Writ of Habeas Corpus (ECF No. 1). The Court has previously 
addressed the legal issues raised in the Petition. See Morillo v. Albarran, No. 1:25-cv-
01533-DJC-AC, 2025 WL 3190899 (E.D. Cal. Nov. 15, 2025); see also E.L.D.M. v. 
Becerra, No. 1:25-cv-01906-DJC-JDP, 2025 WL 3707140 (E.D. Cal. Dec. 22, 2025). 
Pursuant to 28 U.S.C. § 2243, the Court directed Respondents to file a return 
showing cause why the Court should not grant a writ of habeas corpus and identify 
any factual or legal issues in this case that distinguish it from the Court’s prior orders. 
(ECF No. 5.) Respondents acknowledge that “there appears to be no substantive 
distinction between this case and the cases cited in the Court’s minute order . . . .” 
(ECF No. 6 at 1.) 

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
 
 
 
 
2 
 
Accordingly, as Respondents have not made any new legal arguments and 
have not identified any factual or legal issues in this case that would distinguish it from 
the Court’s prior decisions cited above, IT IS HEREBY ORDERED that the Petition for 
Writ of Habeas Corpus (ECF No. 1) is GRANTED for the reasons stated in those prior 
orders. 
Respondents are ORDERED to immediately release Petitioner Bonifacio 
Baltazar Fernando from their custody. Respondents shall not impose any additional 
restrictions on Petitioner, unless that is determined to be necessary at a future pre-
deprivation/custody hearing. If the government seeks to re-detain Petitioner, it must 
provide no less than seven (7) days’ notice to Petitioner and must hold a pre-
deprivation bond hearing before a neutral arbiter pursuant to section 1226(a) and its 
implementing regulations, at which Petitioner's eligibility for bond must be 
considered. This Order does not address the circumstances in which Respondents 
may detain Petitioner in the event Petitioner becomes subject to an executable final 
order of removal. 
Respondents shall file a status report within five (5) days confirming Petitioner’s 
release. 
The Clerk of the Court is directed to serve Golden State Annex with a copy of 
this Order. 
The Clerk of the Court is further directed to close this case and enter judgment 
for Petitioner. This Order resolves all pending motions. 
 
IT IS SO ORDERED. 
 
Dated: June 10, 2026 
Hon. Daniel J. Calabretta 
UNITED STATES DISTRICT JUDGE 
 

Passage view · GavelSight