Eastern District of California • 1:26-cv-00408

(HC) Vivas Perez v. Robbins

Active

Case Information

Filed: January 19, 2026
Assigned to: Daniel J. Calabretta
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: January 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 19, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem, Timothy S. Robbins, U.S. Department of Homeland Security (DHS) by Gregori De Jesus VIvas Perez. (Filing fee $ 5, receipt number ACAEDC-12776587) (Attachments: # 1 Civil Cover Sheet)(Vergara, Jose) (Entered: 01/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Gregori De Jesus VIvas Perez. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Notice, # 4 Proposed Order, # 5 TRO checklist)(Vergara, Jose) (Entered: 01/19/2026)
Main Document: Temporary Restraining Order
#3
Jan 19, 2026
PROOF of SERVICE by Gregori De Jesus VIvas Perez re 1 Petition for Writ of Habeas Corpus and 2 Motion for TRO. (Vergara, Jose) (Entered: 01/19/2026)
Main Document: Certificate / Proof of Service
#4
Jan 20, 2026
Prisoner New Case Documents for DJ Presider
Main Document: Prisoner New Case Documents for DJ Presider
#6
Jan 20, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 01/20/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised therein appear to mirror those previously addressed by the Court in many prior cases. See Singh v. Andrews, No. 1:25-cv-01543-DJC-SCR; Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD. On or before January 22, 2026, Respondents are ordered to show cause as to whether there are any factual or legal issues in this case that render it distinct from the Court's prior orders in the cases listed above and would justify denial of a preliminary injunction. Respondents should also state whether they oppose this Court converting the Motion for Temporary Restraining Order to a Motion for Preliminary Injunction. Petitioner may follow a reply on or before January 23, 2026. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. Petitioner's counsel is DIRECTED to send a copy of the petition (ECF No. 1 ), the motion (ECF No. 2 ), and provide the Petitioner's full name and A number to the US Attorney's Office by January 20, 2026 at 5:00 P.M., at their email usacae.ecf2241-imm@usdoj.gov. [TEXT ONLY ORDER] (Deputy Clerk CRN) (Entered: 01/20/2026)
Jan 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Jan 21, 2026
Notice (Other)
Main Document: Notice (Other)
#8
Jan 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Pamela Bondi,Audrey Benison Hemesath, GOVT for Christopher Chestnut,Audrey Benison Hemesath, GOVT for Todd M. Lyons,Audrey Benison Hemesath, GOVT for Kristi Noem,Audrey Benison Hemesath, GOVT for Timothy S. Robbins,Audrey Benison Hemesath, GOVT for U.S. Department of Homeland Security (Hemesath, Audrey) (Entered: 01/22/2026)
Main Document: DESIGNATION
#9
Jan 22, 2026
OPPOSITION by Respondents Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem, Timothy S. Robbins, U.S. Department of Homeland Security to 1 Petition for Writ of Habeas Corpus, 2 MOTION for TEMPORARY RESTRAINING ORDER. (Hemesath, Audrey) (Entered: 01/22/2026)
Main Document: OPPOSITION
#10
Jan 22, 2026
Reply to Response to Motion
Main Document: Reply to Response to Motion
#11
Jan 22, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 1/22/2026: In light of Respondents' concession that there are no factual or legal issues in this case that render this case distinct from the prior cases cited in the Court's previous minute order (see ECF No. 9 at 1) and for the reasons stated in the orders in those prior cases (see ECF No. 6 ), IT IS HEREBY ORDERED that Petitioner's Motion for Temporary Restraining Order (ECF No. 2 ) is converted to a Motion for Preliminary Injunction and is GRANTED. Respondents are ORDERED to immediately release Petitioner Gregori De Jesus Vivas Perez from their custody. Respondents shall not impose any additional restrictions on him, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, pre-deprivation notice describing the change of circumstances necessitating his arrest and detention, and a timely hearing. At any such hearing, the Government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight, and Petitioner shall be allowed to have his counsel present. The merits of this matter are REFERRED to the assigned Magistrate Judge for all further pretrial proceedings. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 01/22/2026)
Jan 22, 2026
Minute Order AND Order on Motion for TRO
#12
Jan 26, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 01/26/2026. In their opposition to the motion for a temporary restraining order (ECF No. 9 ), respondents concede that there are no legal or factual issues to distinguish this case from the court's decisions cited in the court's prior minute order (ECF No. 6 ). Respondents also requested that if the preliminary injunction was granted that the court also grant the petition on the same grounds. Petitioner has now been granted a preliminary injunction (ECF No. 11 ). Respondent is therefore ORDERED TO SHOW CAUSE within fourteen days why the petition should not be granted and a permanent injunction entered on the same grounds as the preliminary injunction. Petitioner may file a reply within seven days thereafter. (Text Only Entry) (Deputy Clerk JAA) (Entered: 01/26/2026)
Jan 26, 2026
Minute Order
#13
Jan 28, 2026
RESPONSE to Minute Order, ECF No. 12; Submission on Previous Briefing by Respondents . (Hemesath, Audrey) Modified on 1/29/2026 (KLY). (Entered: 01/28/2026)
Main Document: RESPONSE

Parties

(HC) Vivas Perez
Party
Robbins
Party