Eastern District of California • 1:26-cv-01675

(HC) Perez Perez v. Warden, California City Corrections Center

Active

Case Information

Filed: February 28, 2026
Assigned to: Dale Alan Drozd
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: March 16, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 28, 2026
PETITION for WRIT of HABEAS CORPUS against Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden of California City Corrections Center by Willians Alcides Perez Perez. (Filing fee $ 5, receipt number ACAEDC-12971275) (Attachments: # 1 Civil Cover Sheet)(Juarez, Nancy) (Entered: 02/28/2026)
Main Document: PETITION
#2
Feb 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Willians Alcides Perez Perez. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 02/28/2026)
Main Document: MOTION
#3
Mar 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/6/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/02/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 02, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 03/02/2026)
Main Document: CONSENT/DECLINE
#5
Mar 02, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/2/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, no later than tomorrow, 3/3/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Wednesday, 3/4/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC, 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 03/02/2026)
Mar 02, 2026
Minute Order
#6
Mar 03, 2026
Dismiss
Main Document: Dismiss
#7
Mar 03, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#8
Mar 03, 2026
REPLY by Willians Alcides Perez Perez re 7 Answer to Petition for Writ of Habeas Corpus. (Juarez, Nancy) (Entered: 03/03/2026)
Main Document: REPLY
#9
Mar 03, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#10
Mar 05, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/5/2026: On 2/28/2026, petitioner, proceeding pro se, filed a motion for a temporary restraining order (Doc. No. 2 ). On 3/3/2026, respondents filed their opposition (Doc. No. 6 ) to petitioner's motion. Respondents also state therein that they do not oppose treating the motion for temporary restraining order as a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Id. at 1-2.) Still, respondents oppose petitioner's motion, citing the decision Buenrostro-Mendez v. Bondi, No. 25-20496, 2026 WL 323330 (5th Cir. Feb. 6, 2026). (Id.) The court has recently explained why it finds the reasoning of the majority in Buenrostro-Mendez to be unpersuasive. See Iskandar Wasef v. Chestnut, et al., 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389 (Feb. 12, 2026). The court incorporates that reasoning here. The court further finds analogous and persuasive its prior analysis in Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026) where it found that the petitioner was likely to succeed on the merits of his claims in light of the final judgement entered in Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025), judgment entered sub nom. Maldonado Bautista v. Noem, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3678485 (C.D. Cal. Dec. 18, 2025) and incorporates that analysis herein as well. Here, petitioner entered the United States in 2013. (Doc. No. 1 at 3.) Petitioner was detained by Immigration and Customs Enforcement ("ICE") officers on 1/27/2026 while walking back from the grocery store in New Jersey. (Id. at 4.) Accordingly, pursuant to the court's reasoning as stated in Rangel, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a Motion for Preliminary Injunction and is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to provide petitioner a bond hearing within ten (10) days of the date of entry of this order; (2) Within three days of the bond hearing, respondents shall file a status report in this case confirming that petitioner has been provided the bond hearing; and (3) petitioner's request for a temporary restraining order ordering respondents to immediately release him is DENIED without prejudice. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The petition for habeas corpus (Doc. No. 1 ) and respondents' motion to dismiss (Doc. No. 6 ) are referred to Magistrate Judge Chi Soo Kim for further proceedings. (Deputy Clerk JRM) (Entered: 03/05/2026)
Mar 05, 2026
Minute Order AND Order on Motion for TRO
#11
Mar 13, 2026
STATUS REPORT by Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden of California City Corrections Center. (Black, Lauren) (Entered: 03/13/2026)
Main Document: STATUS
#12
Mar 16, 2026
RESPONSE by Willians Alcides Perez Perez to 11 Status Report. (Juarez, Nancy) (Entered: 03/16/2026)
Main Document: RESPONSE

Parties

(HC) Perez Perez
Party
Warden, California City Corrections Center
Party