Eastern District of California • 1:26-cv-01786

(HC) P. v. Warden

Active

Case Information

Filed: March 05, 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: June 25, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 05, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Madai Perez. (Deputy Clerk JAW) (Entered: 03/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 05, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Madai Perez. (Deputy Clerk JAW) (Entered: 03/06/2026)
Main Document: In Forma Pauperis
#3
Mar 05, 2026
MOTION to APPOINT COUNSEL by Madai Perez. (Deputy Clerk JAW) (Entered: 03/06/2026)
Main Document: Appoint Counsel
#4
Mar 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/9/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 03/06/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Mar 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 6, 2026: The Court has reviewed pro se Petitioner's Writ of Habeas Corpus and Request for Injunctive Relief. (ECF No. 1 ). In the petition, Petitioner writes "the balance of equity tips toward my favor because I am likely to succeed on the merits of a TRO and it is in [the] public interest that I shall get immediately released." Therefore, the Court construes Petitioner's request for injunctive relief as a motion for temporary restraining order ("TRO"). See Estelle v. Gamble, 429 U.S. 97, 106 (1976). Accordingly, Respondents shall file any opposition to Petitioner's motion for TRO by March 11, 2026. Any response must include Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the petition. Respondents shall also identify whether they have any objection to converting the motion for TRO into a motion for preliminary injunction and whether they request a hearing. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on this petition, the Court ORDERS that Respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). The Clerk of the Court shall serve a copy of this order together with a copy of the petition for writ of habeas corpus (ECF No. 1 ) on the Office of the United States Attorney. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/06/2026)
Mar 06, 2026
Service by Mail
Mar 06, 2026
SERVICE BY MAIL: 5 Minute Order served on Madai Perez. (Deputy Clerk MDK)
Mar 06, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Madai Perez. (Deputy Clerk JAW)
Mar 06, 2026
Minute Order
#6
Mar 07, 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: 03/07/2026)
Main Document: CONSENT/DECLINE
#7
Mar 09, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 03/07/2026 GRANTING Petitioner's 2 Motion to Proceed IFP and GRANTING Petitioner's 3 Motion to Appoint Counsel. Within 7 court days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Chief Judge Troy L. Nunley's courtroom deputy who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, the Court hereby authorizes them to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rules 170(b)(1). (Deputy Clerk KS) (Entered: 03/09/2026)
Main Document: ORDER
Mar 09, 2026
Service by Mail
Mar 09, 2026
SERVICE BY MAIL: 7 Order served on Madai P. (Deputy Clerk KS)
#8
Mar 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 13, 2026: This matter is before the Court on Petitioner's motion for temporary restraining order, as construed by the Court, and noticed to parties. (ECF Nos. 3, 5.) The motion is unopposed. Respondents did not file a response by this Court's deadline, nor did they request an extension of time, thus, the Court construes Respondents' failure to timely file as a non-opposition to the motion. See L.R. 230(c). The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) serious questions on his claims that Respondents violated the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip sharply in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by March 20, 2026. A failure to respond will again be construed as a non-opposition. L.R. 230(c). Petitioner may file a reply by March 26, 2026. The parties shall indicate whether they request a hearing. The bond requirement of Fed. R. Civ. P. 65(c) is waived. Respondents must file a notice of compliance with this Order by March 16, 2026. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/13/2026)
Mar 13, 2026
Minute Order
Mar 13, 2026
SERVICE BY MAIL: 8 Minute Order served on Madai P. (Deputy Clerk MDK)
Mar 13, 2026
Service by Mail
#9
Mar 16, 2026
Notice (Other)
Main Document: Notice (Other)
#10
Mar 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 3/17/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 7 . Attorney Reed Grantham is hereby appointed as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Reed Grantham, Assistant Federal Defender, 2300 Tulare St., Suite 330, Fresno, CA 93721, 559-487-5561, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 03/17/2026)
Mar 17, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Mar 17, 2026
Service by Mail
Mar 17, 2026
SERVICE BY MAIL: 10 Minute Order served on Madai P. (Deputy Clerk MDK)
#11
Mar 18, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 18, 2026: Respondents' notice of compliance (ECF No. 9 ) is inadequate. This Court ordered Petitioner's IMMEDIATE release on March 13, 2026 and Respondents have not yet confirmed Petitioner's custody status. Respondents must immediately file, no later than 5:00 p.m. today, a supplemental notice of compliance that identifies the date Petitioner was released, the terms and conditions of his release, and whether he was released with all of his documents and possessions. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/18/2026)
#12
Mar 18, 2026
Notice (Other)
Main Document: Notice (Other)
Mar 18, 2026
Minute Order
#13
Mar 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, attorney Tracey McDonald, GOVT terminated. (Andrews, Anthony) (Entered: 03/20/2026)
Main Document: DESIGNATION
#14
Mar 20, 2026
Dismiss
Main Document: Dismiss
#15
Mar 24, 2026
STIPULATION and PROPOSED ORDER To Modify Briefing Schedule by Madai P.. (Grantham, Reed) (Entered: 03/24/2026)
Main Document: STIPULATION
#16
Mar 25, 2026
Stipulation and Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Stipulation and Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 26, 2026
MAIL RETURNED as Undeliverable, Not in Custody: 8 Minute Order sent to Madai P. Notice of Change of Address due by 5/4/2026. (Deputy Clerk VLK)
#17
Apr 03, 2026
REPLY (Opposition) to 14 Motion to Dismiss by Madai P. (Grantham, Reed) Modified on 4/8/2026 (KS). (Entered: 04/03/2026)
Main Document: REPLY
#18
May 15, 2026
Notice of Appearance
Main Document: Notice of Appearance
#19
Jun 17, 2026
Preliminary Injunction
Main Document: Preliminary Injunction
#20
Jun 18, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 18, 2026: This matter is before the Court on Petitioner's Motion for Preliminary Injunction. (ECF No. 19 .) Respondents shall file any response to this motion no later than June 22, 2026. Any response must include a recording or transcript of the June 1, 2026 hearing. Petitioner may reply no later than June 24, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/18/2026)
Jun 18, 2026
Minute Order
#21
Jun 22, 2026
Opposition to Motion
Main Document: Opposition to Motion
#22
Jun 22, 2026
Notice (Other)
Main Document: Notice (Other)
#23
Jun 24, 2026
Reply to Response to Motion
Main Document: Reply to Response to Motion
#24
Jun 25, 2026
DIGITAL AUDIO RECORDING of Pre-Deprivation Hearing filed by Warden re 22, 21 . Date & Time 06/01/2026 09:00, Duration 01:28:43. File size [42.6 MB]. (Andrews, Anthony) (Entered: 06/25/2026)
Main Document: DIGITAL

Parties

(HC) Perez
Party
Warden
Party