Eastern District of California • 2:26-cv-00873
(HC) Perez Perez v. Warden
Completed
Case Information
Filed: March 13, 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
Completed: March 20, 2026
Last Activity:
March 25, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Juan Jose Perez Perez. (Deputy Clerk VLC) (Entered: 03/13/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Jose Perez Perez. (Deputy Clerk VLC) (Entered: 03/13/2026)
Main Document:
Temporary Restraining Order
#3
Mar 13, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/16/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 03/13/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Mar 13, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 3/13/2026: 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 in Count 2 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. The Court intends to rule directly on the 1 Petition for Writ of Habeas Corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before March 19, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. The Clerk of the Court shall serve a copy of this Order together with a copy of Petitioner's 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and the 2 Motion for Temporary Restraining Order on the United States Attorney. Counsel for Respondents shall promptly enter notices of appearance. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 03/13/2026)
Mar 13, 2026
SERVICE BY MAIL: 4 Minute Order served on Juan Jose Perez Perez. (Deputy Clerk GJM)
Mar 13, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Juan Jose Perez Perez. (Deputy Clerk VLC)
Mar 13, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 13, 2026
Service by Mail
#6
Mar 14, 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: 03/14/2026)
Main Document:
CONSENT/DECLINE
Mar 16, 2026
RECEIPT number 200017689 for $5.00 from Juan Jose Perez Perez. (Deputy Clerk OML)
#7
Mar 19, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#8
Mar 20, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#9
Mar 20, 2026
Judgment
Main Document:
Judgment
#10
Mar 24, 2026
[DISREGARD ENTERED IN ERROR] MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 03/24/2026. Petitioner, Tania Moreno Gomez (A# not listed), a self-represented immigration detainee, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and paid the filing fee. ECF No. 1 . The court has reviewed the 1 Petition for Writ of Habeas Corpus, which asserts petitioner's detention violates the Immigration and Nationality Act ("INA")and the Fifth Amendment Due Process Clause and seeks, among other things, her immediate release. Because petitioner may be entitled to the requested relief if the claimed violations are proved, respondents will be served with the § 2241 petition and directed to show cause why the writ should not be granted by filing an answer/return. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. Respondents are directed to file an answer/return within 14 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish this case from Perez v. Warden, 2:26-cv-0873 DJC AC, 2026 WL 788131 (E.D. Cal. March 20, 2026) and E.L.D.M. v. Becerra, No. 1:25-cv-1906 DJC JDP, 2025 WL 3707140 (E.D. Cal. Dec. 22, 2025), with respect to Count 1 (violation of the INA). If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) Modified on 3/24/2026 (JAA). (Entered: 03/24/2026)
Mar 24, 2026
Service by Mail
Mar 24, 2026
Minute Order
Mar 24, 2026
SERVICE BY MAIL: 10 Minute Order served on Juan Jose Perez Perez. (Deputy Clerk JAA)
#11
Mar 25, 2026
CLERK'S NOTICE OF DOCKET CORRECTION: The Order at ECF No. 8 was replaced to reflect the correct case number. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 03/25/2026)
Mar 25, 2026
Service by Mail
Mar 25, 2026
SERVICE BY MAIL: 8 Order, 11 Clerk's Notice of Docket Correction served on Juan Jose Perez Perez. (Deputy Clerk GJM)
Parties
(HC) Perez Perez
Party
Warden
Party