Eastern District of California • 2:26-cv-01058

(HC) Calume Pertuz v. Warden, California City Correctional Center

Active

Case Information

Filed: March 23, 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: April 08, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 23, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Mario Rafael Calume Pertuz. (Deputy Clerk KML) (Entered: 03/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Mario Rafael Calume Pertuz. (Deputy Clerk KML) (Entered: 03/23/2026)
Main Document: Temporary Restraining Order
#3
Mar 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/27/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KML) (Entered: 03/23/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Mar 23, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 3/23/2026: Upon review of Petitioner's Motion for Temporary Restraining Order, the Court believes this case would benefit from the appointment of counsel. Within seven (7) 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 gmichel@caed.uscourts.gov, 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, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file a further brief in support of Petitioner's Motion for Temporary Restraining Order. If no further brief is filed in that time, this matter shall be referred to the assigned Magistrate Judge pursuant to Local Rule 302(c)(17). The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 03/23/2026)
Mar 23, 2026
Service by Mail
Mar 23, 2026
RECEIPT number 200017894 for $5.00 for Mario Rafael Calume Pertuz. (Deputy Clerk LMS)
Mar 23, 2026
SERVICE BY MAIL: 4 Minute Order served on Mario Rafael Calume Pertuz. (Deputy Clerk GJM)
Mar 23, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Mario Rafael Calume Pertuz. (Deputy Clerk KML)
Mar 23, 2026
Minute Order
#6
Mar 24, 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: 03/24/2026)
Main Document: CONSENT/DECLINE
#7
Mar 24, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 3/24/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 4. Attorney Jenya Parkman is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Jenya Parkman, AFD at 450 Golden Gate Avenue, 19th Floor, San Francisco, CA 94102, 415-436-7700, Jenya_Parkman@fd.org as counsel for Petitioner in this matter. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 03/24/2026)
Mar 24, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#8
Mar 27, 2026
Memorandum in Support of Motion
Main Document: Memorandum in Support of Motion
#9
Mar 31, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 3/31/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ) as well as Petitioner's later further memorandum in support of his Motion (ECF No. 8 ). The issues raised in Count 2 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. 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 April 3, 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. Petitioner may file a reply on or before April 6, 2026. This 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, the motion, and this order as well as provide the Petitioner's full name and A number to the US Attorney's Office by March 31, 2026, at 3:00 P.M., at their email usacae.ecf2241-imm@usdoj.gov. Petitioner's Counsel shall file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 03/31/2026)
#10
Mar 31, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
Mar 31, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Apr 03, 2026
RESPONSE to 9 ORDER to SHOW CAUSE by Warden, California City Correctional Center. (Dextre, Christopher) (Entered: 04/03/2026)
Main Document: RESPONSE
#12
Apr 03, 2026
REPLY by Mario Rafael Calume Pertuz re 11 Response to Order to Show Cause. (Parkman, Yevgeniy) (Entered: 04/03/2026)
Main Document: REPLY
#13
Apr 08, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#14
Apr 08, 2026
Judgment
Main Document: Judgment

Parties

(HC) Calume Pertuz
Party
Warden, California City Correctional Center
Party