Eastern District of California • 2:26-cv-01278
(HC) Gazan-Perez v. Warden
Active
Case Information
Filed: April 02, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 09, 2026
Parties:
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Docket Entries
#1
Apr 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Aliosni Gazan-Perez. (Deputy Clerk RRB) (Entered: 04/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Aliosni Gazan-Perez. (Deputy Clerk RRB) (Entered: 04/02/2026)
Main Document:
Temporary Restraining Order
#3
Apr 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/7/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 04/02/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Apr 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 2, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO") requesting the Court restrain Respondents from transferring Petitioner outside this district pending a ruling on his habeas petition. (ECF No. 2 .) 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). Additionally, the Court routinely issues such orders. Accordingly, Petitioner's Motion for TRO is GRANTED. Pending the outcome of the habeas petition, unless the Court orders otherwise, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co. 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). 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 April 6, 2026. Any response must include Petitioner's 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 habeas petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by April 13, 2026. The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/02/2026)
#5
Apr 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: 04/02/2026)
Main Document:
CONSENT/DECLINE
Apr 02, 2026
Minute Order AND Order on Motion for TRO
Apr 02, 2026
Service by Mail
Apr 02, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Aliosni Gazan-Perez. (Deputy Clerk RRB)
Apr 02, 2026
SERVICE BY MAIL: 4 Minute Order served on Aliosni Gazan-Perez. (Deputy Clerk MDK)
#7
May 06, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#8
May 08, 2026
ORDER signed by Chief District Judge Troy L. Nunley on May 8, 2026 ORDERING the Petition for Writ of Habeas Corpus (ECF No. 1 ) GRANTED. Petitioner's Motion to Expedite Proceedings (ECF No. 7 ) is DENIED as MOOT. Respondents must IMMEDIATELY R ELEASE Petitioner Aliosni G.P. (A# 213-449-605) from custody. At the time of release, Respondents must provide a copy of this Order to Petitioner and return all of Petitioner's documents and possessions. Respondents must file a notice of complia nce with this Order by May 11, 2026. To avoid further irreparable harm and protect the public interest, Respondents are ENJOINED from re-detaining Petitioner absent compliance with constitutional protections, including a minimum of seven-days' n otice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents dem onstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constitutionally protected interest in remaining free from detention . At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk is directed to serve the California City Corrections Center with a copy of thisOrder. The Clerk of the Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED. (TEXT ONLY ENTRY) (cc: Ca City) (Deputy Clerk MDK)
#9
May 08, 2026
Judgment
Main Document:
Judgment
May 08, 2026
Service by Mail
#10
May 09, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
(HC) Gazan-Perez
Party
Warden
Party