Eastern District of California • 1:25-cv-01491
(HC) Cruz Perez v. Wofford
Terminated
Case Information
Filed: November 04, 2025
Assigned to:
Jennifer L. Thurston
Referred to:
Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Terminated: February 09, 2026
Last Activity:
February 09, 2026
Parties:
View All Parties →
Docket Entries
#1
Nov 04, 2025
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem, Minga Wofford by Yerson Josue Cruz Perez. (Attachments: # 1 Exhibit Exhibits to Habeas Petition, # 2 Civil Cover Sheet)(Moreno, Heliodoro) (Entered: 11/04/2025)
Main Document:
Petition for Writ of Habeas Corpus
#2
Nov 04, 2025
MOTION for TEMPORARY RESTRAINING ORDER by Yerson Josue Cruz Perez. (Attachments: # 1 Points and Authorities Memorandum of Points and Authorities in Support of TRO Motion, # 2 Exhibit Exhibits to Motion for TRO, # 3 Proposed Order, # 4 TRO Checklist)(Moreno, Heliodoro) (Entered: 11/04/2025)
Main Document:
Temporary Restraining Order
#3
Nov 04, 2025
ORDER RE CONSENT ISSUED. Consent or Decline due by 12/8/2025. (Deputy Clerk CM) (Entered: 11/04/2025)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Nov 04, 2025
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. (Moreno, Heliodoro) (Entered: 11/04/2025)
Main Document:
CONSENT/DECLINE
Nov 04, 2025
RECEIPT Number ACAEDC-12573019: $5.00 Habeas Fee from Moreno, Heliodoro, Jr. (Deputy Clerk OFR)
#5
Nov 05, 2025
MINUTE ORDER (Text Entry Only) The Court has reviewed the papers filed thus far in this matter, including the Petition (Doc. 1 ), motion for a temporary restraining order (Doc. 2 ) and all attachments. The record indicates that Petitioner was detained on September 13, 2025, almost two months ago, apparently at least in part based upon his criminal arrest record. Counsel attempts to justify the delay between Petitioner's re-detention and the filing of the TRO by explaining that Petitioner had to obtain counsel, who eventually met with Petitioner on October 15, 2025 and October 24, 2025 to prepare the filing, which still was not submitted until November 4, 2025, all of which undercuts any assertion of urgency. This overburdened Court simply cannot afford emergency treatment to matters that could have been brought at an earlier time by way of a regularly scheduled motion. Accordingly, the request for a TRO is DENIED pursuant to Local Rule 231(b). The matter is referred to the assigned magistrate judge for appropriate action signed by District Judge Jennifer L. Thurston on November 5, 2025. (Deputy Clerk IM) (Entered: 11/05/2025)
Nov 05, 2025
Order on Motion for TRO
#6
Nov 06, 2025
06 - HC/Order Requiring Respondent to File a Response
Main Document:
06 - HC/Order Requiring Respondent to File a Response
#7
Nov 10, 2025
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#8
Nov 13, 2025
Notice of Appearance
Main Document:
Notice of Appearance
#9
Nov 18, 2025
MINUTE ORDER (Text Entry Only) On November 5, 2025, the Court denied Petitioner's request for a temporary restraining order (TRO) pursuant to Local Rule 231(b). (Doc. 5 .) On November 10, 2025, Petitioner renewed his TRO request, (Doc. 7 ), which the Court has reviewed in light of the entire record. Though the renewed request provides some additional details regarding the reasons for the delay between Petitioner's re-detention on September 13, 2025, and the filing of the initial TRO on November 4, 2025 (Doc. 2 ), the Court still does not believe the procedural history and record warrant emergency treatment of the matter. The Court appreciates that Petitioner may believe he is a candidate for immediate release, but this Court has--at best--ordered substantive bond hearings for petitioners in seemingly similar circumstances, and even in those cases only after providing the government an opportunity to brief the issues. As to Petitioner's alternative request to convert the TRO into a motion for preliminary injunction with a hearing "as soon as possible," (see Doc. 7 -1 at 32), the Court believes the most appropriate way to evaluate Petitioner's entitlement to relief is to proceed with merits briefing. Even if the matter was set for hearing as a regularly scheduled preliminary injunction, the government would be afforded 14 days to file a responsive brief pursuant to Local Rule 230, which is only a few days before the already-scheduled responsive briefing deadline set by the magistrate judge. (See Doc. 6). Petitioner is free to expedite his reply on the merits and the magistrate judge is encouraged to resolve the matter as expeditiously as possible signed by District Judge Jennifer L. Thurston on November 18, 2025. (Deputy Clerk IM) (Entered: 11/18/2025)
Nov 18, 2025
Order on Motion for TRO
#10
Dec 08, 2025
Dismiss
Main Document:
Dismiss
#11
Dec 19, 2025
Opposition to Motion
Main Document:
Opposition to Motion
#12
Dec 29, 2025
REPLY by Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem, Minga Wofford re 10 Motion to Dismiss. (Butland, Brodie) (Entered: 12/29/2025)
Main Document:
REPLY
#13
Jan 06, 2026
Findings and Recommendations
#14
Jan 20, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#15
Jan 27, 2026
REPLY by Yerson Josue Cruz Perez re 14 Objections to Findings and Recommendations. (Moreno, Heliodoro) (Entered: 01/27/2026)
Main Document:
REPLY
#16
Feb 09, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#17
Feb 09, 2026
Judgment
Main Document:
Judgment
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