Eastern District of California • 1:26-cv-03083
(HC) Lopez-Perez v. Johnson
Active
Case Information
Filed: April 23, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 29, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 23, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center, Field Office Director, San Francisco ICE Field Office, Tae D. Johnson by Adolfo Enrique Lopez-Perez. (Deputy Clerk MR) (Entered: 04/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 23, 2026
CIVIL COVER SHEET filed by Adolfo Enrique Lopez-Perez. (Deputy Clerk MR) (Entered: 04/24/2026)
Main Document:
CIVIL
#3
Apr 23, 2026
MOTION to APPOINT COUNSEL by Adolfo Enrique Lopez-Perez. (Deputy Clerk MR) (Entered: 04/24/2026)
Main Document:
Appoint Counsel
#4
Apr 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Adolfo Enrique Lopez-Perez. (Deputy Clerk MR) (Entered: 04/24/2026)
Main Document:
Temporary Restraining Order
#5
Apr 23, 2026
Emergency MOTION To Expedite Consideration by Adolfo Enrique Lopez-Perez. (Deputy Clerk MR) (Entered: 04/24/2026)
Main Document:
Miscellaneous Relief
Apr 23, 2026
RECEIPT number 100007991 for $5.00 for Adolfo Enrique Lopez-Perez from Adolfo Enrique Lopez-Perez. (Deputy Clerk MR)
#6
Apr 24, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/29/2026. (Attachments: # 1 Consent Form) (Deputy Clerk MR) (Entered: 04/24/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#7
Apr 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: 04/24/2026)
Main Document:
CONSENT/DECLINE
#8
Apr 24, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 4) and to expedite decision on his case (Doc. 5). Petitioner (A File #: 221-489-563) asserts that he has been detained since December 2025 (Doc. 1 at 1), more than 5 months ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). Moreover, this Court is inundated with petitions seeking the same relief and for the same reasons. Thus, though the Court is sympathetic to Petitioner's concerns that this matter be determined quickly--and it will endeavor to do so--his request for an expedited decision (Doc. 5) is, in effect, an attempt to jump the line ahead of similarly situated individuals. His request for expedited review (Doc. 5) is DENIED.The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on April 24, 2026. (Deputy Clerk IM) (Entered: 04/24/2026)
Apr 24, 2026
SERVICE BY MAIL: 8 Minute Order on Motion for TRO and Expedite Decision served on Adolfo Enrique Lopez-Perez. (Deputy Clerk IM)
Apr 24, 2026
SERVICE BY MAIL: 6 Prisoner New Case Documents served on Adolfo Enrique Lopez-Perez. (Deputy Clerk MR)
Apr 24, 2026
Order on Motion for Miscellaneous Relief AND Order on Motion for TRO
Apr 24, 2026
Service by Mail
#10
May 07, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#11
May 08, 2026
FINDINGS and RECOMMENDATIONS to Grant 1 Petition for Writ of Habeas Corpus and Direct Respondents to Immediately Release Petitioner; ORDER DENYING Petitioner's 3 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 5/7/2026. Referred to Judge Jennifer L. Thurston. Objections to F&R due within Fourteen (14) Days. (Deputy Clerk SSA)
#12
May 19, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#13
May 29, 2026
ORDER ADOPTING 11 Findings and Recommendations In Part, GRANTING the 1 Petition for Writ of Habeas Corpus, DENYING Respondents' Motion to Dismiss, DIRECTING Respondents to Make Initial Custody Determinations and Provide a Bond Hearing if Cus tody Continues, signed by District Judge Jennifer L. Thurston on 5/29/2026. Within 48 hours of this order, Respondents SHALL undertake an initial custody determination pursuant to 8 U.S.C. § 1226(a) at which point they may either release Petitioner or continue his detention if deemed appropriate. Thereafter, if Petitioner is not released, and no arrest warrant has been issued, Respondents SHALL immediately seek an arrest warrant. If the warrant is not granted, Respondents SHALL immediately release Petitioner. If a warrant is granted, within 10 days of the initial custody determination, Respondents SHALL provide Petitioner with a bond hearing in accordance with 8 U.S.C. § 1226(a) at which the parties wi ll be allowed to present evidence and argument about whether Petitioners are a danger to the community and present a flight risk if not detained. At least 72 hours before the scheduled hearing, the Petitioner SHALL receive notice of the heari ng. He SHALL have the right to be represented by counsel at the hearing, and he SHALL be entitled to appear at the hearing. If counsel has filed an appearance in the immigration proceedings, at least 72 hours before the hearing, counsel SHALL receive notice of the scheduled hearing. If Respondents fail to provide the bond hearing within the timeframe outlined above, they SHALL release Petitioner. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner unless Respondents provide no less than seven days' notice to Petitioner and hold a pre-deprivation bond hearing before a neutral arbiter pursuant to section 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond is considered. CASE CLOSED. (Deputy Clerk OFR)
#14
May 29, 2026
Judgment
Main Document:
Judgment
Parties
(HC) Lopez-Perez
Party
Johnson
Party