Eastern District of California • 1:26-cv-03112
(HC) Rodriguez Perez v. Warden
Active
Case Information
Filed: April 24, 2026
Assigned to:
Micah Wj Smith
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 24, 2026
Parties:
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Docket Entries
#1
Apr 24, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Oscar Eleazar Rodriguez Perez. [$5 Filing Fee Received. Receipt to be docketed 4/27/26] (Deputy Clerk JAW) (Entered: 04/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Oscar Eleazar Rodriguez Perez. (Deputy Clerk JAW) (Entered: 04/24/2026)
Main Document:
Temporary Restraining Order
#3
Apr 24, 2026
VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Deputy Clerk JAW) (Entered: 04/24/2026)
Main Document:
VISITING
#4
Apr 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden (Hemesath, Audrey) (Entered: 04/24/2026)
Main Document:
DESIGNATION
#5
Apr 24, 2026
EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1 and Motion for Temporary Restraining Order, ECF No. 2 . Pending the court's decision on the Petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Because the Motion, ECF No. 2, seeks only an order barring Respondents from transferring Petitioner--which is effectively the same relief provided by this status quo order--the Motion is DENIED AS MOOT. Upon review of Petitioner's 1 Petition for Writ of Habeas Corpus, the court believes this case would benefit from the appointment of counsel. Within seven 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 Smith_Orders@hid.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 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen days of appointment of counsel, Petitioner may file a further brief in support of Petitioner's Motion for Temporary Restraining Order. The Clerk's Office is directed to serve a copy of the Petition on the Federal Defender. After counsel is appointed, the court will set a schedule for briefing on the Petition. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/24/2026)
Apr 24, 2026
Service by Mail
Apr 24, 2026
SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Oscar Eleazar Rodriguez Perez at the address of record on April 24, 2026. (Deputy Clerk AB)
Apr 24, 2026
SERVICE BY MAIL: 3 Civil New Case Documents for Visiting Judge served on Oscar Eleazar Rodriguez Perez. (Deputy Clerk JAW)
Apr 24, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 24, 2026
SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 5 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on April 24, 2026. (Deputy Clerk AB)
Parties
(HC) Rodriguez Perez
Party
Warden
Party