Eastern District of California • 1:26-cv-03289

(HC) Perez Herrera v. Warden, Mesa Verde Detention Center

Active

Case Information

Filed: April 29, 2026
Assigned to: Daniel J. Calabretta
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: May 01, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 29, 2026
PETITION for WRIT of HABEAS CORPUS against Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden Mesa Verde Detention Center by Julio Elias Perez Herrera. (Filing fee $ 5, receipt number ACAEDC-13254700) (Attachments: # 1 Civil Cover Sheet)(Juarez, Nancy) (Entered: 04/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 29, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Julio Elias Perez Herrera. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 04/29/2026)
Main Document: Temporary Restraining Order
#3
Apr 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MCF) (Entered: 04/29/2026)
Main Document: Immigration New Case Documents
#4
Apr 29, 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: 04/29/2026)
Main Document: CONSENT/DECLINE
#5
Apr 29, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/29/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. 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 May 5, 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 May 7, 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. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/29/2026)
Apr 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
May 01, 2026
Opposition to Motion
Main Document: Opposition to Motion

Parties

(HC) Perez Herrera
Party
Warden, Mesa Verde Detention Center
Party