Eastern District of California • 1:26-cv-03304

(HC)Viera Perez v. Warden, California City Correction Center

Active

Case Information

Filed: April 30, 2026
Assigned to: Jennifer L. Thurston
Referred to: Erica Grosjean
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 30, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correction Center by Jorge Viera Perez. [$5 filing fee received. Receipt to be docketed on 5/1/2026] (Deputy Clerk LMS) (Entered: 04/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 30, 2026
EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER by Jorge Viera Perez. (Deputy Clerk LMS) (Entered: 04/30/2026)
Main Document: Temporary Restraining Order
#3
Apr 30, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk LMS) (Entered: 04/30/2026)
Main Document: Immigration New Case Documents
#4
Apr 30, 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: 04/30/2026)
Main Document: CONSENT/DECLINE
#5
Apr 30, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Based on the current record, it appears Petitioner (A File #: 220-742-144) is likely to succeed on at least one of his claims and that some form of immediate relief may be appropriate. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than May 7, 2026, why the Court should not grant Petitioner's motion for a temporary restraining order. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a reply no later than May 13, 2026. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing; and (3) whether they request additional briefing on the merits of the petition. Depending on the content of the filings, the Court may set a hearing or may rule on the papers.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 exigent 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 preliminary relief.The Clerk of the Court is to notify the United States Attorney's Office for the Eastern District of California of this filing, by providing a Notice of Electronic Filing to usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on April 30, 2026. (Deputy Clerk IM) (Entered: 04/30/2026)
Apr 30, 2026
Service by Mail
Apr 30, 2026
SERVICE BY MAIL: 5 Minute Order served on Jorge Viera Perez. (Deputy Clerk IM)
Apr 30, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Jorge Viera Perez. (Deputy Clerk LMS)
Apr 30, 2026
Minute Order
May 01, 2026
RECEIPT number 200018726 for $5.00 for Filing Fee from Jorge Viera Perez. (Deputy Clerk OML)

Parties

(HC)Viera Perez
Party
Warden, California City Correction Center
Party