Eastern District of California • 1:26-cv-03596

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May 11, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Mesa Verde Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Yoenis Perez Perez. (Deputy Clerk MR) (Entered: 05/12/2026)

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May 11, 2026

MOTION to APPOINT COUNSEL by Yoenis Perez Perez. (Deputy Clerk MR) (Entered: 05/12/2026)

May 11, 2026

RECEIPT number 100008152 for $5.00 for Yoenis Perez Perez from The Geo Group Inc.. (Deputy Clerk MR)

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May 12, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/12/2026)

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May 12, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Yu, GOVT for Current or Acting United States Attorney General,Jonathan Yu, GOVT for Warden of the Mesa Verde Detention Facility (Yu, Jonathan) (Entered: 05/12/2026)

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May 12, 2026

EO: The court GRANTS Petitioner's motion for appointment of counsel. Dkt. No. 2. 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 to 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 either file an amended petition or supplement the original petition for writ of habeas corpus, Dkt. No. 1. The Clerk's Office is directed to serve a copy of the original petition, Dkt. No. 1, on the Federal Defender. After counsel is appointed and any amended petition or supplement is filed, the court may set a briefing schedule. Given the court's ongoing consideration of the petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner out of the Eastern District of California. See California Energy Comm'n v. Johnson, 767 F.2d 631, 634 (9th Cir. 1985) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue writs of mandamus necessary to protect their prospective jurisdiction."). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/12/2026)

May 12, 2026

Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings

May 12, 2026

Service by Mail

May 12, 2026

Immigration New Case Documents

May 12, 2026

SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order was served on Yoenis Perez Perez at the address of record on May 12, 2026. (Deputy Clerk AB)

May 12, 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 May 12, 2026. (Deputy Clerk AB)

May 12, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Yoenis Perez Perez. (Deputy Clerk MR)

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May 13, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Michael G. Tierney for Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Michael G. Tierney for Current or Acting Director, United States Immigration and Customs Enforcement,Michael G. Tierney for Current or Acting Secretary, United States Department of Homeland Security,Michael G. Tierney for Current or Acting United States Attorney General,Michael G. Tierney for Warden of the Mesa Verde Detention Facility, attorney Jonathan Yu, GOVT terminated (Yu, Jonathan) (Entered: 05/13/2026)

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May 19, 2026

EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 5 Entering Order. Attorney Jan Karowsky is hereby APPOINTED as CJA counsel for Petitioner Yoenis Perez Perez. The Clerk of Court shall update the docket to reflect said attorney at 2701 Del Paso Rd,Ste. 130-276, Sacramento, CA 95835-2305, 916-402-8223, karowskylaw@sbcglobal.net respectively, as counsel for Petitioner in this matter, nunc pro tunc to 5/19/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/19/2026)

May 19, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

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May 20, 2026

Notice of Appearance

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May 22, 2026

Amended Petition for Writ of Habeas Corpus

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May 22, 2026

EO: The court has reviewed Petitioner's first amended petition for writ of habeas corpus. Dkt. No. 9 . The petition appears to raise legal issues addressed in this court and others, including whether Petitioner is entitled to either his immediate release or a bond hearing under 8 U.S.C. § 1226(a) and its implementing regulations. To the extent Petitioner entered the country without inspection and was not detained prior to March 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 cases like Francisco C.T. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-03308-MWJS, 2026 WL 1234218 (E.D. Cal. May 4, 2026), and Ixcox Chum v. Lyons, No. 1:26-cv-02491-KES-EPG (HC), 2026 WL 950765 (E.D. Cal. Apr. 8, 2026). To the extent Petitioner was previously granted parole or otherwise detained and released by immigration officials--for example, on his own recognizance or under an order of supervision--Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from cases like A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS, 2026 WL 1190220 (E.D. Cal. Apr. 29, 2026), and Danilo J.Q.E. v. Mullin, No. 1:26-cv-03370-MWJS, 2026 WL 1257548 (E.D. Cal. May 7, 2026). Given the substantial percolation of these issues, the court intends to rule directly on the petition. See 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."). In their response, Respondents must specify into which category Petitioner falls. In addition, if this case is not distinguishable from cases like those cited above, Respondents must say so. Respondents' response is due on or before May 27, 2026. Petitioner may file a reply on or before May 29, 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. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/22/2026)

May 22, 2026

Minute Order

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May 27, 2026

Order

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May 27, 2026

Judgment AND ~Util - Terminate Civil Case