Eastern District of California • 1:26-cv-03678
(HC) Pereira v. Warden, Mesa Verde Detention Center
Active
Case Information
Filed: May 13, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 03, 2026
Parties:
View All Parties →
Docket Entries
#1
May 13, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Center by Yanier Nodarse Pereira. [$5 filing fee received. Receipt to be docketed 5/14/2026] (Deputy Clerk VLK) (Entered: 05/13/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Yanier Nodarse Pereira. (Deputy Clerk VLK) (Entered: 05/13/2026)
Main Document:
Temporary Restraining Order
#3
May 13, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk VLK) (Entered: 05/13/2026)
Main Document:
Immigration New Case Documents
#4
May 13, 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: 05/13/2026)
Main Document:
CONSENT/DECLINE
#5
May 13, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/13/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court has previously addressed the legal issues raised by count two of the 1 petition. See e.g., Luis Alberto R.C. v. Murray, 817 F. Supp. 3d 917 (E.D. Cal. 2025); Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025). 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-3118 (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 15, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Luis Alberto R.C. v. Murray, Elmer Joel M. C. v. Wofford, W.V.S.M. v. Wofford, Bilal A. v. Wofford, and Marina V.N. v. Robbins and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, 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"). (Deputy Clerk VMG) (Entered: 05/13/2026)
#6
May 13, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, Mesa Verde Detention Center, attorney Jonathan Williams, GOVT terminated (Rodriguez, Elisa) (Entered: 05/13/2026)
Main Document:
DESIGNATION
May 13, 2026
Minute Order
May 13, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Yanier Nodarse Pereira. (Deputy Clerk VLK)
May 13, 2026
SERVICE BY MAIL: 5 Minute Order, served on Yanier Nodarse Pereira. (Deputy Clerk VMG)
May 13, 2026
Service by Mail
#7
May 15, 2026
Dismiss
Main Document:
Dismiss
#8
May 21, 2026
Opposition to Motion
Main Document:
Opposition to Motion
Jun 03, 2026
Minute Order AND Order on Motion for TRO
Jun 03, 2026
Service by Mail
Parties
(HC) Pereira
Party
Warden, Mesa Verde Detention Center
Party