Eastern District of California • 1:26-cv-03689
(HC) Perez-Cancela v. Golden State Annex Warden
Active
Case Information
Filed: May 13, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 22, 2026
Parties:
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Docket Entries
#1
May 13, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Golden State Annex Warden, Todd Lyons, Markwayne Mullin by Roberto Ivan Perez-Cancela. (Filing fee $ 5, receipt number ACAEDC-13319889) (Attachments: # 1 Exhibit I-220A)(Monsalve, Alejandro) (Entered: 05/13/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 13, 2026
CIVIL COVER SHEET filed by Roberto Ivan Perez-Cancela. (Monsalve, Alejandro) (Entered: 05/13/2026)
Main Document:
CIVIL
#3
May 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Roberto Ivan Perez-Cancela. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 05/13/2026)
Main Document:
Temporary Restraining Order
#4
May 13, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk CLA) (Entered: 05/13/2026)
Main Document:
Immigration New Case Documents
#5
May 13, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 05/13/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 3 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 3 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 240-622-169) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constitutionally protected interest in remaining free from detention. Petitioner shall be allowed to have counsel present at the hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court is directed to serve a copy of this Order on the Golden State Annex. This matter is referred to the assigned U.S. Magistrate Judge for all further proceedings. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk CRN) (Entered: 05/13/2026)
#6
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
May 13, 2026
Minute Order AND Order on Motion for TRO
#7
Jun 22, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 6/22/2026: In light of the referral of petitioner's § 2241 petition that is pending before the Court, the parties are directed to submit any additional briefs on the merits, or any stipulation as to how this petition should be resolved, within 14 days from the date of this order. Following expiration of the deadline set herein, the § 2241 petition will be deemed submitted on the papers pursuant to Local Rule 230(l). (Deputy Clerk SH) (Entered: 06/22/2026)
Jun 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
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