Eastern District of California • 1:26-cv-04058
(HC) Pereyra-Hernadez v. Mullin
Completed
Case Information
Filed: May 27, 2026
Assigned to:
Araceli Martinez-Olguin
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 14, 2026
Last Activity:
August 14, 2026
Parties:
View All Parties →
Docket Entries
#1
May 27, 2026
PETITION for WRIT of HABEAS CORPUS against Horacio Pereyra-Hernadez by Markwayne Mullin (Deputy Clerk AKP) (Entered: 05/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 27, 2026
MOTION to APPOINT COUNSEL by Horacio Pereyra-Hernadez. (Deputy Clerk AKP) (Entered: 05/27/2026)
Main Document:
Appoint Counsel
#3
May 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Horacio Pereyra-Hernadez. (Deputy Clerk AKP) (Entered: 05/27/2026)
Main Document:
In Forma Pauperis
#4
May 27, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 05/27/2026)
Main Document:
Immigration New Case Documents
#5
May 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Markwayne Mullin (Davis, Sean) (Entered: 05/27/2026)
Main Document:
DESIGNATION
#6
May 27, 2026
ORDER re 1 Habeas Petition signed by District Judge Araceli Martinez-Olguin on 5/27/26. Respondents to file a Response to the 1 Habeas Petition by 6/5/26. Petitioner may file a reply by 6/10/26. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). By 6/3/26, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.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 ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Thomas, Julia) (Entered: 05/27/2026)
May 27, 2026
SERVICE BY MAIL: 6 Order served on Petitioner. (Thomas, Julia)
May 27, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Horacio Pereyra-Hernadez. (Deputy Clerk AKP)
May 27, 2026
Service by Mail
#7
May 28, 2026
CLERK'S NOTICE of DOCKET CORRECTION: Magistrate Judge Delaney removed as assigned to this case in error. The correct case number is: 1:26-cv-4058-AMO (HC). (Deputy Clerk KEZ) (Entered: 05/28/2026)
#8
Jun 04, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Araceli Martinez-Olguin on 6/4/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF 3 . Attorney Jan Karowsky is hereby appointed as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Jan Karowsky, Attorney at Law A Prof Corp, 2701 Del Paso Rd. Ste. 130-276, Sacramento, CA 95835, karowskylaw@sbcglobal.net, as counsel for petitioner in this matter. (Text Only Entry) (Thomas, Julia) (Entered: 06/04/2026)
Jun 04, 2026
Minute Order AND Order on Motion to Appoint Counsel
#9
Jun 05, 2026
RESPONSE by Markwayne Mullin to 6 Order,,,,,, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 213, # 2 Exhibit NTA, # 3 Exhibit VD order, # 4 Exhibit BIA receipt, # 5 Proof of Service Proof of service)(Davis, Sean) (Entered: 06/05/2026)
Main Document:
RESPONSE
#10
Jun 08, 2026
NOTICE of APPEARANCE by Jan David Karowsky on behalf of Horacio Pereyra-Hernadez. (Karowsky, Jan) (Entered: 06/08/2026)
Main Document:
Notice of Appearance
Jun 08, 2026
Attorney Jan David Karowsky added for Petitioner. (Text Only Entry) (Thomas, Julia)
Jun 08, 2026
~Util - Add and Terminate Attorneys
#11
Jun 09, 2026
AMENDED MOTION for 24-DAY EXTENSION OF TIME to File Amended Petition for Writ of Habeas Corpus or other Relevant Pleading re 3 Motion to Proceed In Forma Pauperis by Horacio Pereyra-Hernadez. (Karowsky, Jan) (Entered: 06/09/2026)
Main Document:
Extension of Time
#12
Jun 09, 2026
MINUTE ORDER signed by District Judge Araceli Martinez-Olguin on 6/9/2026: In light of recent appointment of counsel, Petitioner's request for an extension of time to file his reply is GRANTED. Petitioner may file a reply on or before 6/24/26. (Text Only Entry) (Thomas, Julia) (Entered: 06/09/2026)
Jun 09, 2026
Minute Order AND Order on Motion for Extension of Time
#13
Jun 24, 2026
MOTION for 14-DAY EXTENSION OF TIME to File Responsive Pleadings, MOTION to AMEND the 1 Petition for Writ of Habeas Corpus by Horacio Pereyra-Hernadez. (Karowsky, Jan) (Entered: 06/24/2026)
Main Document:
Amend the Complaint/Petition AND Extension of Time
#14
Jun 24, 2026
MINUTE ORDER signed by District Judge Araceli Martinez-Olguin on 6/24/2026: The Court finds there is good cause to GRANT the 13 motion for a 14-day extension given counsel's difficulties in contacting petitioner who is currently detained. By July 8, 2026, Petitioner shall file either a reply, motion for voluntary dismissal, motion for leave to file an amended petition, or status report seeking additional time to file a reply or other pleading. (Text Only Entry) (Thomas, Julia) (Entered: 06/24/2026)
Jun 24, 2026
Minute Order AND Order on Motion for Extension of Time
#15
Jul 08, 2026
STATUS REPORT by Horacio Pereyra-Hernadez. (Attachments: # 1 Exhibit Exhibits, # 2 Exhibit Proposed Order)(Karowsky, Jan) (Entered: 07/08/2026)
Main Document:
STATUS
#16
Jul 09, 2026
MINUTE ORDER signed by District Judge Araceli Martinez-Olguin on 7/9/2026: The Court is in receipt of Petitioner's 15 status report. In light of the changed facts surrounding Petitioner's removal proceedings, the Court vacates its prior deadline for Petitioner to file a reply to the 1 Petition for Writ of Habeas Corpus. Petitioner may file a motion for leave to amend his petition, or a stipulation indicating that the parties agree to amendment, by 7/13/2026. (Text Only Entry) (Thomas, Julia) (Entered: 07/09/2026)
Jul 09, 2026
Minute Order
#17
Jul 13, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Horacio Pereyra-Hernadez. (Attachments: # 1 Exhibit Points and Authorities, # 2 Exhibit Exhibits, # 3 Exhibit Motion for Leave to File Amended Petition for Writ of Habeas Corpus, # 4 Exhibit Proposed Order Granting Leave to File Amended Petition for Writ of Habeas Corpus, # 5 Exhibit Proposed Order Granting Amended Petition for Writ of Habeas Corpus)(Karowsky, Jan) (Entered: 07/13/2026)
Main Document:
Amended Petition for Writ of Habeas Corpus
#18
Jul 14, 2026
MINUTE ORDER signed by District Judge Araceli Martinez-Olguin on 7/14/2026: The Court is in receipt of Petitioner's Motion for Leave to File an Amended Petition. Dkt. No. 17 -3. Respondents SHALL file an opposition to the motion for leave or a statement of non-opposition by 7/20/2026. (Text Only Entry) (Thomas, Julia) (Entered: 07/14/2026)
Jul 14, 2026
Minute Order
#19
Jul 20, 2026
STATEMENT of NON-OPPOSITION by Markwayne Mullin re 18 Minute Order,. (Davis, Sean) (Entered: 07/20/2026)
Main Document:
STATEMENT
#20
Jul 21, 2026
MINUTE ORDER signed by District Judge Araceli Martinez-Olguin on 7/21/2026: Petitioner's motion for leave to amend is GRANTED pursuant to FRCP 15(a)(2). Petitioner's initial petition was filed pro se. The amended petition submitted through appointed counsel helps to clarify the record and claims. Additionally, Respondents do not oppose amendment. See Dkt. No. 19 . As such, the Court finds good cause to grant Petitioner's motion. The clerk of the court is directed to update the docket with the First Amended Petition (Dkt. No. 17 ). Respondents shall file a response to the Amended Petition by 8/4/2026. Petitioner may file a reply 8/11/2026. (Text Only Entry). (Thomas, Julia) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order
#21
Aug 03, 2026
RESPONSE by Markwayne Mullin to 17 Amended Petition for Writ of Habeas Corpus, 20 Minute Order,,. (Davis, Sean) (Entered: 08/03/2026)
Main Document:
RESPONSE
#22
Aug 07, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Jan David Karowsky signed by District Judge Araceli Martinez-Olguin on 08/07/2026. (Deputy Clerk EF) (Entered: 08/07/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#24
Aug 10, 2026
MOTION to Withdraw the Petition for Writ of Habeas Corpus by Horacio Pereyra-Hernadez. (Deputy Clerk ED) (Entered: 08/12/2026)
Main Document:
Miscellaneous Relief
#23
Aug 11, 2026
REPLY by Horacio Pereyra-Hernadez re 21 Response. (Karowsky, Jan) (Entered: 08/11/2026)
Main Document:
REPLY
#25
Aug 13, 2026
PROPOSED ORDER re Voluntary Dismissal of the Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Proposed Order)(Karowsky, Jan) (Entered: 08/13/2026)
Main Document:
Proposed Order
#26
Aug 14, 2026
ORDER signed by District Judge Araceli Martinez-Olguin on 8/14/2026 DISMISSING Petition for Writ of Habeas Corpus without prejudice and terminating case. (CASE CLOSED) (Thomas, Julia) (Entered: 08/14/2026)
Main Document:
Order AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Civil Case
Aug 14, 2026
SERVICE BY MAIL: 26 Order served on Petitioner. (Thomas, Julia)
Aug 14, 2026
Service by Mail
Parties
(HC) Pereyra-Hernadez
Party
Mullin
Party