Eastern District of California • 1:26-cv-04558

(HC) Perez Hernandez v. Allen

Active

Case Information

Filed: June 12, 2026
Assigned to: Dale Alan Drozd
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 15, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 12, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Yoisbel Perez Hernandez. (Filing fee $ 5, receipt number ACAEDC-13452843) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Hanna, Mariana) Modified on 6/17/2026 (KS). (Entered: 06/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 12, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Yoisbel Perez Hernandez for attorney Yaritssa Plasencia to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13452860) (Attachments: # 1 Certificate of Record Certificate of Good Standing) (Hanna, Mariana) (Entered: 06/12/2026)
Main Document: Application for Pro Hac Vice and Proposed Order
#3
Jun 12, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 06/12/2026)
Main Document: Immigration New Case Documents
#4
Jun 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Elisa M. Rodriguez added for All Respondents. (Rodriguez, Elisa) Modified on 6/24/2026 (KS). (Entered: 06/18/2026)
Main Document: DESIGNATION
#5
Jul 26, 2026
PROPOSED ORDER re Order to Show Cause re 1 Petition for Writ of Habeas Corpus by Yoisbel Perez Hernandez. Attorney Plasencia, Yaritssa added. (Plasencia, Yaritssa) (Entered: 07/26/2026)
Main Document: PROPOSED
#6
Jul 30, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/30/2026. Petitioner, Yoisbel Perez Hernandez (A# 240567890), a represented immigration detainee, filed a 1 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The petition asserts violations of petitioner's due process rights based on his prolonged detention. The court has previously addressed the legal issues raised by the statutory and due process claims of the petition. Respondents are directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from Rodriguez Vasquez v. Bostock, et al., No. 25-6842 (9th Cir. July 30, 2026) and this court's prior orders in Quichimbo-Jimenez v. Warden, No. 2:26-cv-0739 DAD EFB, 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), Roman Rodriguez v. Chestnut, et al., No. 1:26-cv-00532-DAD-CSK, 2026 WL 2168403 (E.D. Cal. July 28, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/30/2026)
Jul 30, 2026
Minute Order
#7
Aug 06, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Rodriguez, Elisa) Modified on 8/14/2026 (KS). (Entered: 08/06/2026)
Main Document: ANSWER
#8
Aug 07, 2026
TRAVERSE/REPLY by Yoisbel Perez Hernandez. (Plasencia, Yaritssa) Modified on 8/17/2026 (KS). (Entered: 08/07/2026)
Main Document: TRAVERSE/REPLY
#9
Sep 10, 2026
NOTICE of Ripeness and MOTION to Expedite Ruling on Petition by Yoisbel Perez Hernandez. (Plasencia, Yaritssa) Modified on 9/11/2026 (KLY). (Entered: 09/10/2026)
Main Document: Notice (Other)
#10
Oct 15, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief