Eastern District of California • 1:26-cv-04759
(HC) Perez v. Warden, California City Detention
Active
Case Information
Filed: June 22, 2026
Assigned to:
Micah Wj Smith
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
July 08, 2026
Parties:
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Docket Entries
#1
Jun 22, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention by Ruben Pantoja Perez. (Deputy Clerk CM) (Entered: 06/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 22, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Ruben Pantoja Perez. (Deputy Clerk CM) (Entered: 06/23/2026)
Main Document:
In Forma Pauperis
#3
Jun 23, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Ruben Pantoja Perez signed by Visiting Judge Micah WJ Smith on 06/23/2026. (Deputy Clerk CM) (Entered: 06/23/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#4
Jun 23, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 06/23/2026)
Main Document:
Immigration New Case Documents
#5
Jun 23, 2026
EO: The court has received and reviewed Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241, Dkt. No. 1 . The court intends to rule 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."). On or before June 25, 2026, Respondent is ORDERED to answer in writing the following questions: 1. Is Petitioner subject to a final order of removal? If so, after being ordered removed, was Petitioner released under an order of supervision or otherwise released from custody by immigration authorities? If Petitioner was released, are there any factual or legal bases to distinguish this case from cases like Afshin A.N. v. Chestnut, No. CV 1:26-cv-03813-MWJS, 2026 WL 1726781 (E.D. Cal. June 15, 2026)? 2. In Respondent's view, is Petitioner subject to mandatory detention pursuant to any provision of the Immigration and Nationality Act other than 8 U.S.C. § 1225(b)(2)? If the answer is yes, what is the relevant detention authority and why does Respondent think that it applies to Petitioner? 3. Other than the circumstances covered by the first question, was Petitioner otherwise ever detained and released by immigration authorities? If the answer is yes, what were the circumstances of that release, and are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners in a variety of circumstances have been granted immediate release? See, e.g., Maxo Ben G. v. Warden of Mesa Verde Det. Facility, No. 1:26-cv-03776-MWJS, 2026 WL 1457554 (E.D. Cal. May 21, 2026); Kallebe C.L. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-03651-MWJS, 2026 WL 1374754 (E.D. Cal. May 14, 2026); A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS, 2026 WL 1190220 (E.D. Cal. Apr. 29, 2026); Sergio D.L.S. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026). 4. If Petitioner was not previously detained and released by immigration authorities, are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners have been granted bond hearings? See, e.g., Juana G.R.P. v. Warden of the Cal. City Det. Facility, No. 1:26-cv-04406-MWJS, 2026 WL 1712375 (E.D. Cal. June 12, 2026); Bertoldo B.F. v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-03634-MWJS, 2026 WL 1638322 (E.D. Cal. June 4, 2026)? 5. Was Petitioner previously granted a bond hearing before an immigration judge? If the answer is yes, when was that hearing held, what was the outcome, and what was the reasoning underlying the immigration judge's decision? Petitioner may file a reply on or before June 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. And given the court's ongoing consideration of the petition, and unless and until the court orders otherwise, the court ORDERS that Respondent shall not transfer or otherwise take Petitioner out of the Eastern District of California. 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"). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/23/2026)
Jun 23, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents, 3 Order Authorizing IFP Status served on Ruben Pantoja Perez. (Deputy Clerk CM)
Jun 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 23, 2026
Service by Mail
Jun 23, 2026
SERVICE BY MAIL: A copy of Dk. No. 5 Entering Order, was served on Ruben Pantoja Perez at the address of record on 6/23/2026. (Deputy Clerk AB)
#6
Jun 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Detention (Andrews, Anthony) (Entered: 06/24/2026)
Main Document:
DESIGNATION
Jun 29, 2026
Minute Order
Jun 29, 2026
Service by Mail
Jul 07, 2026
Minute Order
Jul 07, 2026
Service by Mail
Jul 08, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Parties
(HC) Perez
Party
Warden, California City Detention
Party