Eastern District of California • 1:26-cv-05208
(HC) Avila Perla v. Andrews
Completed
Case Information
Filed: July 06, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 17, 2026
Last Activity:
August 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 06, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Ernesto Antonio Avila Perla. (Filing fee $ 5, receipt number ACAEDC-13547072) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Decl. of Attorney) (Hedrick, Winthrop) Modified on 7/13/2026 (KS). (Entered: 07/06/2026)
#2
Jul 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ernesto Antonio Avila Perla. (Attachments: # 1 Civil Cover Sheet, # 2 Decl. of Attorney, # 3 Proposed Order) (Hedrick, Winthrop) (Entered: 07/06/2026)
#3
Jul 07, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/07/2026)
Main Document:
Immigration New Case Documents
#4
Jul 07, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 7, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) 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 Immigration and Nationality Act and 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. 2 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A # 213135867) 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 seven-days' notice and a pre-deprivation hearing. Respondents shall file a notice of compliance with this Order by July 9, 2026. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by July 14, 2026. Petitioner may file a reply by July 17, 2026. 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 Golden State Annex Detention Facility with a copy of this Order. SO ORDERED. (TEXT ONLY ENTRY) (cc: Golden State) (Deputy Clerk MDK) (Entered: 07/07/2026)
#5
Jul 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Jonathan Williams, GOVT added for All Respondents. (Williams, Jonathan) Modified on 7/13/2026 (KS). (Entered: 07/07/2026)
Main Document:
DESIGNATION
Jul 07, 2026
Minute Order AND Order on Motion for TRO
#6
Jul 08, 2026
NOTICE OF COMPLIANCE with 4 Minute Order by All Respondents. (Williams, Jonathan) Modified on 7/14/2026 (KS). (Entered: 07/08/2026)
#7
Jul 12, 2026
RESPONSE to 4 Order to Show Cause by All Respondents. (Attachments: # 1 Exhibit A) (Williams, Jonathan) Modified on 7/20/2026 (KS). (Entered: 07/12/2026)
Main Document:
RESPONSE
#8
Jul 17, 2026
REPLY by Ernesto Antonio Avila Perla to 7 Response to Order to Show Cause. (Hedrick, Winthrop) Modified on 7/23/2026 (HAH). (Entered: 07/17/2026)
Main Document:
REPLY
#9
Aug 17, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 8/14/2026 GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections. The Clerk shall enter judgment in favor of Petitioner. CASE CLOSED. (Deputy Clerk KEZ)
#10
Aug 17, 2026
JUDGMENT dated *8/17/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/14/2026 in favor of Petitioner. (Deputy Clerk KEZ) (Entered: 08/17/2026)
Main Document:
Judgment
Parties
Andrews
Party
(HC) Avila Perla
Party