Eastern District of California • 1:26-cv-05208

(HC) Avila Perla v. Andrews

Active

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
Active
Last Activity: July 08, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 06, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Tonya Andrews, Todd Blanche, Markwayne Mullin, David Venturella by Ernesto Antonio Avila Perla. (Filing fee $ 5, receipt number ACAEDC-13547072) (Attachments: # 1 Civil Cover Sheet Civil cover sheet, # 2 Exhibit Ex. A: Detainee Locator, # 3 Declaration Declaration of Attorney)(Hedrick, Winthrop) (Entered: 07/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ernesto Antonio Avila Perla. (Attachments: # 1 Civil Cover Sheet Civil cover sheet, # 2 Declaration Declaration of Attorney, # 3 Proposed Order Proposed Order)(Hedrick, Winthrop) (Entered: 07/06/2026)
Main Document: Temporary Restraining Order
#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. Added attorney Jonathan Williams, GOVT for Sergio Albarran,Jonathan Williams, GOVT for Tonya Andrews,Jonathan Williams, GOVT for Todd W. Blanche,Jonathan Williams, GOVT for Executive Office for Immigration Review,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for U.S Department of Homeland Security,Jonathan Williams, GOVT for David Venturella (Williams, Jonathan) (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
Main Document: Notice of Compliance

Parties

Andrews
Party
(HC) Avila Perla
Party