Eastern District of California • 1:26-cv-05190
(HC) Torres v. Warden, California City Detention Facility
Completed
Case Information
Filed: July 06, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 21, 2026
Last Activity:
August 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 06, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Ferley Lopez Torres. (Deputy Clerk DAR) (Entered: 07/07/2026)
#2
Jul 06, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Ferley Lopez Torres. (Deputy Clerk DAR) (Entered: 07/07/2026)
Main Document:
In Forma Pauperis
#3
Jul 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ferley Lopez Torres. (Deputy Clerk DAR) (Entered: 07/07/2026)
#4
Jul 06, 2026
MOTION to APPOINT COUNSEL by Ferley Lopez Torres. (Deputy Clerk DAR) (Entered: 07/07/2026)
Main Document:
Appoint Counsel
#5
Jul 07, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/07/2026)
Main Document:
Immigration New Case Documents
Jul 07, 2026
Service by Mail
Jul 07, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Ferley Lopez Torres. (Deputy Clerk DAR)
#6
Jul 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Detention Facility (Williams, Jonathan) (Entered: 07/08/2026)
Main Document:
DESIGNATION
#7
Jul 08, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/8/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). The issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before July 14, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 07/08/2026)
Jul 08, 2026
SERVICE BY MAIL: 7 Minute Order served on Ferley Lopez Torres. (Deputy Clerk GJM)
Jul 08, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 08, 2026
Service by Mail
#8
Jul 14, 2026
RESPONSE to 7 ORDER to SHOW CAUSE by Warden, California City Detention Facility. (Attachments: # 1 Exhibit A-Conviction Document, # 2 Exhibit B-DHS Records, # 3 Exhibit C-Hearing Notice)(Williams, Jonathan) (Entered: 07/14/2026)
#9
Jul 15, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/15/2026: On July 7, 2026, Petitioner filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) and a Motion for Temporary Restraining Order (ECF No. 3 ). Based on the information in the Petition, the Court determined that it appeared Petitioner was entitled to relief and ordered a return pursuant to 8 U.S.C. § 2243. (ECF No. 7 .) Based on the information in the return, it is no longer clear that Petitioner is entitled to relief as required by 8 U.S.C. § 2243, as he may be subject to mandatory detention under 8 U.S.C. § 1226(c). (See ECF No. 8 .) However, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information gmichel@caed.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 Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. This matter is REFERRED to the assigned Magistrate Judge for full briefing. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. [TEXT ONLY ENTRY] (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 07/15/2026)
Jul 15, 2026
SERVICE BY MAIL: 9 Minute Order served on Ferley Lopez Torres. (Deputy Clerk GJM)
Jul 15, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 15, 2026
Service by Mail
#10
Jul 17, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/17/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 9. Attorney Mia Crager is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Mia Crager, AFD, 801 I St., 3rd Floor, Sacramento, CA 95814, 916-498-5700, Mia_Crager@fd.org as counsel for Petitioner in this matter. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/17/2026)
Jul 17, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#11
Jul 21, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/21/2026 GRANTING 2 Motion to Proceed IFP and DIRECTING Petitioner's appointed counsel to file a notice on the docket regarding whether petitioner elects to proceed on the pro se petition for writ of habeas corpus or if petitioner intend to file an amended petition. If petitioner intends to file an amended petition, such petition shall be filed within 14 days of the date of service of this order. Respondent must file a response to the petition or amended petition within 7 days of the date of filing an amended petition or notice that petitioner intends to on the petition for writ of habeas corpus. (Deputy Clerk OML) (Entered: 07/21/2026)
#12
Jul 31, 2026
MINUTE ORDER: Examination of this action reveals that it is related to Torres v. Warden, California City Detention Facility, 1:26-cv-05190-DJC-JDP, within the meaning of Local Rule 123(a). See Local Rule 123(a)(1), (2). Accordingly, the assignment of this matter to the same judge and magistrate judge as in Torres v. Warden, California City Detention Facility, 1:26-cv-05190-DJC-JDP, is likely to effect a substantial savings of judicial effort and is likely to be convenient for the parties. It is hereby ORDERED that 1:26-CV-05738-RLP is reassigned from District Judge Rebecca L. Pennell to District Judge Daniel J. Calabretta and Magistrate Judge Jeremy D. Peterson. The caption on documents filed in the reassigned case shall be shown as 1:26-cv-05190-DJC-JDP. signed by Visiting Judge Rebecca L Pennell on 7/31/2026: (Text Only Entry). (Deputy Clerk LLH) (Entered: 07/31/2026)
Jul 31, 2026
Minute Order
#13
Aug 04, 2026
NOTICE and SUPPLEMENT to 1 Petition for Writ of Habeas Corpus by Ferley Lopez Torres. (Attachments: # 1 Exhibit A) (Crager, Mia) Modified on 8/10/2026 (KS). (Entered: 08/04/2026)
Main Document:
NOTICE
#14
Aug 17, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 8/17/2026 RECOMMENDING the 1 Petition for Writ of Habeas Corpus be granted and 3 Motion for Temporary Restraining Order be denied as moot. Respondent be ordered to immediately release petitioner (A-Number: 240-801-100) from its custody on the same conditions as his prior release. Respondent shall not impose any additional restrictions on petitioner, unless that is determined to be necessary at a future pre-deprivation hearing. The Clerk be directed to serve California City Detention Facility with a copy of this order. The Clerk be ordered to enter judgment accordingly and close this case. Motion referred to Judge Daniel J. Calabretta. Objections to F&R due within 7 days. (Deputy Clerk KEZ) (Entered: 08/17/2026)
#15
Aug 21, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 14 by Respondent Warden, California City Detention Facility. (Williams, Jonathan) (Entered: 08/21/2026)
Main Document:
Objections to Findings and Recommendations
#16
Aug 21, 2026
ORDER signed by District Judge Daniel J. Calabretta on 8/21/2026 ADOPTING IN FULL 14 Findings and Recommendations; GRANTING 7 Petition for Writ of Habeas Corpus; DENYING AS MOOT 3 Motion for Temporary Restraining Order; ORDERING Respondent(s) to immediately release FERLEY LOPEZ TORRES (A# 240-801-100) from their custody and to not impose any additional restrictions on Petitioner; DIRECTING the Clerk of Court to enter judgment accordingly, to close this case, and to serve California City Detention Facility with a copy of this Order. This Order does not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. CASE CLOSED. (cc: ICE–California City Detention Facility) (Deputy Clerk GJM) (Entered: 08/21/2026)
#17
Aug 21, 2026
JUDGMENT dated *8/21/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 8/21/2026. (Deputy Clerk GJM) (Entered: 08/21/2026)
Main Document:
Judgment
Parties
(HC) Torres
Party
Warden, California City Detention Facility
Party