Eastern District of California • 1:26-cv-05410

#1

Jul 13, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden by Nelson Martin Perez. (Deputy Clerk CM) (Entered: 07/14/2026)

#2

Jul 13, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Nelson Martin Perez. (Deputy Clerk CM) (Entered: 07/14/2026)

#3

Jul 13, 2026

MOTION to APPOINT COUNSEL by Nelson Martin Perez. (Deputy Clerk CM) (Entered: 07/14/2026)

#4

Jul 13, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Nelson Martin Perez. (Deputy Clerk CM) (Entered: 07/14/2026)

#5

Jul 14, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Nelson Martin Perez signed by District Judge Edward J Davila on 07/14/2026. (Deputy Clerk CM) (Entered: 07/14/2026)

#6

Jul 14, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 07/14/2026)

#7

Jul 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Sean Davis, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Sean Davis, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Sean Davis, GOVT for Current or Acting United States Attorney General,Sean Davis, GOVT for Warden (Davis, Sean) (Entered: 07/14/2026)

Jul 14, 2026

SERVICE BY MAIL: 5 Order Authorizing IFP Status, 6 Immigration New Case Documents served on Nelson Martin Perez. (Deputy Clerk CM)

Jul 14, 2026

Service by Mail

#8

Jul 15, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 7/15/2026: Petitioner, a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and motion for a temporary restraining order seeking immediate release. See Dkt. Nos. 1, 2. Rule 4 of the Habeas Rules Governing Section 2254 cases—which may be applied to Section 2241 petitions per Rule 1(b)—requires the court to summarily dismiss a habeas petition "[i]f it plainly appears from the petition and any attached exhibits that the Petitioner is not entitled to relief in the district court." In this case, Petitioner used a form petition and TRO alleging that his prolonged detention violates due process. ECF No. 1. However, the only individualized information Petitioner provided regarding his detention is that he has been in ICE custody for 1 month. Id. at 1. Petitioner did not provide additional individualized facts to support his claim that he has been denied due process and that his detention is unreasonably prolonged. According, the Court DISMISSES the petition and DENIES the TRO as moot because it appears petitioner is not entitled to relief. However, because it is not clear that leave to amend would be futile, Petitioner SHALL submit an amended petition by August 5, 2026 containing further factual information specific to his detention and immigration case history. The Court further finds that this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within seven (7) calendar 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 via email to julia_thomas@CAND.uscourts.gov. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the Petition upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 07/15/2026)

Jul 15, 2026

SERVICE BY MAIL: 8 Minute Order served on Petitioner. (Thomas, Julia)

Jul 15, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel

Jul 15, 2026

Service by Mail

#9

Jul 21, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 7/21/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF 8 . Attorney Roger Ponce is hereby appointed as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Roger Ponce, Ponce Law Group, 1424 17th St., Bakersfield, CA 93301, 661-888-2003, roger@rogerponcelaw.com, as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 07/21/2026)

Jul 21, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#10

Aug 10, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 8/10/2026: The Court previously dismissed the 1 petition for writ of habeas corpus as it failed to state a claim, but granted leave to amend by 8/5/2026. As of 8/10/2026, Petitioner has not filed an amended Petition or requested further relief from this court. However, as Petitioner was originally proceeding pro se and was only recently appointed counsel, the Court will extend the deadline to amend to 8/21/2026. The Court will deny the petition at Dkt. No. 1 if an amended petition, or request for further relief, is not filed by that deadline. (Text Only Entry) (Thomas, Julia) (Entered: 08/10/2026)

Aug 10, 2026

Minute Order

Aug 10, 2026

SERVICE BY MAIL: 10 Minute Order served on Petitioner. (Thomas, Julia)

Aug 10, 2026

Service by Mail

#11

Aug 13, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Joseph Douglas Harman, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Joseph Douglas Harman, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Joseph Douglas Harman, GOVT for Current or Acting United States Attorney General,Joseph Douglas Harman, GOVT for Warden, attorney Sean Davis, GOVT terminated (Davis, Sean) (Entered: 08/13/2026)

#12

Aug 24, 2026

MOTION to DISMISS by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden. (Harman, Joseph) (Entered: 08/24/2026)

#13

Aug 24, 2026

MOTION for 3-DAY EXTENSION OF TIME to FILE FIRST AMENDED PETITION OUT OF TIME re 10 Minute Order,, 12 Motion to Dismiss, by Nelson Martin Perez. (Attachments: # 1 Proposed Order)(Ponce, Roger) (Entered: 08/24/2026)

#14

Aug 24, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Nelson Martin Perez.(Ponce, Roger) (Entered: 08/24/2026)

#15

Aug 25, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 8/25/2026: The Court is in receipt of Petitioner's 13 Motion for a 3-Day Extension of Time to File his First Amended Petitioner and Respondents' 12 Motion to Dismiss based on Petitioner's failure to file an Amended Petition by the 8/21/2026 deadline. See Dkt. No. 10 . The Court finds that good cause supports GRANTING the motion for an extension, DENYING Respondents' motion to dismiss, and accepting the untimely First Amended Petition for Writ of Habeas Corpus (see Dkt. No. 14 ). Petitioner filed the original petition pro se while in detention and with limited resources. Though appointed counsel has received ample time to file an amended petition, the Court recognizes that communicating with detained individuals presents difficulties. Dismissing the petition based on the untimely filing would unfairly prejudice petitioner. Accordingly, Respondents shall file a response to the First Amended Petition by 9/8/2026. Petitioner may file a reply by 9/15/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/25/2026)

Aug 25, 2026

Minute Order AND Order on Motion for Extension of Time AND Order on Motion to Dismiss

#16

Sep 01, 2026

ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden. (Attachments: # 1 Exhibit I-213, # 2 Exhibit Arrest Warrant, # 3 Exhibit Notice of Custody Determination)(Harman, Joseph) (Entered: 09/01/2026)