Eastern District of California • 1:26-cv-05534

(HC) Perez Mendez v. Andrews

Completed

Case Information

Filed: July 17, 2026
Assigned to: Daniel J. Calabretta
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 28, 2026
Last Activity: August 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 17, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Melvin Perez Mendez. (Deputy Clerk DAR) (Entered: 07/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 17, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Melvin Perez Mendez. (Deputy Clerk DAR) (Entered: 07/20/2026)
Main Document: In Forma Pauperis
#3
Jul 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Melvin Perez Mendez. (Deputy Clerk DAR) Mo (Entered: 07/20/2026)
Main Document: Temporary Restraining Order
#4
Jul 17, 2026
MOTION to APPOINT COUNSEL by Melvin Perez Mendez. (Deputy Clerk DAR) (Entered: 07/20/2026)
Main Document: Appoint Counsel
#5
Jul 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/20/2026)
Main Document: Immigration New Case Documents
#6
Jul 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Tonya Andrews (Davis, Sean) (Entered: 07/20/2026)
Main Document: DESIGNATION
#7
Jul 20, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/20/2026: Upon review, 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. Within fourteen (14) days of appointment of counsel, Petitioner may file an Amended Petition or Supplemental Brief in support the Petition. If nothing is filed in that time, the Court will proceed on the current Petition. 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: 07/20/2026)
Jul 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 20, 2026
Service by Mail
Jul 20, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Melvin Perez Mendez. (Deputy Clerk DAR)
Jul 20, 2026
SERVICE BY MAIL: 7 Minute Order served on Melvin Perez Mendez. (Deputy Clerk GJM)
#8
Jul 24, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/24/2026: MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/24/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 7. Attorney Danica Mazenko is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Danica Mazenko, D Mazenko Law, 2443 Fair Oaks Blvd., Ste. 486, Sacramento, CA 95825, 619-669-5693, DMazenkoLaw@gmail.com as counsel for Petitioner in this matter, nunc pro tunc to 7/24/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/24/2026)
Jul 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#9
Aug 07, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Melvin Perez Mendez. (Attachments: # 1 Exhibit)(Mazenko, Danica) (Entered: 08/07/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#10
Aug 11, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/11/2026: The Court is in receipt of Petitioner's First Amended Petition for Writ of Habeas Corpus (ECF No. 9 ). On review the issues raised in Count 2 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. Respondents are ORDERED TO SHOW CAUSE on or before August 14, 2026, as to why the Court should not grant a writ of habeas corpus as to Count 2 by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents shall identify 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. Petitioner may file a reply on or before August 18, 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. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 08/11/2026)
Aug 11, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Aug 12, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Tonya Andrews, attorney Sean Davis, GOVT terminated (Davis, Sean) (Entered: 08/12/2026)
Main Document: DESIGNATION
#12
Aug 13, 2026
RESPONSE by Tonya Andrews to 10 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,, 9 Amended Petition for Writ of Habeas Corpus. (Soto-Perez, Gabriel) (Entered: 08/13/2026)
Main Document: RESPONSE
#13
Aug 19, 2026
REPLY by Melvin Perez Mendez re 12 Response. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Mazenko, Danica) (Entered: 08/19/2026)
Main Document: REPLY
#14
Aug 28, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 8/28/2026 GRANTING 9 First Amended Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner MELVIN PEREZ MENDEZ (A# 241-390-719) from their custody and to not impose any additional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve Golden State Annex with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. CASE CLOSED. (cc: ICE–Golden State Annex) (Deputy Clerk GJM) (Entered: 08/28/2026)
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
#15
Aug 28, 2026
JUDGMENT dated *8/28/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 8/28/2026. (Deputy Clerk GJM) (Entered: 08/28/2026)
Main Document: Judgment

Parties

Andrews
Party
(HC) Perez Mendez
Party