Eastern District of California • 1:26-cv-05633

(HC) Velasquez Perez v. Warden, California City Detention Facility

Completed

Case Information

Filed: July 20, 2026
Assigned to: Dena M. Coggins
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 02, 2026
Last Activity: September 05, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 20, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Maribel Arely Velasquez Perez. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION to APPOINT COUNSEL by Maribel Arely Velasquez Perez. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Appoint Counsel
#3
Jul 22, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Immigration New Case Documents
#4
Jul 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Detention Facility (Rodriguez, Elisa) (Entered: 07/22/2026)
Main Document: DESIGNATION
Jul 22, 2026
Service by Mail
Jul 22, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Maribel Arely Velasquez Perez. (Deputy Clerk DAR)
#5
Jul 24, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/24/2026. Petitioner, a self-represented immigration detainee, filed a 1 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Based on the length of time in which petitioner has been in immigration detention, the court hereby authorizes petitioner to proceed in forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914. The petition, liberally construed, asserts two violations of petitioner's due process rights: one based on her prolonged detention and another based on the revocation of her release. Respondents are directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Labrador-Prato v. Noem, No. 1:25-cv-1598 DC SCR (HC), 815 F. Supp. 3d 1113 (E.D. Cal. 2025), Selis Tinoco v. Noem, No. 1:25-cv-1762 DC JDP (HC), 818 F. Supp. 3d 1141 (E.D. Cal. 2025), Orellana Gonzalez v. Cerna, No. 1:26-cv-1344 DC JDP (HC), 2026 WL 604193 (E.D. Cal. Mar. 4, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/24/2026)
Jul 24, 2026
Service by Mail
Jul 24, 2026
Minute Order
Jul 24, 2026
SERVICE BY MAIL: 5 Minute Order served on Maribel Arely Velasquez Perez. (Deputy Clerk JAA)
#6
Jul 31, 2026
MOTION for 4-DAY EXTENSION OF TIME to Respond to Petition for Writ of Habeas Corpus by Warden, California City Detention Facility. (Attachments: # 1 Proposed Order) (Rodriguez, Elisa) (Entered: 07/31/2026)
Main Document: Extension of Time
#7
Aug 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/03/2026. Good cause appearing, respondent's motion for a four-day extension of time 6 is GRANTED. Respondent shall file a response to the petition no later than August 5, 2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/03/2026)
Aug 03, 2026
Service by Mail
Aug 03, 2026
Minute Order AND Order on Motion for Extension of Time
Aug 03, 2026
SERVICE BY MAIL: 7 Minute Order served on Maribel Arely Velasquez Perez. (Deputy Clerk JAA)
#8
Aug 05, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by Warden, California City Detention Facility. (Rodriguez, Elisa) Modified on 8/11/2026 (KS). (Entered: 08/05/2026)
Main Document: ANSWER
#9
Aug 25, 2026
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/25/2026 DENYING petitioner's 2 motion to appoint counsel as moot. IT IS RECOMMENDED that petitioner's 1 petition for writ of habeas corpus be granted as follows: a. Respondent shall immediately release petitioner Maribel A. V. P., A- 221-097-203, under the same conditions to which she was subject to immediately prior to her detention on 6/8/2026, At the time of release, respondent must return all of petitioner's documents and possessions; b. Respondent shall not impose any additional restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing; c. Respondent is enjoined and restrained from re-detaining petitioner unless respondent provides at least 7 days' written notice to petitioner and holds a pre-deprivation bond hearing before a neutral decision maker, at which hearing respondent will bear the burden of demonstrating that petitioner is a flight risk or danger to the community and petitioner's eligibility for bond must be considered; The 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 and petitioner receives notice of that final order of removal; Within 3 days of an order adopting these findings and recommendations, respondent be required to file a notice of compliance confirming petitioner's release and that the conditions of her supervision are the same as those to which she was subject prior to her 6/8/2026 detention; and the Clerk of the Court be directed to enter judgment for petitioner and close this case. Referred to Judge Dena M. Coggins. Objections to F&R due within 3 days. (Deputy Clerk KLY) (Entered: 08/25/2026)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
Aug 25, 2026
SERVICE BY MAIL: 9 Order And Findings and Recommendations served on Maribel Arely Velasquez Perez. (Deputy Clerk KLY)
Aug 25, 2026
Service by Mail
#10
Aug 28, 2026
OBJECTIONS to 9 FINDINGS and RECOMMENDATIONS by Respondent Warden, California City Detention Facility. (Rodriguez, Elisa) Modified on 9/1/2026 (HAH). (Entered: 08/28/2026)
Main Document: Objections to Findings and Recommendations
#11
Sep 02, 2026
ORDER signed by District Judge Dena M. Coggins on 09/02/26; ADOPTING 9 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents shall IMMEDIATELY RELEASE Petitioner Maribel Arely Velasquez Perez (A-221-097-203). At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall not impose any additional restriction on Petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED AND RESTRAINED from re-detaining Petitioner unless Respondents provide at least 7 days' written notice to Petitioner. Within 3 days from the date of entry of this order, Respondents shall file a notice of compliance with this court confirming Petitioner's release from custody. CASE CLOSED. (cc Cal City) (Deputy Clerk VLC) (Entered: 09/02/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#12
Sep 02, 2026
JUDGMENT dated *09/02/26* pursuant to order signed by District Judge Dena M. Coggins on 09/02/26 in favor of Petitioner. (Deputy Clerk VLC) (Entered: 09/02/2026)
Main Document: Judgment
Sep 02, 2026
SERVICE BY MAIL: 12 Judgment and 11 Order served on Maribel Arely Velasquez Perez. (Deputy Clerk VLC)
Sep 02, 2026
Service by Mail
#13
Sep 05, 2026
NOTICE OF COMPLIANCE by Warden, California City Detention Facility. (Rodriguez, Elisa) (Entered: 09/05/2026)
Main Document: Notice of Compliance

Parties

(HC) Velasquez Perez
Party
Warden, California City Detention Facility
Party