Eastern District of California • 1:26-cv-05738

#1

Jul 23, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, 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, Warden of the California City Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Ferley Lopez-Torres. (Deputy Clerk JPX) (Entered: 07/23/2026)

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Jul 23, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Ferley Lopez-Torres signed by Visiting Judge Rebecca L Pennell on 7/23/2026. (Deputy Clerk JPX) (Entered: 07/23/2026)

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Jul 23, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 07/23/2026)

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Jul 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Director United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Yu, GOVT for Current or Acting United States Attorney General,Jonathan Yu, GOVT for Warden of the California City Detention Facility (Yu, Jonathan) (Entered: 07/23/2026)

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Jul 23, 2026

MINUTE ORDER (Text Only Entry). The Court has reviewed the Petition for Writ of Habeas Corpus. ECF No. 1. Ruling on the Petition for Writ of Habeas Corpus is reserved at this time. Respondents shall file any opposition to the Petition by July 28, 2026. Any response must include Petitioner's (A-File # 240801100) full and complete Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, including available documentation related to any asserted violations of release conditions. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Respondent is directed to indicate on or before the filing deadline (1) whether they are requesting a hearing; and (2) whether they request additional briefing on the merits of the petition. Depending on the content of the filings, the Court may set a hearing or may rule on the papers. In the meantime, pending a ruling on the Petition for Writ of Habeas Corpus, the Court orders that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). Signed by Visiting Judge Rebecca L Pennell on 7/23/2026: (Text Only Entry). (Deputy Clerk LLH) (Entered: 07/23/2026)

Jul 23, 2026

Minute Order

Jul 23, 2026

Service by Mail

Jul 23, 2026

SERVICE BY MAIL: 5 Minute Order served on Ferley Lopez-Torres. (Deputy Clerk LLH)

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Jul 24, 2026

NOTICE OF DUPLICATE PETITION 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 of the California City Detention Facility re 5 Minute Order,,,,, 1 Petition for Writ of Habeas Corpus,. (Yu, Jonathan) (Entered: 07/24/2026)

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Jul 27, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Jonathan Williams, GOVT added for All Respondents. Attorney Jonathan Yu, GOVT terminated. (Williams, Jonathan) Modified on 8/3/2026 (KS). (Entered: 07/27/2026)

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Jul 28, 2026

ANSWER (Response) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Williams, Jonathan) Modified on 8/3/2026 (KS). (Entered: 07/28/2026)

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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

Service by Mail

Jul 31, 2026

Minute Order

Jul 31, 2026

SERVICE BY MAIL: 9 Minute Order served on Ferley Lopez-Torres. (Deputy Clerk LLH)

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Aug 03, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/3/2026: This matter is REFERRED to the assigned Magistrate Judge for all further proceedings consistent with E.D. Cal. L.R. 302(c)(17). IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/03/2026)

Aug 03, 2026

Minute Order

Aug 03, 2026

Service by Mail

Aug 03, 2026

SERVICE BY MAIL: 10 Minute Order served on Ferley Lopez-Torres. (Deputy Clerk GJM)

#11

Aug 04, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/4/2026: Petitioner filed his first pro se petition for writ of habeas corpus on 7/6/2026, which initiated habeas case number 1:26-cv-5190. On 7/15/2026, the court appointed counsel for petitioner in the first habeas case and ordered the filing of an amended petition or traverse. Petitioner then initiated this action by filing a petition for writ of habeas corpus on 7/23/2026. (ECF No. 1 .) On 7/24/2026, respondents filed a notice of duplicate petition noting the pendency of the first habeas case. (ECF No. 6 .) On 7/31/2026, the court related this matter to the previously filed habeas case. (ECF No. 9 .) The court has reviewed both petitions, which raise the same claims. "Plaintiffs generally have no right to maintain two separate actions involving the same subject matter at the same time in the same court and against the same defendant." Adams v. Cal. Dep't of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007) (cleaned up). Where, as here, "a new pro se petition is filed before the adjudication of a prior petition is complete, the new petition should be construed as a motion to amend the pending petition rather than as a successive application." See Woods v. Carey, 525 F.3d 886, 888-90 (9th Cir. 2008). However, because petitioner has counsel appointed in his first habeas proceeding, "construing the later-filed petition as a motion to amend would serve no purpose." See Lopez v. Warden, California City Corr. Ctr., No. 2:26-cv-0541-KES-EPG-HC, 2026 WL 564431, at *1 (E.D. Cal. Feb. 27, 2026), report and recommendation adopted, 2026 WL 895693 (E.D. Cal. Apr. 1, 2026). Thus, the instant action is duplicative and should be dismissed. Accordingly, it is hereby RECOMMENDED that: (1) the petition for writ of habeas corpus, ECF No. 1, be DISMISSED without prejudice; and (2) the Clerk of Court be ordered to enter judgment accordingly and close this case.These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 08/04/2026)

Aug 04, 2026

Findings and Recommendations

Aug 04, 2026

SERVICE BY MAIL: 11 Findings and Recommendations served on Ferley Lopez-Torres. (Deputy Clerk NAC)

Aug 04, 2026

Service by Mail

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Aug 28, 2026

ORDER signed by District Judge Daniel J. Calabretta on 8/27/2026 ADOPTING 11 Findings and Recommendations in full; The petition for writ of habeas corpus, 1, is DISMISSED without prejudice as duplicative; and The Clerk of Court is directed to enter judgment accordingly and close this case. CASE CLOSED. (Deputy Clerk LMS) (Entered: 08/28/2026)

#13

Aug 28, 2026

JUDGMENT dated *8/28/2026* pursuant to order signed by District Judge Daniel J. Calabretta on 8/27/2026. (Deputy Clerk LMS) (Entered: 08/28/2026)

Aug 28, 2026

SERVICE BY MAIL: 12 Order Adopting Findings and Recommendations, 13 Judgment served on Ferley Lopez-Torres. (Deputy Clerk LMS)

Aug 28, 2026

Service by Mail

Sep 09, 2026

MAIL RETURNED as Undeliverable, Unable to Forward: 12 Order Adopting Findings and Recommendations, 13 Judgment sent to Ferley Lopez-torres. Notice of Change of Address due by 10/19/2026. (Deputy Clerk CRN)