Eastern District of California • 1:26-cv-05917
(HC) Bello Perez v. U.S. Immigration and Customs Enforcement (ICE)
Completed
Case Information
Filed: July 28, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 07, 2026
Last Activity:
August 07, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 28, 2026
PETITION for WRIT of HABEAS CORPUS against Attorney General of the United States, U.S. Immigration and Customs Enforcement, Warden of Golden State Annex Detention Facility by Hermindo Bello Perez. (Filing fee $ 5, receipt number ACAEDC-13648149) (Attachments: # 1 Civil Cover Sheet)(Yekrangi, Ashkan) (Entered: 07/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Hermindo Bello Perez. (Attachments: # 1 Exhibit, # 2 Exhibit)(Yekrangi, Ashkan) (Entered: 07/28/2026)
Main Document:
Temporary Restraining Order
#3
Jul 28, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Hermindo Bello Perez for attorney Allison Rub to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13648330) (Attachments: # 1 Certificate of Record Certificate of Good Standing) (Yekrangi, Ashkan) (Entered: 07/28/2026)
Main Document:
Application for Pro Hac Vice and Proposed Order
#4
Jul 28, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/28/2026)
Main Document:
Immigration New Case Documents
#5
Jul 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Attorney General of the United States,Elisa M. Rodriguez for U.S. Immigration and Customs Enforcement (ICE),Elisa M. Rodriguez for Warden of Golden State Annex (Rodriguez, Elisa) (Entered: 07/28/2026)
Main Document:
DESIGNATION
#6
Jul 29, 2026
ORDER signed by District Judge Daniel J. Calabretta on 07/28/26 GRANTING 3 Application for Pro Hac Vice. Added attorney Allison Rub, PHV for Hermindo Bello Perez. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk VLC) (Entered: 07/29/2026)
Main Document:
Order on Application for Pro Hac Vice
#7
Jul 31, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/31/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in Count 3 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 2 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 August 5, 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. Petitioner may file a reply on or before August 7, 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: 07/31/2026)
Jul 31, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#8
Aug 05, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Rodriguez, Elisa) Modified on 8/11/2026 (KS). (Entered: 08/05/2026)
Main Document:
ANSWER
#9
Aug 05, 2026
TRAVERSE/REPLY by Hermindo Bello Perez. (Rub, Allison) Modified on 8/11/2026 (KS). (Entered: 08/05/2026)
Main Document:
TRAVERSE/REPLY
#10
Aug 07, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 8/7/2026 GRANTING 1 Petition for Writ of Habeas Corpus as to Count 3, for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner HERMINDO BELLO PEREZ (A# 241-895-712) 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: 08/07/2026)
Main Document:
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#11
Aug 07, 2026
JUDGMENT dated *8/7/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 8/7/2026. (Deputy Clerk GJM) (Entered: 08/07/2026)
Main Document:
Judgment
Parties
(HC) Bello Perez
Party
U.S. Immigration and Customs Enforcement (ICE)
Party