Eastern District of California • 1:26-cv-06294

#1

Aug 08, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Felipe Perez Lopez. (Filing fee $ 5, receipt number ACAEDC-13703912) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Bautista, Cynthia) Modified on 8/17/2026 (KS). (Entered: 08/08/2026)

#2

Aug 08, 2026

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Felipe Perez Lopez for attorney Margie S. Lazo to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13703914) (Attachments: # 1 Exhibit certificate of good standing) (Bautista, Cynthia) (Entered: 08/08/2026)

#3

Aug 10, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/10/2026)

#4

Aug 10, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Jonathan Yu, GOVT added for All Respondents. (Yu, Jonathan) Modified on 8/17/2026 (KS). (Entered: 08/10/2026)

#5

Aug 11, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/11/2026. Petitioner, Felipe Perez Lopez (A# 221-363-559), through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The petition asserts petitioner's detention violates the Immigration and Nationality Act and it's implementing regulations, as well as the Fifth Amendment Due Process Clause and the Maldonado Bautista v. Noem (5:25-cv-1873 SSS BFM) Final Judgment. ECF No. 1 . The Ninth Circuit recently ruled on a similar statutory claim, holding that "[noncitizen's] present without admission who are apprehended in the interior of the United States are subject to detention regime of § 1226, not § 1225(b)(2)(A)" and are therefore "entitle[d] to a bond hearing." Rodriguez Vazquez v. Bostock, No 25-6842, ___ F.4th ____, 2026 WL 2196424, at *3, 7 (9th Cir. July 30, 2026). Respondents are therefore 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 this case from Rodriguez Vazquez v. Bostock or the court's prior orders in Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 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. [If no prior no transfer order: 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: 08/11/2026)

Aug 11, 2026

Minute Order

#6

Aug 12, 2026

ORDER signed by Magistrate Judge Allison Claire on 08/11/26 GRANTING 2 Application for Pro Hac Vice. Added attorney Margie Stephanie Lazo, PHV for Felipe Perez Lopez. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk AJB) (Entered: 08/12/2026)

#7

Aug 17, 2026

REPLY by Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) Modified on 8/18/2026 (HAH). (Entered: 08/17/2026)

#8

Aug 21, 2026

RESPONSE by Felipe Perez Lopez to 7 Reply. (Lazo, Margie) (Entered: 08/21/2026)

#9

Oct 07, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/7/2026 RECOMMENDING the 1 Petition for Writ of Habeas Corpus be granted, Respondents be ordered to immediately release petitioner Felipe Perez Lopez221-363-559 and retur n all of petitioner's documents and possessions at the time of release, and directing respondents not impose any restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing. It is FURTHER RECOMME NDED respondents enjoin and restrain from re-detaining petitioner unless they provide at least 7 days' written notice to petitioner and hold a pre-deprivation bond hearing before a neutral decision maker, at which hearing respondents will bear t he burden of demonstrating that petitioner is a flight risk or danger to the community and petitioner's eligibility for bond must be considered. Within 3 days of an Order Adopting these Findings and Recommendations, Respondents be ordered to fil e a Notice of Compliance confirming petitioner's release and the court be directed to enter judgment for petitioner and close this case. Referred to Judge Dena Coggins. Objections to these Findings and Recommendations due within 3 days. (Deputy Clerk AMW)