Eastern District of California • 1:26-cv-06767

(HC) Perez Gonzalez v. Warden Central Valley Annex

Completed

Case Information

Filed: August 25, 2026
Assigned to: Dale Alan Drozd
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 23, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 24, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Leynier Perez Gonzalez. (Deputy Clerk RRB) (Entered: 08/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Leynier Perez Gonzalez. (Deputy Clerk RRB) (Entered: 08/25/2026)
Main Document: Temporary Restraining Order
#3
Aug 24, 2026
MOTION to EXPEDITE CONSIDERATION of 1 Petition for Writ of Habeas Corpus by Leynier Perez Gonzalez. (Deputy Clerk RRB) Modified on 8/27/2026 (HAH). (Entered: 08/25/2026)
Main Document: Miscellaneous Relief
Aug 24, 2026
RECEIPT number 100009343 for $5.00 for filing fee from Leynler Perez Gonzalez. (Deputy Clerk RRB)
#4
Aug 25, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 HC - Litigant Letter) (Deputy Clerk RRB) (Entered: 08/25/2026)
Main Document: Immigration New Case Documents
#5
Aug 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Warden Central Valley Annex (Disparte, Quinn) (Entered: 08/25/2026)
Main Document: DESIGNATION
#6
Aug 25, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/25/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, the court ORDERS that respondent shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondent shall promptly enter Notices of Appearance if they have not already done so. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Thursday, 8/27/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 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. If respondent opposes this court ruling on the underlying petition, then respondent is DIRECTED to indicate so and provide substantive reasons in support thereof in its opposition. (Deputy Clerk PAB) (Entered: 08/25/2026)
Aug 25, 2026
Service by Mail
Aug 25, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Leynier Perez Gonzalez. (Deputy Clerk RRB)
Aug 25, 2026
Minute Order
Aug 25, 2026
SERVICE BY MAIL: 6 Minute Order served on Leynier Perez Gonzalez. (Deputy Clerk PAB)
#7
Aug 27, 2026
OPPOSITION by Warden Central Valley Annex to 2 Motion for Temporary Restraining Order. (Attachments: # 1 I-213, # 2 NTA, # 3 RAP Sheet)(Disparte, Quinn) (Entered: 08/27/2026)
Main Document: Opposition to Motion
#8
Sep 02, 2026
RELEASE ORDER signed by District Judge Dale A. Drozd on 9/2/2026 GRANTING Petitioner's petition for writ of habeas corpus 1 as follows: Respondent is ORDERED to immediately release petitioner Leynier Perez Gonzalez, A-File No. 240-651-217, from respondent's custody; Respondent is ENJOINED and RESTRAINED from re- detaining petitioner for any purpose, absent exigent circumstances, without written notice and a hearing before an immigration judge where respondents will bear the burden of establishing that petitioner is a danger or flight risk by clear and convincing evidence; Petitioner's motions for temporary restraining order 2, and to expedite 3, are DENIED as having been rendered moot by this order granting his petition for writ of habeas corpus; The Clerk of the Court is directed to serve the warden of the Central Valley Annex with a copy of this order; and The Clerk of the Court is also directed to ENTER judgment in favor of petitioner and to CLOSE this case. CASE CLOSED. (cc: ICE-Central Valley Annex) (Deputy Clerk LMS) (Entered: 09/02/2026)
Main Document: Order AND Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#9
Sep 02, 2026
JUDGMENT dated *9/2/2026* pursuant to order signed by District Judge Dale A. Drozd on 9/2/2026. (cc: Central Valley Annex) (Deputy Clerk LMS) (Entered: 09/02/2026)
Main Document: Judgment
Sep 02, 2026
Service by Mail
Sep 02, 2026
SERVICE BY MAIL: 9 Judgment, 8 Order, served on Leynier Perez Gonzalez. (Deputy Clerk LMS)
#10
Sep 04, 2026
NOTICE of CHANGE of ADDRESS to Central Valley Annex, 254 Taylor Avenue, McFarland, CA 93250 by Leynier Perez Gonzalez. (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document: Notice of Change of Address
#11
Sep 04, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document: CONSENT/DECLINE
Sep 16, 2026
MAIL RETURNED as Undeliverable, No Such Street, Unable to Forward, Released: 9 Judgment, 8 Order Terminate Civil Case sent to Leynier Perez Gonzalez. (Deputy Clerk DAR)
#12
Sep 21, 2026
NOTICE of CHANGE of ADDRESS to Mesa Verde ICE Processing Center, 425 Golden State Ave. Bakersfield, CA 93301 by Leynier Perez Gonzalez. (Deputy Clerk JAW) (Entered: 09/23/2026)
Main Document: Notice of Change of Address

Parties

(HC) Perez Gonzalez
Party
Warden Central Valley Annex
Party