Eastern District of California • 1:26-cv-06831
(HC) Romero Perez v. Warden of the Mesa Verde Detention Facility
Completed
Case Information
Filed: August 26, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 03, 2026
Last Activity:
September 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 26, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Mesa Verde Detention Facility by Osmany Romero Perez. (Deputy Clerk SZ) (Entered: 08/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 26, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Osmany Romero Perez. (Deputy Clerk SZ) (Entered: 08/27/2026)
Main Document:
In Forma Pauperis
#3
Aug 26, 2026
MOTION to APPOINT COUNSEL by Osmany Romero Perez. (Deputy Clerk SZ) (Entered: 08/27/2026)
Main Document:
Appoint Counsel
#4
Aug 27, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 08/27/2026)
Main Document:
Immigration New Case Documents
#5
Aug 27, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/27/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner's prior release from custody created a liberty interest that entitles Petitioner to pre-deprivation notice and opportunity to be heard. 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; see also M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. Respondents are ORDERED TO SHOW CAUSE on or before September 1, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release based on the violation of Petitioner's due process rights by filing a return as provided in 28 U.S.C. § 2243. 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 ENTRY] (Deputy Clerk GJM) (Entered: 08/27/2026)
#6
Aug 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Warden of the Mesa Verde Detention Facility (Disparte, Quinn) (Entered: 08/27/2026)
Main Document:
DESIGNATION
Aug 27, 2026
SERVICE BY MAIL: 5 Minute Order served on Osmany Romero Perez. (Deputy Clerk GJM)
Aug 27, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 27, 2026
Service by Mail
Aug 27, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Osmany Romero Perez. (Deputy Clerk SZ)
#7
Sep 01, 2026
RESPONSE to 5 ORDER to SHOW CAUSE by Warden of the Mesa Verde Detention Facility. (Attachments: # 1 I-213, # 2 NTA, # 3 Appeal of Order of Removal, # 4 Order of Removal)(Disparte, Quinn) (Entered: 09/01/2026)
Main Document:
RESPONSE
#8
Sep 03, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 9/3/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner OSMANY ROMERO PEREZ (A# 244-555-936) 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 Mesa Verde Detention Facility 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. Respondents shall file a status report within five (5) days of Petitioner's release, confirming Petitioner's release. CASE CLOSED. (cc: ICE–Mesa Verde Detention Facility) (Deputy Clerk GJM) (Entered: 09/03/2026)
#9
Sep 03, 2026
JUDGMENT dated *9/3/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 9/3/2026. (Deputy Clerk GJM) (Entered: 09/03/2026)
Main Document:
Judgment
Sep 03, 2026
SERVICE BY MAIL: 8 Release Order, 9 Judgment served on Osmany Romero Perez. (Deputy Clerk GJM)
Sep 03, 2026
Service by Mail
#10
Sep 04, 2026
STATUS REPORT by Warden of the Mesa Verde Detention Facility. (Disparte, Quinn) (Entered: 09/04/2026)
Main Document:
STATUS
Parties
(HC) Romero Perez
Party
Warden of the Mesa Verde Detention Facility
Party