Eastern District of California • 1:25-cv-02037

#1

Dec 29, 2025

(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 Mesa Verde Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Roberto Antonio Pernalete Ures. RECEIPT NUMBER 100006763 for the filing fee in the amount of $5.00 paid by Dante Enrique Segura on 12/29/2025 fbo Roberto Antonio Pernalete Ures. (Deputy Clerk CRM) (Entered: 12/29/2025)

#2

Dec 29, 2025

MOTION to PROCEED IN FORMA PAUPERIS by Roberto Antonio Pernalete Ures. (Deputy Clerk CRM) (Entered: 12/29/2025)

#3

Dec 29, 2025

MOTION to APPOINT COUNSEL by Roberto Antonio Pernalete Ures. (Deputy Clerk CRM) (Entered: 12/29/2025)

#4

Dec 29, 2025

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/2/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 12/29/2025)

Dec 29, 2025

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Roberto Antonio Pernalete Ures. (Deputy Clerk CRM)

Dec 29, 2025

Service by Mail

#5

Dec 31, 2025

ORDER signed by Magistrate Judge Dennis M. Cota on 12/31/25 DENYING AS MOOT 2 Motion to Proceed IFP and GRANTING 3 Motion to Appoint Counsel. Within ten days of this order, the appointing authority for the Eastern District of California shall i dentify counsel and send counsels contact information to the undersigneds courtroom deputy Jodi Palmer at jpalmer@caed.uscourts.gov, and counsel will be added as counsel for Petitioner. If counsel is not a member of the Eastern District of Calif ornia Criminal Justice Act Panel, within ten days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. New counsel for Petitioner shall meet and confer with opposing counsel on a briefing schedule an d jointly file that schedule with the court within 14 days of this order. In order to ensure this courts jurisdiction to resolve the pending § 2241 petition, Respondent shall not transfer Petitioner outside of this judicial district, pending further order of the court. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk VLC)

Dec 31, 2025

Service by Mail

Jan 12, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#9

Jan 26, 2026

06 - HC/Order Requiring Respondent to File a Response

#13

Mar 09, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 3/9/26 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted as Petitioner's detention violates due process; That Petitioner be released immediately fr om Respondents' custody and Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; and that Respondents are enjoined a nd restrained from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. Referred to Judge Dale A. Drozd. Objections due within 7 days after being served with these Findings and Recommendations. (Deputy Clerk JAW)

#14

Mar 14, 2026

Objections to Findings and Recommendations

#15

Apr 07, 2026

ORDER signed by District Judge Dale A. Drozd on 04/07/2026 ADOPTING the 13 Findings and Recommendations in FULL. Petitioner's 1 Petition for Writ of Habeas Corpus is GRANTED-IN-PART. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Roberto Antonio Pernalete Ures, A# 249-206-485, on the conditions he was subject to, if any, immediately prior to his re-detention on 6/13/2025. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent exigent circumstances withou t providing Petitioner notice and a pre-detention hearing before an immigration judge, at which hearing the government will bear the burden to demonstrate Petitioner is a danger to the community or flight risk by clear and convincing evidence. Petitioner's request for attorney's fees is DENIED without prejudice to bringing a properly noticed and supported motion. CASE CLOSED. (cc: Mesa Verde) (Deputy Clerk KS)

#16

Apr 07, 2026

Judgment