Eastern District of California • 1:26-cv-01675

(HC) Perez Perez v. Warden, California City Corrections Center

Active

Case Information

Filed: February 28, 2026
Assigned to: Dale Alan Drozd
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 26, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 28, 2026
PETITION for WRIT of HABEAS CORPUS against Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden of California City Corrections Center by Willians Alcides Perez Perez. (Filing fee $ 5, receipt number ACAEDC-12971275) (Attachments: # 1 Civil Cover Sheet)(Juarez, Nancy) (Entered: 02/28/2026)
Main Document: PETITION
#2
Feb 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Willians Alcides Perez Perez. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 02/28/2026)
Main Document: MOTION
#3
Mar 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/6/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/02/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 02, 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. (Anonymous) (Entered: 03/02/2026)
Main Document: CONSENT/DECLINE
#5
Mar 02, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/2/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents 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, no later than tomorrow, 3/3/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Wednesday, 3/4/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC, 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 03/02/2026)
Mar 02, 2026
Minute Order
#6
Mar 03, 2026
MOTION to DISMISS ALL RESPONDENT'S OTHER THAN PETITIONER'S IMMEDIATE CUSTODIAN by Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement. (Black, Lauren) Modified on 3/4/2026 (KLY). (Entered: 03/03/2026)
Main Document: Dismiss
#7
Mar 03, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Respondents; OPPOSITION to Temporary Restraining Order. (Black, Lauren) Modified on 3/4/2026 (KLY). (Entered: 03/03/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#8
Mar 03, 2026
REPLY by Willians Alcides Perez Perez re 7 Answer to Petition for Writ of Habeas Corpus. (Juarez, Nancy) (Entered: 03/03/2026)
Main Document: REPLY
#9
Mar 03, 2026
CERTIFICATE / PROOF of SERVICE by Willians Alcides Perez Perez. (Juarez, Nancy) (Entered: 03/03/2026)
Main Document: Certificate / Proof of Service
#10
Mar 05, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/5/2026: On 2/28/2026, petitioner, proceeding pro se, filed a motion for a temporary restraining order (Doc. No. 2 ). On 3/3/2026, respondents filed their opposition (Doc. No. 6 ) to petitioner's motion. Respondents also state therein that they do not oppose treating the motion for temporary restraining order as a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Id. at 1-2.) Still, respondents oppose petitioner's motion, citing the decision Buenrostro-Mendez v. Bondi, No. 25-20496, 2026 WL 323330 (5th Cir. Feb. 6, 2026). (Id.) The court has recently explained why it finds the reasoning of the majority in Buenrostro-Mendez to be unpersuasive. See Iskandar Wasef v. Chestnut, et al., 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389 (Feb. 12, 2026). The court incorporates that reasoning here. The court further finds analogous and persuasive its prior analysis in Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026) where it found that the petitioner was likely to succeed on the merits of his claims in light of the final judgement entered in Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025), judgment entered sub nom. Maldonado Bautista v. Noem, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3678485 (C.D. Cal. Dec. 18, 2025) and incorporates that analysis herein as well. Here, petitioner entered the United States in 2013. (Doc. No. 1 at 3.) Petitioner was detained by Immigration and Customs Enforcement ("ICE") officers on 1/27/2026 while walking back from the grocery store in New Jersey. (Id. at 4.) Accordingly, pursuant to the court's reasoning as stated in Rangel, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a Motion for Preliminary Injunction and is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to provide petitioner a bond hearing within ten (10) days of the date of entry of this order; (2) Within three days of the bond hearing, respondents shall file a status report in this case confirming that petitioner has been provided the bond hearing; and (3) petitioner's request for a temporary restraining order ordering respondents to immediately release him is DENIED without prejudice. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The petition for habeas corpus (Doc. No. 1 ) and respondents' motion to dismiss (Doc. No. 6 ) are referred to Magistrate Judge Chi Soo Kim for further proceedings. (Deputy Clerk JRM) (Entered: 03/05/2026)
Mar 05, 2026
Minute Order AND Order on Motion for TRO
#11
Mar 13, 2026
STATUS REPORT by Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden of California City Corrections Center. (Black, Lauren) (Entered: 03/13/2026)
Main Document: STATUS
#12
Mar 16, 2026
***DISREGARDED, filed in Error***RESPONSE by Willians Alcides Perez Perez to 11 Status Report. (Juarez, Nancy) (Entered: 03/16/2026)
Main Document: RESPONSE
#13
Mar 16, 2026
CLERK'S NOTICE of DOCKET CORRECTION re 12 Response: Please Disregard, Filed in Error. (Deputy Clerk EF) (Entered: 03/16/2026)
#14
Mar 20, 2026
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 3/20/2026. Parties must review this MINUTE ORDER Document, which is a scheduling order. If additional briefing is needed to decide the petition on the merits, within 7 days of the date of this order, respondents may file an answer. If respondents do not file an answer by this deadline, the petition will be deemed submitted on the record currently before the court without any additional briefing. If respondents file an answer, petitioner may file a traverse within 7 days of the filing of respondents' answer. (Deputy Clerk RAA) (Entered: 03/20/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
Apr 14, 2026
ORDER signed by District Judge Dale A. Drozd on 4/13/2026 RELATING CASES 1:26-cv-01675 and 2:26-cv-01303 and DIRECTING Petitioner's counsel to file a status report by 4/20/2026 informing the court whether petitioner requests that the court construe the second-filed petition as a motion to amend the first-filed petition. (Deputy Clerk OML)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#16
Apr 20, 2026
STATUS REPORT by Wilians Alcides Perez Perez. (Juarez, Nancy) (Entered: 04/20/2026)
Main Document: STATUS
#17
Apr 20, 2026
MOTION to WITHDRAW as ATTORNEY by Wilians Alcides Perez Perez. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 04/20/2026)
Main Document: Withdraw as Attorney
#18
Apr 20, 2026
CERTIFICATE / PROOF of SERVICE by Wilians Alcides Perez Perez. (Juarez, Nancy) (Entered: 04/20/2026)
Main Document: Certificate / Proof of Service
#19
May 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement,Audrey Benison Hemesath, GOVT for Warden of California City Corrections Center, attorney Lauren Black, GOVT terminated (Hemesath, Audrey) (Entered: 05/02/2026)
Main Document: DESIGNATION
#20
May 12, 2026
MOTION to DISMISS Without Prejudice filed pro se by Wilians Alcides Perez Perez. (Deputy Clerk OML) Modified on 5/14/2026 (KLY). (Entered: 05/13/2026)
Main Document: Dismiss
#21
May 14, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/14/2026: On 5/12/2026, petitioner, proceeding pro se, filed a 20 motion to dismiss pursuant to Federal Rule of Civil Procedure 41(a)(2). Despite the pending 17 motion to withdraw as counsel, petitioner is still represented by counsel. Pro se filings by a represented party are improper. See Riel v. Warden, San Quentin State Prison, No. 2:01-cv-0507-MCE-DB, 2023 WL 2413825, at *1 (E.D. Cal. Mar. 8, 2023); United States v. Brayshaw, No. 2:14-mc-00088-MCE-KJN, 2018 WL 534120, at *1 (E.D. Cal. Jan. 23, 2018) (noting that under Rule 11, a party "cannot both be represented and file her own motions"). Therefore, the court DENIES the 20 motion to dismiss without prejudice to a properly filed motion or stipulation pursuant to Rule 41(a)(1)(A)(ii). (Deputy Clerk PAB) (Entered: 05/14/2026)
May 14, 2026
Minute Order AND Order on Motion to Dismiss
#22
May 22, 2026
ORDER signed by District Judge Dale A. Drozd on 5/22/26 GRANTING 17 Motion to Withdraw as Attorney. Petitioner may have new counsel file a substitution of attorney but until or unless new counsel appears, petitioner is SUBSTITUTED in pro se i n this action and is DIRECTED that as a petitioner now proceeding pro se in this action he is required to comply with the Federal Rules of Civil Procedure, the Local Rules of this court, and all orders of this court. Clerk to update contact information of petitioner and serve this order. (Deputy Clerk JAW)
Main Document: Order AND Order on Motion to Withdraw as Attorney
May 22, 2026
SERVICE BY MAIL: 22 Order served on Willians Alcides Perez Perez. (Deputy Clerk JAW)
May 22, 2026
Service by Mail
#23
May 26, 2026
MOTION to VOLUNTARILY DISMISS Without Prejudice by Willians Alcides Perez Perez. (Deputy Clerk VLK) (Entered: 05/27/2026)
Main Document: Dismiss
#24
Jun 11, 2026
ORDER signed by District Judge Dale A. Drozd on 06/10/26 DENYING 23 Motion to Dismiss without prejudice. The 1 Petition for Habeas Corpus and Respondents' 6 Motion to Dismiss are re-referred to Magistrate Judge Chi Soo Kim for further proceedings. (Deputy Clerk KML)
Main Document: Order AND Order on Motion to Dismiss
Jun 11, 2026
Service by Mail
Jun 11, 2026
SERVICE BY MAIL: 24 Order served on Willians Alcides Perez Perez. (Deputy Clerk KML)
Jun 22, 2026
MAIL RETURNED as Return to Sender, Not Deliverable as addressed, Unable to Foward: 24 Order sent to Willians Alcides Perez Perez. Notice of Change of Address due by 7/30/2026. (Deputy Clerk AKP)
Jul 09, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 09, 2026
Service by Mail
#27
Jul 15, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 7/15/2026 RECOMMENDING this action be dismissed. Referred to Judge Dale A. Drozd. Objections due within 7 days after being served with these Findings and Recommendations. (Deputy Clerk VLK)
Main Document: Findings and Recommendations
Jul 15, 2026
Service by Mail
#28
Aug 26, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Civil Case
#29
Aug 26, 2026
Judgment
Main Document: Judgment
Aug 26, 2026
Service by Mail

Parties

(HC) Perez Perez
Party
Warden, California City Corrections Center
Party