Eastern District of California • 1:26-cv-02422

(HC) Jimenez Perez v. Andrews

Completed

Case Information

Filed: March 30, 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: July 16, 2026
Last Activity: July 16, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 30, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Pamela Bondi, Todd Lyons, Markwayne Mullin by Tomas Jimenez Perez. (Filing fee $ 5, receipt number ACAEDC-13109321) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit)(Lal, Prerna) (Entered: 03/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 30, 2026
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Mar 30, 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: 03/30/2026)
Main Document: CONSENT/DECLINE
#4
Apr 03, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 4/3/2026: Petitioner, proceeding through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondents are directed to file an answer/return within 14 days from the date of this order. Respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Quichimbo-Jimenez v. Warden, No. 2:26-cv-0739 DAD EFB, 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), J.P.C. v. Chestnut, No. 1:26-cv-2108 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. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of respondent's answer/return. 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"). The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. (Text Only Entry) (Deputy Clerk MCF) (Entered: 04/03/2026)
Apr 03, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#5
Apr 06, 2026
OPPOSITION by Respondents Tonya Andrews, Pamela Bondi, Todd Lyons, Markwayne Mullin. (Hemesath, Audrey) (Entered: 04/06/2026)
Main Document: OPPOSITION
#6
Jul 13, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#7
Jul 13, 2026
Appoint Counsel
Main Document: Appoint Counsel
#8
Jul 13, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 7/13/2026: Pending the issuance of the court's order resolving the pending 6 motion for temporary restraining order, 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 6 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 respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 6 motion for temporary restraining order by 5:00 PM on Wednesday, 7/15/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in 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 respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 07/13/2026)
Jul 13, 2026
Minute Order
#9
Jul 14, 2026
SUPPLEMENTAL OPPOSITION by Respondents. (Hemesath, Audrey) Modified on 7/20/2026 (HAH). (Entered: 07/14/2026)
Main Document: SUPPLEMENTAL
#10
Jul 16, 2026
Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
#11
Jul 16, 2026
Judgment
Main Document: Judgment

Parties

Andrews
Party
(HC) Jimenez Perez
Party