Eastern District of California • 1:26-cv-04759
(HC) Perez v. Warden, California City Detention
Completed
Case Information
Filed: June 22, 2026
Assigned to:
Micah Wj Smith
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Completed: July 29, 2026
Last Activity:
July 29, 2026
Parties:
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Docket Entries
#1
Jun 22, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention by Ruben Pantoja Perez. (Deputy Clerk CM) (Entered: 06/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 22, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Ruben Pantoja Perez. (Deputy Clerk CM) (Entered: 06/23/2026)
Main Document:
In Forma Pauperis
#3
Jun 23, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Ruben Pantoja Perez signed by Visiting Judge Micah WJ Smith on 06/23/2026. (Deputy Clerk CM) (Entered: 06/23/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#4
Jun 23, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 06/23/2026)
Main Document:
Immigration New Case Documents
#5
Jun 23, 2026
EO: The court has received and reviewed Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241, Dkt. No. 1 . The court intends to rule on the petition. See 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."). On or before June 25, 2026, Respondent is ORDERED to answer in writing the following questions: 1. Is Petitioner subject to a final order of removal? If so, after being ordered removed, was Petitioner released under an order of supervision or otherwise released from custody by immigration authorities? If Petitioner was released, are there any factual or legal bases to distinguish this case from cases like Afshin A.N. v. Chestnut, No. CV 1:26-cv-03813-MWJS, 2026 WL 1726781 (E.D. Cal. June 15, 2026)? 2. In Respondent's view, is Petitioner subject to mandatory detention pursuant to any provision of the Immigration and Nationality Act other than 8 U.S.C. § 1225(b)(2)? If the answer is yes, what is the relevant detention authority and why does Respondent think that it applies to Petitioner? 3. Other than the circumstances covered by the first question, was Petitioner otherwise ever detained and released by immigration authorities? If the answer is yes, what were the circumstances of that release, and are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners in a variety of circumstances have been granted immediate release? See, e.g., Maxo Ben G. v. Warden of Mesa Verde Det. Facility, No. 1:26-cv-03776-MWJS, 2026 WL 1457554 (E.D. Cal. May 21, 2026); Kallebe C.L. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-03651-MWJS, 2026 WL 1374754 (E.D. Cal. May 14, 2026); A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS, 2026 WL 1190220 (E.D. Cal. Apr. 29, 2026); Sergio D.L.S. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026). 4. If Petitioner was not previously detained and released by immigration authorities, are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners have been granted bond hearings? See, e.g., Juana G.R.P. v. Warden of the Cal. City Det. Facility, No. 1:26-cv-04406-MWJS, 2026 WL 1712375 (E.D. Cal. June 12, 2026); Bertoldo B.F. v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-03634-MWJS, 2026 WL 1638322 (E.D. Cal. June 4, 2026)? 5. Was Petitioner previously granted a bond hearing before an immigration judge? If the answer is yes, when was that hearing held, what was the outcome, and what was the reasoning underlying the immigration judge's decision? Petitioner may file a reply on or before June 29, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. And given the court's ongoing consideration of the petition, and unless and until the court orders otherwise, the court ORDERS that Respondent shall not transfer or otherwise take Petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/23/2026)
Jun 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 23, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents, 3 Order Authorizing IFP Status served on Ruben Pantoja Perez. (Deputy Clerk CM)
Jun 23, 2026
Service by Mail
Jun 23, 2026
SERVICE BY MAIL: A copy of Dk. No. 5 Entering Order, was served on Ruben Pantoja Perez at the address of record on 6/23/2026. (Deputy Clerk AB)
#6
Jun 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Detention (Andrews, Anthony) (Entered: 06/24/2026)
Main Document:
DESIGNATION
#7
Jun 25, 2026
RESPONSE by Warden, California City Detention to 1 Petition for Writ of Habeas Corpus, 5 Minute Order,,,,,,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,,,,,,,. (Andrews, Anthony) (Entered: 06/25/2026)
Main Document:
RESPONSE
#8
Jun 29, 2026
EO: Upon review of Respondent's answer and opposition to habeas petition, Dkt. No. 7, the court believes this case would benefit from the appointment of counsel. Within seven days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Smith_Orders@hid.uscourts.gov, who shall update the docket to reflect counsel's appointment. Within fourteen days of appointment of counsel, Petitioner may supplement of amend the petition for a writ of habeas corpus, Dkt. No. 1 . Respondents will then have seven days to supplement their Response, should they choose to do so. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/29/2026)
Jun 29, 2026
Service by Mail
Jun 29, 2026
SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 8 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on June 29, 2026. (Deputy Clerk AB)
Jun 29, 2026
SERVICE BY MAIL: A copy of Dkt. No. 8 Entering Order, was served on Ruben Pantoja Perez at the address of record on 6/29/2026. (Deputy Clerk AB)
Jun 29, 2026
Minute Order
#9
Jul 07, 2026
EO: On June 29, 2026, the court issued an order instructing the appointing authority for the Eastern District of California to identify counsel for Petitioner on or before July 6, 2026. Dkt. No. 8 . To the extent the appointing authority requires additional time, they should notify the court. Absent that, on or before July 10, 2026, the appointing authority shall identify counsel and send counsel's contact information to Smith_Orders@hid.uscourts.gov, and the Clerk's Office shall update the docket to reflect counsel's appointment. Within fourteen days of appointment of counsel, Petitioner may supplement of amend the petition for a writ of habeas corpus, Dkt. No. 1 . Respondent will then have seven days to supplement his response, should he choose to do so. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/07/2026)
Jul 07, 2026
Service by Mail
Jul 07, 2026
SERVICE BY MAIL: A copy of Dkt. No. 9 Entering Order, was served on Ruben Pantoja Perez at the address of record on 7/7/2026. (Deputy Clerk AB)
Jul 07, 2026
Minute Order
Jul 07, 2026
SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 9 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on July 7, 2026. (Deputy Clerk AB)
#10
Jul 08, 2026
EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 9 Entering Order. Attorney Erin Radekin is hereby APPOINTED as CJA counsel for Petitioner Ruben Pantoja Perez. The Clerk of Court shall update the docket to reflect said attorney at 2012 H Street Suite 200 Sacramento, CA 95811, 916-504-3931, erinjradekin@gmail.com respectively, as counsel for Petitioner in this matter, nunc pro tunc to 7/6/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/08/2026)
Jul 08, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#11
Jul 10, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#12
Jul 15, 2026
AMENDED DOCUMENT by Ruben Pantoja Perez: Amended 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Points and Authorities, # 2 Exhibits, # 3 Proposed Order)(Radekin, Erin) (Entered: 07/15/2026)
Main Document:
AMENDED
#13
Jul 22, 2026
Notice (Other)
Main Document:
Notice (Other)
#14
Jul 27, 2026
REPLY by Ruben Pantoja Perez re 13 Notice - Other, 7 Response. (Attachments: # 1 Declaration)(Radekin, Erin) (Entered: 07/27/2026)
Main Document:
REPLY
#15
Jul 29, 2026
Order AND ~Util - Terminate Civil Case
Main Document:
Order AND ~Util - Terminate Civil Case
#16
Jul 29, 2026
Judgment
Main Document:
Judgment
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