Eastern District of California • 1:26-cv-05091

(HC) Perez Rivas v. U.S. Department of Homeland Security

Completed

Case Information

Filed: July 02, 2026
Assigned to: Vince Chhabria
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 01, 2026
Last Activity: September 01, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden California City Immigration Processing Center, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security by Reinier Perez Rivas. (Deputy Clerk EF) (Entered: 07/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 02, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk EF) (Entered: 07/02/2026)
Main Document: Immigration New Case Documents for MJ as Presider
#3
Jul 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for U.S. Department of Homeland Security,Anthony Andrews for U.S. Immigration and Customs Enforcement,Anthony Andrews for Warden California City Immigration Processing Center (Andrews, Anthony) (Entered: 07/02/2026)
Main Document: DESIGNATION
#4
Jul 02, 2026
ORDER re 1 Habeas Petition signed by District Judge Vince Chhabria on 7/2/2026. Respondents to file a Response to the 1 Habeas Petition by 7/16/2026. Petitioner may file a reply by 7/23/2026. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending.The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar 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 via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Thomas, Julia) (Entered: 07/02/2026)
Main Document: Order
Jul 02, 2026
SERVICE BY MAIL: 4 Order served on Petitioner. (Thomas, Julia)
Jul 02, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Reinier Perez Rivas. (Deputy Clerk EF)
Jul 02, 2026
RECEIPT number 100008665 for $5.00 for Petitioner from Cal City Immigration Processing. (Deputy Clerk EF)
Jul 02, 2026
Service by Mail
#5
Jul 10, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 7/10/2026: Pursuant to the Order appointing counsel dated 7/2/2026 (ECF No. 4 ), the appointing authority for the Eastern District of California has confirmed that attorney Galina Dorris seeks appointment nunc pro tunc to 7/10/2026 and notified the Court of Counsel's contact information. Attorney Galina Dorris is hereby appointed pro hac vice as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Attorney Galina Dorris, Gavrilov & Brooks, 2315 Capitol Ave., Sacramento, CA 95816, 916-333-0886, as counsel for petitioner on an ad hoc basis in this matter. (TEXT ONLY ENTRY) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 07/10/2026)
Jul 10, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#6
Jul 13, 2026
NOTICE of APPEARANCE by Galina Dorris on behalf of Reinier Perez Rivas. (Dorris, Galina) (Entered: 07/13/2026)
Main Document: Notice of Appearance
Jul 13, 2026
MAIL RETURNED as Undeliverable, RTS, not deliverable as addressed, unable to forward: 2 Immigration New Case Documents sent to Galina Dorris at California City, P.O. Box 2513, 22844 Virginia Boulevard, California City, CA 93505. (Deputy Clerk LJB)
#7
Jul 16, 2026
MOTION to DISMISS by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Warden California City Immigration Processing Center. (Andrews, Anthony) (Entered: 07/16/2026)
Main Document: Dismiss
#8
Jul 20, 2026
REPLY by Reinier Perez Rivas re 7 Motion to Dismiss. (Attachments: # 1 Proof of Service)(Dorris, Galina) (Entered: 07/20/2026)
Main Document: REPLY
#9
Jul 20, 2026
REPLY by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Warden California City Immigration Processing Center re 8 Reply. (Andrews, Anthony) (Entered: 07/20/2026)
Main Document: REPLY
Jul 22, 2026
MAIL RETURNED as Undeliverable, No such number, unable to forward: 4 Order sent to Reinier Perez Rivas. Notice of Change of Address due by 8/31/2026. (Deputy Clerk DAR)
#10
Sep 01, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 9/1/2026: The Court GRANTS Respondents' Motion to Dismiss (Dkt. No. 7 ) and dismisses the instant petition as moot given that Petitioner was removed to Mexico on July 2, 2026. Id. at 1. Petitioner's appointed counsel opposes relief on the grounds that Petitioner's removal was in violation of the Court's no transfer order (see Dkt. No. 4), and requests that the Government be ordered to return Petitioner to the United States and continue adjudication on the petition. Dkt. No. 6 at 2-4. "For a habeas petition to continue to present a live controversy after the petitioner's release or deportation... there must be some remaining 'collateral consequence' that may be redressed by success on the petition." Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007). "By contrast, where the grounds for habeas relief will not redress collateral consequences, a habeas petition does not continue to present a live controversy once the petitioner is released from custody." Id. Here, the Court finds that there are no collateral consequences that may be redressed by ruling on the petition. Though Petitioner's counsel seeks an order requiring the Government return Petitioner to the United States, Petitioner did not allege in the petition that removal would be unlawful, rather he only challenged the lawfulness of his detention. See Dkt. No. 1 at 5-8. As Petitioner is no longer detained, there is no further "collateral consequence" this Court can order. Further, the Government did not violate the Court's no transfer order in removing Petitioner. Petitioner was removed the morning of July 2, 2026 (see Dkt. No. 7 at 5), and the Court's no transfer order was entered after this removal (see Dkt. No. 9 at 3). As such, the Court finds that there are no collateral consequences that would be addressed by an order on the habeas petition and dismisses the instant petition as moot. The Clerk of the Court is directed to close this case. (Text Only Entry) (CASE CLOSED) (Thomas, Julia) (Entered: 09/01/2026)
Sep 01, 2026
Minute Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case