Eastern District of California • 1:26-cv-07180
(HC) Atanacio-Perez v. Warden, California City (ICE)
Active
Case Information
Filed: September 08, 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
Active
Last Activity:
September 23, 2026
Parties:
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Docket Entries
#1
Sep 08, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City (ICE) by Jaime Atanacio-Perez. (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 08, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jaime Atanacio-Perez. (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document:
In Forma Pauperis
#3
Sep 10, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/10/2026)
Main Document:
Immigration New Case Documents
#4
Sep 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for Warden, California City (ICE) (Paniagua, Carmen) (Entered: 09/10/2026)
Main Document:
DESIGNATION
Sep 10, 2026
Service by Mail
Sep 10, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Jaime Atanacio-Perez. (Deputy Clerk DAR)
Sep 10, 2026
Immigration New Case Documents
#5
Sep 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/15/2026. Petitioner, Jaime Atanacio-Perez (A# 208-119-317), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Although petitioner used the incorrect form, petitioner's motion to proceed in forma pauperis (ECF No. 2) is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. The petition, liberally construed, asserts violations of petitioner's due process rights based on his prolonged detention and the revocation of his release. Pursuant to 28 U.S.C. § 2243, respondents are directed to file a response within 7 days from the date of this order (see 28 U.S.C. § 2243), which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Villanueva-Montanez v. Lyons, No. 2:26-cv-00954-DAD-CKD, 2026 WL 797930 (E.D. Cal. Mar. 23, 2026), Kalkan v. Chestnut, No. 1:26-cv-2028 DAD EFB, 2026 WL 788112 (E.D. Cal Mar. 20, 2026), Carrasquel v. Warden, No. 1:26-cv-06867 DAD JDP, 2026 WL 2621102 (E.D. Cal. Sept. 4, 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. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. 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"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/15/2026)
Sep 15, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Sep 15, 2026
Service by Mail
Sep 15, 2026
SERVICE BY MAIL: 5 Minute Order served on Jaime Atanacio-Perez. (Deputy Clerk JAA)
#6
Sep 22, 2026
ANSWER (Response) 1 Petition for Writ of Habeas Corpus by Warden, California City (ICE). Attorney Barton, Joseph added. (Barton, Joseph) Modified on 9/25/2026 (KS). (Entered: 09/22/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#7
Sep 23, 2026
CERTIFICATE / PROOF of SERVICE by Warden, California City (ICE) re 6 Answer to Petition for Writ of Habeas Corpus. (Barton, Joseph) (Entered: 09/23/2026)
Main Document:
Certificate / Proof of Service
Parties
(HC) Atanacio-Perez
Party
Warden, California City (ICE)
Party