Eastern District of California • 1:26-cv-07257

(HC) Perez Echeimberg v. U.S. Attorney General/ICE

Completed

Case Information

Filed: September 09, 2026
Assigned to: Dena M. Coggins
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 08, 2026
Last Activity: October 19, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 09, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Markus Perez Echeimberg. (Deputy Clerk OML) (Entered: 09/11/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 09/11/2026)
Main Document: Immigration New Case Documents
#3
Sep 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for U.S. Attorney General/ICE (Paniagua, Carmen) (Entered: 09/11/2026)
Main Document: DESIGNATION
#4
Sep 11, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/11/2026: Petitioner, an immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. Accordingly, it is hereby ORDERED that: 1. Within seven days of this order's service, respondent must file an answer to the petition. The answer must address the merits of the petition and set forth the "true cause of the detention." See 28 U.S.C. § 2243. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. Respondent shall attach any documents necessary for resolving the issues presented in the petition. Arguments that are not supported with relevant evidence will not be considered. 2. Petitioner may file a traverse to respondent's answer within seven days of the date of service of that answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 3. If respondent learns of petitioner's removal or any other change in petitioner's detention status, respondent shall submit a status report notifying the court as soon as practicably possible. 4. The Clerk of Court is directed to send petitioner a copy of the in forma pauperis form used by this district. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of a request to proceed in forma pauperis or the appropriate filing fee of $5.00. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/11/2026)
Sep 11, 2026
Service by Mail
Sep 11, 2026
Minute Order
Sep 11, 2026
SERVICE BY MAIL: 4 Minute Order served on Markus Perez Echeimberg. (Deputy Clerk NAC)
Sep 11, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Markus Perez Echeimberg. (Deputy Clerk OML)
#5
Sep 18, 2026
OPPOSITION to 1 Petition for Writ of Habeas Corpus by Respondent U.S. Attorney General/ICE. Attorney Hemesath, Audrey Benison added. (Attachments: # 1 I-213, # 2 Notice to Appear, # 3 Motion for Voluntary Departure, # 4 IJ Bond Order)(Hemesath, Audrey) Modified on 9/29/2026 (HAH). (Entered: 09/18/2026)
Main Document: OPPOSITION
#6
Oct 01, 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. (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document: CONSENT/DECLINE
#7
Oct 01, 2026
EMERGENCY MOTION for ORDER to SHOW CAUSE and for ORDER for IMMEDIATE RELEASE by Markus Perez Echeimberg. (Deputy Clerk KML) (Entered: 10/05/2026)
Main Document: Miscellaneous Relief
#8
Oct 05, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/5/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 7 Motion for Temporary Restraining Order. Noncitizens admitted to the United States pursuant to a visa are subject to discretionary detention under 8 U.S.C. § 1226(a) if they "overstay or violate the terms of their visa[]" or lawful nonimmigrant status. See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1167 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the Petition. See e.g., Oliveira Tinoco v. Albarran, No. 1:26-cv-05505-DC-CKD, 2026 WL 2942919 (E.D. Cal. Oct. 1, 2026); Kaur v. Chestnut, No. 1:26-cv-05349-DC-CSK, 2026 WL 2790742, at *1 (E.D. Cal. Sept. 17, 2026); Zhou v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-05774-DC-CSK, 2026 WL 2825584, at *1 (E.D. Cal. Sept. 21, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026). Respondents shall file an Opposition or Statement of Non-Opposition to the 7 Motion for Temporary Restraining Order by 12:00 PM on 10/7/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Oliveira Tinoco, Kaur, and Zhou. Petitioner may file a Reply by 10/21/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 10/05/2026)
#9
Oct 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Edward Oh, GOVT for U.S. Attorney General/ICE, attorney Audrey Benison Hemesath, GOVT and Carmen Idalia Paniagua terminated (Oh, Edward) (Entered: 10/05/2026)
Main Document: DESIGNATION
Oct 05, 2026
Service by Mail
Oct 05, 2026
SERVICE BY MAIL: 8 Minute Order, filed at Doc. No. 8, served on Markus Perez Echeimberg. (Text Only Entry) (Deputy Clerk CRS)
Oct 05, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#10
Oct 07, 2026
OPPOSITION to 7 Motion for TRO by U.S. Attorney General/ICE. (Attachments: # 1 Exhibit A)(Oh, Edward) Modified on 10/12/2026 (JJD). (Entered: 10/07/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#11
Oct 08, 2026
ORDER signed by District Judge Dena M. Coggins on 10/7/2026 GRANTING 1 Petition for Writ of Habeas Corpus and GRANTING 7 Motion for TRO. Petitioner Markus Perez Echeimberg 222-597-419 is ORDERED to be RELEASED IMMEDIATELY from Respondents' custody with the same conditions subject to immediately prior to detention in July 2026. Respondents shall not impose any additional restrictions, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing and RETURN all of Petitioner's documents and possessions upon his release from custody. Within 3 days of this order, respondents are DIRECTED to file a Notice of Compliance with the court confirming Petitioner has been released. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. The Clerks is DIRECTED to enter judgment for Petitioner and close this case. CASE CLOSED. (cc California City) (Deputy Clerk AMW) (Entered: 10/08/2026)
Main Document: Order AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Civil Case
#12
Oct 08, 2026
JUDGMENT dated *10/8/2026* pursuant to order signed by District Judge Dena M. Coggins on 10/7/2026 in favor of Petitioner. (Deputy Clerk AMW) (Entered: 10/08/2026)
Main Document: Judgment
Oct 08, 2026
Service by Mail
Oct 08, 2026
SERVICE BY MAIL: 11 Order and 12 Judgment served on Markus Perez Echeimberg. (Deputy Clerk AMW)
#13
Oct 09, 2026
NOTICE OF COMPLIANCE with 11 Order by U.S. Attorney General/ICE. (Attachments: # 1 Exhibit A)(Oh, Edward) Modified on 10/12/2026 (JJD). (Entered: 10/09/2026)
Main Document: Notice of Compliance
Oct 13, 2026
RECEIPT number 100009983 for $5.00 for Markus Perez Echeimberg from Jill Haas. (Deputy Clerk AML)
Oct 15, 2026
MAIL RETURNED as Undeliverable, Not Deliverable as Addressed-Unable to Forward: 8 Minute Order Set Motion and F&R Deadlines/Hearings sent to Markus Perez Echeimberg. Notice of Change of Address due by 11/23/2026. (Deputy Clerk RS)
Oct 19, 2026
MAIL RETURNED as Undeliverable, Not Deliverbable; Unable to Forward: 11 Order and 12 Judgment sent to Markus Perez Echeimberg. Notice of Change of Address due by 11/27/2026. (Deputy Clerk AMW)

Parties

(HC) Perez Echeimberg
Party
U.S. Attorney General/ICE
Party