Central District of California • 5:26-cv-05314
Juan Nahum Perez Galan v. Markwayne Mullin
Completed
Case Information
Filed: September 13, 2026
Assigned to:
Michael B. Kaufman
Referred to:
Michael B. Kaufman
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
08:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 15, 2026
Last Activity:
October 16, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 10, 2026
PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin by Juan Nahum Perez Galan. (Deputy Clerk DAR) [Transferred from California Eastern on 9/14/2026.] (Entered: 09/11/2026)
Main Document:
PETITION
#2
Sep 10, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Juan Nahum Perez Galan. (Deputy Clerk DAR) [Transferred from California Eastern on 9/14/2026.] (Entered: 09/11/2026)
Main Document:
MOTION
#3
Sep 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Nahum Perez Galan. (Deputy Clerk DAR) [Transferred from California Eastern on 9/14/2026.] (Entered: 09/11/2026)
Main Document:
MOTION
#4
Sep 10, 2026
MOTION to APPOINT COUNSEL by Juan Nahum Perez Galan. (Deputy Clerk DAR) [Transferred from California Eastern on 9/14/2026.] (Entered: 09/11/2026)
Main Document:
MOTION
#5
Sep 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) [Transferred from California Eastern on 9/14/2026.] (Entered: 09/11/2026)
Main Document:
IMMIGRATION
#6
Sep 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Markwayne Mullin (Harman, Joseph) [Transferred from California Eastern on 9/14/2026.] (Entered: 09/11/2026)
Main Document:
DESIGNATION
#7
Sep 11, 2026
MOTION to DISMISS by Markwayne Mullin. (Harman, Joseph) [Transferred from California Eastern on 9/14/2026.] (Entered: 09/11/2026)
Main Document:
MOTION
Sep 11, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Juan Nahum Perez Galan. (Deputy Clerk DAR) [Transferred from California Eastern on 9/14/2026.]
#8
Sep 13, 2026
EO: Before the court is a petition for writ of habeas corpus under 28 U.S.C. § 2241 filed by pro se Petitioner Juan Perez Galan. Dkt. No. 1 . Petitioner states that he is currently in the custody of U.S. Immigration and Customs Enforcement at Desert View Facility in Adelanto, California. ICE's Online Detainee Locator System also reflects that Petitioner is detained at Desert View Facility. Because Desert View Facility is in the Central District of California, not the Eastern District, the court cannot consider the petition. See Doe v. Garland, 109 F.4th 1188, 1198 (9th Cir. 2024) ("[T]he plain language of the habeas statute thus confirms the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement." (cleaned up)). In the interest of justice, the Clerk is DIRECTED to transfer this case to the United States District Court for the Central District of California. See 28 U.S.C. § 1406(a); McBride v. Shinn, No. 1:18-cv-00979 JLT (HC), 2018 WL 3701968, at *1 (E.D. Cal. Aug. 2, 2018). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) [Transferred from California Eastern on 9/14/2026.] (Entered: 09/13/2026)
Sep 13, 2026
Transfer Case
Sep 13, 2026
CASE TRANSFERRED to District of Central District of California. CASE CLOSED. (Deputy Clerk JJD) [Transferred from California Eastern on 9/14/2026.]
Sep 13, 2026
Proof of Service (subsequent documents)
Sep 13, 2026
SERVICE BY MAIL: A copy of Dkt. No. 8 Entering Order, was served on Juan Nahum Perez Galan. (Deputy Clerk AB) [Transferred from California Eastern on 9/14/2026.]
#9
Sep 14, 2026
ORIGINAL file, certified copy of transfer order and docket sheet received from California Eastern (Entered: 09/14/2026)
Main Document:
Case Transferred In from other District (Electronic Transfer)
#10
Sep 14, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Fernando M. Olguin and referred to Magistrate Judge Michael B. Kaufman, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Additional attachment(s) added on 9/14/2026: # 1 Letter Re Habeas Corpus Transfer-In) (car). (Entered: 09/14/2026)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#11
Sep 14, 2026
Notice of General Order 26-05 and Briefing Schedule. (car) (Entered: 09/14/2026)
Main Document:
Notice (Scheduling Order 2241) - optional html form
#12
Sep 14, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (car) (Entered: 09/14/2026)
Main Document:
Notice of Resources for ProSe Litigants (CV-134) - optional html form
#13
Sep 15, 2026
ORDER by Judge Fernando M. Olguin. Petitioner's TRO Motion 3 is denied without prejudice. *See order for ruling and requirements.* (vdr) (Entered: 09/15/2026)
Main Document:
Temporary Restraining Order
#14
Sep 21, 2026
(Attorney Alfredo Jose Bonilla added to party Markwayne Mullin(pty:res))(Bonilla, Alfredo) (Entered: 09/21/2026)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#15
Sep 21, 2026
REPLY /ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS filed by Respondent Markwayne Mullin. (Attachments: # 1 Exhibit Immigration Court Automated Case Information)(Bonilla, Alfredo) (Entered: 09/21/2026)
Main Document:
Reply (Motion related)
#16
Sep 22, 2026
MINUTE ORDER REFERRING CASE TO FEDERAL PUBLIC DEFENDER by Magistrate Judge Michael B. Kaufman: re: MOTION to APPOINT COUNSEL 4 .The Court REFERS this case to the FPD for consideration of appointment of counsel for Petitioner. The FPD is ORDERED to file a response within seven days of this order, indicating whether the FPD will represent Petitioner in this matter, decline representation in this matter, or recommend appointment of CJA counsel. (SEE DOCUMENT FOR FURTHER DETAILS). (Attachments: # 1 Attachment) (mrv) (Entered: 09/22/2026)
Main Document:
Minutes of In Chambers Order/Directive - no proceeding held
#17
Sep 29, 2026
NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Michael T. Drake on behalf of Petitioner Juan Nahum Perez Galan. Filed by Petitioner Juan Nahum Perez Galan. (Attorney Michael T. Drake added to party Juan Nahum Perez Galan(pty:pet))(Drake, Michael) (Entered: 09/29/2026)
Main Document:
Attorney Appearance or Reassignment for the Federal Public Defenders Office
#18
Oct 01, 2026
Text Only Entry by Magistrate Judge Michael B. Kaufman: Deputy Public Defender Michael T. Drake has entered an appearance on behalf of Petitioner. In light of counsel's appearance, Petitioner may file a reply brief in support of the Petition or an amended petition on or before October 8, 2026. In the event that Petitioner files an amended petition, Respondents' answer shall be due within seven days of the filing of the petition, and Petitioner's optional reply will be due within three days of the answer, consistent with GO 26-05. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY (Entered: 10/01/2026)
Oct 01, 2026
Generic Text Only Entry
#19
Oct 07, 2026
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 United States Code Section 636(c) and F.R.CIV.P 73(b), filed by PETITIONER Juan Nahum Perez Galan. (Drake, Michael) (Entered: 10/07/2026)
Main Document:
Consent to Proceed before U S Magistrate Judge (non-AUSA)
#20
Oct 07, 2026
The assigned District Judge approves the parties' consent to a Magistrate Judge. Accordingly, the case will be reassigned. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 10/07/2026)
#21
Oct 07, 2026
REPLY filed by Petitioner Juan Nahum Perez Galan to 1 (Drake, Michael) (Entered: 10/07/2026)
Main Document:
Reply
#22
Oct 07, 2026
This action has been fully consented to according to General Order 26-05 and the District Judge has approved the parties' consent. This case is now reassigned to Magistrate Judge Michael B. Kaufman for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lh) TEXT ONLY ENTRY (Entered: 10/07/2026)
Oct 07, 2026
Immigration 2241 Full Consent
Oct 07, 2026
District Judge Response to Immigration 2241 Consent
#23
Oct 08, 2026
Text Only Entry by Magistrate Judge Michael B. Kaufman: In their Answer, Respondents observe that Petitioner has pending petition for review and that the Ninth Circuit has issued a temporary stay of removal in connection with that proceeding. Dkt. 15 at 2. Although neither party provides the case number or records from the proceeding, the Court reviewed the docket for what appears to be Petitioner's case (Case No. 26-5183). The docket reflects that that the Ninth Circuit issued an order on August 14, 2026, requiring Petitioner to pay the filing fee or seek in forma pauperis status within 28 days. After it did not receive a response by that deadline, on September 15, 2026, the Ninth Circuit issued an order stating that it would dismiss the appeal if Petitioner did not pay the fee or seek in forma pauperis status within 28 days. As of today's date, there is no record of Petitioner having paid the fee or sought in forma pauperis status. Petitioner is therefore ORDERED to file a status report on or before October 15, 2026, to advise whether he has filed a response to the Ninth Circuit's orders. The Court will not take any further action on this habeas proceeding until after Petitioner files his status report. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY (Entered: 10/08/2026)
Oct 08, 2026
Generic Text Only Entry
#24
Oct 13, 2026
STATUS REPORT filed by Petitioner Juan Nahum Perez Galan. (Attachments: # 1 Exhibit 1)(Drake, Michael) (Entered: 10/13/2026)
Main Document:
Status Report
#25
Oct 14, 2026
RELEASE ORDER by Magistrate Judge Michael B. Kaufman: For the foregoing reasons, the Court concludes that Petitioner is entitled to habeas relief. It is therefore ORDERED that: (1) Judgment be entered granting the Petition; (2) a writ of habeas corpus be issued requiring Petitioner Juan Perez Galans (A# 209-763-315) immediate release and prohibiting his re-detention absent a hearing before a neutral decisionmaker at which the Government must show material changed circumstances justifying his detention; and (3) Respondents file a status report within three (3) calendar days from the date of this order confirming Petitioners release and compliance with this order. (MBK) (Entered: 10/14/2026)
Main Document:
Release Order re Immigration 2241
#26
Oct 15, 2026
JUDGMENT by Magistrate Judge Michael B. Kaufman.IT IS ADJUDGED that the petition for writ of habeas corpus is GRANTED. Related to: Release Order re Immigration 2241,, 25 (MD JS-6, Case Terminated). (mrv) (Entered: 10/15/2026)
#27
Oct 16, 2026
STATUS REPORT filed by Respondent Markwayne Mullin. (Attachments: # 1 Exhibit Release Documents)(Bonilla, Alfredo) (Entered: 10/16/2026)
Main Document:
Status Report
Parties
Juan Nahum Perez Galan
Party
Markwayne Mullin
Party