Eastern District of California • 1:26-cv-07871
(HC) Marcos Perez v. Warden, California City Immigration Processing Center
Active
Case Information
Filed: September 25, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 27, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 25, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by next friend Antolina Marcos Perez on behalf of Angel Marcos Perez. (Deputy Clerk DAR) Modified on 10/6/2026 (HAH). (Entered: 09/29/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 25, 2026
CIVIL COVER SHEET filed by Angel Marcos Perez. (Deputy Clerk DAR) (Entered: 09/29/2026)
Main Document:
CIVIL
Sep 25, 2026
RECEIPT number 100009773 for $5.00 for Angel Marcos Perez from Antolina Marcos. (Deputy Clerk DAR)
#3
Sep 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/29/2026)
Main Document:
Immigration New Case Documents
#4
Sep 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/29/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/29/2026)
#5
Sep 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Immigration Processing Center (Rodriguez, Elisa) (Entered: 09/29/2026)
Main Document:
DESIGNATION
#6
Sep 29, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/29/2026: 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. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/29/2026)
Sep 29, 2026
SERVICE BY MAIL: 6 Minute Order served on Angel Marcos Perez. (Deputy Clerk NAC)
Sep 29, 2026
Service by Mail
Sep 29, 2026
Minute Order
Sep 29, 2026
Immigration New Case Documents
Sep 29, 2026
SERVICE BY MAIL: 4 Minute Order served on Angel Marcos Perez. (Deputy Clerk MDK)
Sep 29, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Angel Marcos Perez. (Deputy Clerk DAR)
#7
Oct 02, 2026
MOTION to APPOINT COUNSEL by Angel Marcos Perez. (Deputy Clerk DAR) (Entered: 10/05/2026)
Main Document:
Appoint Counsel
#8
Oct 06, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus by Warden, California City Immigration Processing Center. (Rodriguez, Elisa) Modified on 10/13/2026 (KS). (Entered: 10/06/2026)
Main Document:
ANSWER
#9
Oct 14, 2026
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/13/2026 DENYING petitioner's 7 motion to appoint counsel. IT IS RECOMMENDED the 1 petition for writ of habeas corpus be granted; Respondent be ordered to immediately release petitioner ANGEL MARCOS PEREZ (A-Number: 222-574-157) from its custody. 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 in accordance with 8 U.S.C. § 1226(a) and its implementing regulations, at which petitioner's eligibility for bond must be considered; This order does not address the circumstances in which respondent may detain petitioner in the event petitioner becomes subject to an executable final order of removal; The Clerk of Court be directed to serve California City Detention Facility with a copy of this order, to enter judgment accordingly, and close this case. Referred to Judge Troy L. Nunley. Objections to F&R due within 3 days. (Deputy Clerk KLY) (Entered: 10/14/2026)
Oct 14, 2026
SERVICE BY MAIL: 9 Order And Findings and Recommendations served on Angel Marcos Perez. (Deputy Clerk KLY)
Oct 14, 2026
Service by Mail
#10
Oct 16, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 9 by Respondent Warden, California City Immigration Processing Center. (Rodriguez, Elisa) (Entered: 10/16/2026)
Main Document:
Objections to Findings and Recommendations
#11
Oct 23, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 10/22/2026 ADOPTING 9 Findings and Recommendations in full and GRANTING 1 Petition for Writ of Habeas Corpus. Respondent is ORDERED to IMMEDIATELY RELEASE Petitioner Angel Marcos Perez (A N o 222-574-157) from custody. Respondents shall return all of Petitioner's documents and possessions at the time of release. Respondents shall file a notice certifying compliance with this provision within 2 court days of the date of this Order. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections. CASE CLOSED. (cc: ICE-California City) (Deputy Clerk HAH)
#12
Oct 23, 2026
Judgment
Main Document:
Judgment
Oct 23, 2026
Service by Mail
#13
Oct 27, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
(HC) Perez
Party
Warden, California City Immigration Processing Center
Party