Eastern District of California • 1:26-cv-08064

(HC) Perez Baten v. Warden, California City Detention Center

Active

Case Information

Filed: October 01, 2026
Assigned to: Troy Lynne Nunley
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 05, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 01, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Moises Ambrocio Perez Baten. (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document: Petition for Writ of Habeas Corpus
Oct 01, 2026
RECEIPT number 100009845 for $5.00 for Moises Ambrocio Perez Baten from California City Immigration Processing. (Deputy Clerk DAR)
#2
Oct 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 10/02/2026)
Main Document: Immigration New Case Documents
#3
Oct 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Detention Center (Andrews, Anthony) (Entered: 10/02/2026)
Main Document: DESIGNATION
#4
Oct 02, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/2/2026: 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 RAA) (Entered: 10/02/2026)
Oct 02, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Moises Ambrocio Perez Baten. (Deputy Clerk DAR)
Oct 02, 2026
SERVICE BY MAIL: 4 Minute Order served on Moises Ambrocio Perez Baten. (Deputy Clerk RAA)
Oct 02, 2026
Minute Order
Oct 02, 2026
Service by Mail
#5
Oct 05, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 05, 2026
Service by Mail
#6
Oct 14, 2026
Extension of Time
Main Document: Extension of Time
Oct 15, 2026
Service by Mail
Oct 15, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#9
Oct 27, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 10/26/2026 RECOMMENDING that: Petitioner's 1 Petition for Writ of Habeas Corpus be granted on claim one; Respondent be ordered to immediately release Petitioner Moises Ambrocio Perez Baten (A# 208-054-308) from their custody; At the time of release, Respondent be required to return all of Petitioner's documents and possessions; The Clerk be directed to serve the California City Immigration Detention Center wi th any order for release; If the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove by clear and convincing evidence that petitioner is a flight risk or danger to the community such that his re-detention is warranted; Any final order entered in this case not address the circumstances in which Respondent may detain Petitioner in the event Pet itioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal; and that the Clerk be directed to enter judgment for Petitioner and to close this case. Referred to Judge Troy L. Nunley. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk KS)
Main Document: Findings and Recommendations
Oct 27, 2026
Service by Mail
#10
Oct 30, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#11
Nov 03, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 11/02/2026 ADOPTING the 9 Findings and Recommendations IN FULL. The 1 Petition for Writ of Habeas Corpus is GRANTED on claim one. Respondent is ORDERED to IMMEDIATELY RELEASE Petitio ner Moises Ambrocio P.B. (A#208-054-308) from custody. At the time of release, Respondent is required to return all of Petitioner's documents and possessions. Respondent must file a notice of compliance with this order within 2 court days of the date of this order. Respondent is ENJOINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of 7 day's notice and a pre- deprivation hearing before a neutral factfinder where the government demonstrates by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Should Petitioner become subject to a final and executable order of removal, the government shall provide Petitioner a minimum of 7 days' notice (counting from the date the removal order becomes final and executable) of any intent to execute the order and detain Petitioner. CASE CLOSED. (cc: California City) (Deputy Clerk KS)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#12
Nov 03, 2026
Judgment
Main Document: Judgment
Nov 03, 2026
Service by Mail
#13
Nov 05, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) Perez Baten
Party
Warden, California City Detention Center
Party