Eastern District of California • 1:26-cv-08419

(HC) Perez v. Warden, Mesa Verde ICE Processing Facility

Active

Case Information

Filed: October 13, 2026
Assigned to: Jennifer L. Thurston
Referred to: Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 06, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 13, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde ICE Processing Facility by Javier Perez. (Deputy Clerk SZ) (Entered: 10/15/2026)
Main Document: Petition for Writ of Habeas Corpus
Oct 13, 2026
RECEIPT number 10009998 for $5.00 for Javier Perez from Javier Perez. (Deputy Clerk SZ)
#2
Oct 15, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/15/2026)
Main Document: Immigration New Case Documents
#3
Oct 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Mesa Verde ICE Processing Facility (Yu, Jonathan) (Entered: 10/15/2026)
Main Document: DESIGNATION
#4
Oct 15, 2026
ORDER to SHOW CAUSE Why 1 Petition Should Not Be Granted signed by Magistrate Judge Erin Guy Castillo on 10/15/2026 Show Cause Response due within 4-days. (Deputy Clerk LJB) (Entered: 10/15/2026)
Main Document: Order to Show Cause
Oct 15, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Javier Perez. (Deputy Clerk SZ)
Oct 15, 2026
Service by Mail
#5
Oct 18, 2026
RESPONSE to 4 ORDER to SHOW CAUSE by Warden, Mesa Verde ICE Processing Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Yu, Jonathan) (Entered: 10/18/2026)
Main Document: RESPONSE
#6
Oct 19, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 10/19/2026: (Text Only Entry). On October 15, 2026, this Court ordered Respondent to show cause why Petitioner's petition should not be granted. In that order, the Court ordered Respondent "to address if, and if so how, the issues presented in the present petition differ from those resolved in the Court's prior orders. (Doc. 4 a 12 (citing Obando Vargas v. Blanche, No. 1:26-cv-05343-DAD-AC (HC), 2026 WL 2056618 (E.D. Cal. July 16, 2026); Galvan Olamendi v. Chestnut, No. 1:26-CV-5946-TLN-JDP, 2026 WL 2529758, at *1 (E.D. Cal. Aug. 27, 2026), report and recommendation adopted sub nom. Galvan O. v. Chestnut, No. 1:26-CV-5946-TLN-JDP, 2026 WL 2588507 (E.D. Cal. Sept. 1, 2026); Felipe B.D. v. U.S. Att'y Gen., No. 1:26-CV-05510-KES-EGC (HC), 2026 WL 2334158 (E.D. Cal. Aug. 12, 2026), report and recommendation adopted sub nom. B.D. v. U.S. Att'y Gen., No. 1:26-CV-05510-KES-EGC (HC), 2026 WL 2546626 (E.D. Cal. Aug. 28, 2026))). Respondent's response, (Doc. 5 ), fails to comply with the Court's order. Therefore, Respondent is ordered to file a supplemental response to the order to show cause by no later than October 20, 2026, in which Respondent is required to comply with the Court's original order. (Deputy Clerk WAK) (Entered: 10/19/2026)
Oct 19, 2026
Minute Order
#7
Oct 20, 2026
RESPONSE by Warden, Mesa Verde ICE Processing Facility to 6 Minute Order,,,,,. (Yu, Jonathan) (Entered: 10/20/2026)
Main Document: RESPONSE
#8
Oct 23, 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 CM) (Entered: 10/23/2026)
Main Document: CONSENT/DECLINE
#9
Oct 26, 2026
FINDINGS and RECOMMENDATIONS That Petitioner's 1 Petition Be Granted And Petitioner Be Immediately Released, signed by Magistrate Judge Erin Guy Castillo on 10/26/2026. Objections to F&R due within 5 days. (Deputy Clerk CRM) (Entered: 10/26/2026)
Main Document: Findings and Recommendations
Oct 26, 2026
Service by Mail
Oct 26, 2026
SERVICE BY MAIL: 9 Findings and Recommendations (Motion) served on Javier Perez. (Deputy Clerk CRM)
#10
Oct 29, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 9 by Respondent Warden, Mesa Verde ICE Processing Facility. (Yu, Jonathan) (Entered: 10/29/2026)
Main Document: Objections to Findings and Recommendations
#11
Nov 03, 2026
MINUTE ORDER signed by District Judge Jennifer L. Thurston on 11/3/2026: The Court has reviewed the pending findings and recommendations (Doc. 9 ) in light of the entire record. Though the Petition is somewhat conclusory, construing it liberally in light of the extensive caselaw establishing that the Cuban government is unlikely to repatriate individuals with criminal records, see, e.g., Veiga v. Bondi, No. 2:25-CV-02168-TMC, 2025 WL 3526067, at *1 (W.D. Wash. Dec. 9, 2025); see also Cabrera v. Senior Warden, No. C26-3073, 2026 WL 2249486, at *3 (C.D. Cal. Aug. 3, 2026) (discussing "Cuba's unwillingness to repatriate U.S. deportees" and collecting cases), the Court concludes that it appears that Petitioner has met his initial burden under Zadvydas v. Davis, 533 U.S. 678, 687 (2001), to demonstrate there is "good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future." Thus, within five days, Respondents SHALL file a supplemental brief addressing the merits of the claim or a notice that they will stand on their current filing. (Text Only Entry) (Deputy Clerk YV) (Entered: 11/03/2026)
Nov 03, 2026
Minute Order
Nov 03, 2026
SERVICE BY MAIL: 11 Minute Order, served on Javier Perez. (Deputy Clerk YV)
Nov 03, 2026
Service by Mail
#12
Nov 06, 2026
SUPPLEMENTAL BRIEF RE: ECF No. 1 filed by Warden, Mesa Verde ICE Processing Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) (Entered: 11/06/2026)
Main Document: SUPPLEMENTAL

Parties

(HC) Perez
Party
Warden, Mesa Verde ICE Processing Facility
Party