Eastern District of California • 1:26-cv-04494

(HC) De Olivera Souza v. U.S General Attorney

Active

Case Information

Filed: June 11, 2026
Assigned to: Kirk E. Sherriff
Referred to: Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 11, 2026
2241 PETITION for WRIT of HABEAS CORPUS against California City Detention Center, Warden, ICE, U.S General Attorney by Kathury Kamylla De Olivera Souza. (Deputy Clerk LJB) (Entered: 06/11/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 11, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Kathury Kamylla De Olivera Souza. (Deputy Clerk LJB) (Entered: 06/11/2026)
Main Document: In Forma Pauperis
#3
Jun 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 06/11/2026)
Main Document: Immigration New Case Documents
#4
Jun 11, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Kathury Kamylla De Olivera Souza signed by Magistrate Judge Christopher D. Baker on 06/11/26. (Deputy Clerk LJB) (Entered: 06/11/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
Jun 11, 2026
SERVICE BY MAIL: 4 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 3 Immigration New Case Documents served on Kathury Kamylla De Olivera Souza. (Deputy Clerk LJB)
Jun 11, 2026
Service by Mail
#5
Jun 15, 2026
MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 06/15/2026: The Court has reviewed Petitioner's petition for writ of habeas corpus. (Doc. 1 ). The pleadings appear to raise factual and legal issues that this Court has resolved in other cases by finding that 8 U.S.C. § 1226(a) provides the proper framework for detention by immigration authorities of noncitizens previously encountered and released and already residing in the United States when re-detained. See, e.g., Hernandez v. Warden of the Mesa Verde Annex Det. Facility, No. 1:25-cv-01676-KES-CDB (HC), 2026 WL 472656 (E.D. Cal. Feb. 19, 2026), F&R adopted on (Feb. 21, 2026). Accordingly, pursuant to 28 U.S.C. § 2243, the Court directs Respondents to SHOW CAUSE in writing no later than 6/22/2026 as to whether there are any factual or legal issues in this case that render it distinct from the Court's prior order in the case listed above and would justify denial of the writ. Respondents' response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File and other supporting documents, including notices to appear, orders relating to Petitioner's release from custody, and documents related to any asserted violations of release conditions or any asserted change of circumstances warranting Petitioner's re-detention. Petitioner may file a reply no later than 7/2/2026. (Deputy Clerk CRB) (Entered: 06/15/2026)
Jun 15, 2026
SERVICE BY MAIL: 5 Minute Order served on Kathury Kamylla De Olivera Souza. (Deputy Clerk CRB)
Jun 15, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 15, 2026
Service by Mail
#6
Jun 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. (Davis, Sean) (Entered: 06/18/2026)
Main Document: DESIGNATION
#7
Jun 22, 2026
RESPONSE by California City Detention Center, Warden, ICE, U.S General Attorney to 1 Petition for Writ of Habeas Corpus, 5 Minute Order,,,,,, Set/Reset Deadlines and Hearings,,,,,. (Attachments: # 1 Exhibit 213, # 2 Exhibit NTA, # 3 Exhibit ECAS, # 4 Proof of Service)(Davis, Sean) (Entered: 06/22/2026)
Main Document: RESPONSE
#8
Jul 01, 2026
RESPONSE to Respondant's 7 RESPONSE to the Court's Order to Show Cause by Kathury Kamylla De Olivera Souza. (Deputy Clerk LJB) (Entered: 07/01/2026)
Main Document: RESPONSE
#9
Jul 16, 2026
MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 07/16/2026: On July 1, 2026, Petitioner filed a reply brief in which she represents that she signed a Notice of Custody Determination Form I-286 and selected the checkbox requesting an immigration judge review of her custody determination. (Doc. 8 at 2). Respondents' response to the petition (Doc. 7) does not include any such Form I-286 or other document regarding Petitioner's custody determination or request thereof. Accordingly, it is HEREBY ORDERED that Respondents shall file no later than 7/23/2026 either (1) a copy of any Form I-286 relating to Petitioner's detention or (2) a declaration of a knowledgeable witness attesting that no such form or document exists, in which case Respondents shall address the implications of Petitioner's detention absent a completed Form I-286. (Deputy Clerk CRB) (Entered: 07/16/2026)
Jul 16, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 16, 2026
SERVICE BY MAIL: 9 Minute Order served on Kathury Kamylla De Olivera Souza. (Deputy Clerk CRB)
Jul 16, 2026
Service by Mail
#10
Jul 23, 2026
EXHIBIT I-286 by California City Detention Center, Warden, ICE, U.S General Attorney re 9 Minute Order,,,, Set/Reset Deadlines and Hearings,,,. (Attachments: # 1 Proof of Service)(Davis, Sean) (Entered: 07/23/2026)
Main Document: EXHIBIT
#11
Aug 31, 2026
MOTION to EXPEDITE Consideration of 1 Petition for Writ of Habeas Corpus by Kathury Kamylla De Olivera Souza. (Deputy Clerk ED) (Entered: 09/01/2026)
Main Document: Miscellaneous Relief
#12
Sep 03, 2026
FINDINGS and RECOMMENDATIONS to Grant 1 Petition for Writ of Habeas Corpus, signed by Magistrate Judge Christopher D. Baker on 9/2/2026. Referred to Judge Sherriff; Objections to F&R due within seven (7) days. (Deputy Clerk OFR) (Entered: 09/03/2026)
Main Document: Findings and Recommendations AND ~Util - 1 Terminate Deadlines and Hearings
Sep 03, 2026
SERVICE BY MAIL: 12 Findings and Recommendations served on Kathury Kamylla De Olivera Souza. (Deputy Clerk OFR)
Sep 03, 2026
Service by Mail
#13
Sep 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER and REQUEST to PROCEED as Next Friend by Kathury Kamylla De Olivera Souza (through Proposed Next Friend Thiago Gomes Dutra) (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 TRO Checklist) (Deputy Clerk JJD) (Entered: 09/20/2026)
Main Document: Temporary Restraining Order
#14
Sep 20, 2026
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING PETITION FOR WRIT OF HABEAS CORPUS signed by District Judge Kirk E. Sherriff on 9/20/2026 (gm) (Entered: 09/20/2026)
Main Document: Findings and Recommendations AND Order
#15
Sep 20, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/20/2026: (Text Only Entry). On or before September 22, 2026, respondents are ordered to respond to the 13 motion for temporary restraining order. The response shall address the status of petitioner's appeal to the BIA and the status of petitioner's detention. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (gm) (Entered: 09/20/2026)
Sep 20, 2026
Minute Order
#16
Sep 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for ICE,Gabriel Andres Soto-Perez for U.S General Attorney,Gabriel Andres Soto-Perez for Warden, California City Detention Center, attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 09/21/2026)
Main Document: DESIGNATION
#17
Sep 21, 2026
OPPOSITION by ICE, U.S General Attorney, Warden, California City Detention Center to 13 Motion for Temporary Restraining Order,. (Soto-Perez, Gabriel) (Entered: 09/21/2026)
Main Document: Opposition to Motion
Sep 21, 2026
Service by Mail
Sep 21, 2026
SERVICE BY MAIL: 14 Findings and Recommendations (Order), 15 Minute Order, served on Kathury Kamylla De Olivera Souza. (Deputy Clerk SSA)
Sep 21, 2026
SERVICE BY MAIL: 15 Minute Order, served on Kathury Kamylla De Olivera Souza. (Deputy Clerk CLA)
#18
Sep 29, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief

Parties

(HC) De Olivera Souza
Party
U.S General Attorney
Party