Eastern District of California • 1:26-cv-04876

(HC) Dutra De Oliveira v. ICE

Completed

Case Information

Filed: June 25, 2026
Assigned to: Daniel J. Calabretta
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: July 15, 2026
Last Activity: September 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 15, 2026
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Dale S. Fischer and referred to Magistrate Judge Karen E. Scott.(Filing fee $ 5 FEE PAID), filed by Petitioner Franklin Dutra De Oliveira. (car) [Transferred from cacd on 6/25/2026.] (Entered: 06/23/2026)
Main Document: PETITION
#2
Jun 23, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dale S. Fischer and referred to Magistrate Judge Karen E. Scott, 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) [Transferred from cacd on 6/25/2026.] (Entered: 06/23/2026)
Main Document: NOTICE
#3
Jun 23, 2026
Notice of General Order 26-05 and Briefing Schedule. (car) [Transferred from cacd on 6/25/2026.] (Entered: 06/23/2026)
Main Document: Notice
#4
Jun 23, 2026
NOTICE OF RESOURCES FOR PRO SE LITIGANTS. (car) [Transferred from cacd on 6/25/2026.] (Entered: 06/23/2026)
Main Document: NOTICE
#5
Jun 23, 2026
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dale S. Fischer. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge Dale S. Fischer to Judge Michelle Williams Court for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:26-cv-06663-MWC-KES. (lh) [Transferred from cacd on 6/25/2026.] (Entered: 06/23/2026)
Main Document: ORDER
#6
Jun 23, 2026
STANDING ORDER FOR 2241 IMMIGRATION PETITIONS by Magistrate Judge Karen E. Scott. (jdo) [Transferred from cacd on 6/25/2026.] (Entered: 06/23/2026)
Main Document: STANDING
#7
Jun 24, 2026
ORDER TRANSFERRING CASE TO EASTERN DISTRICT OF CALIFORNIA by Magistrate Judge Karen E. Scott. The Court finds that transferring this action to the Eastern District of California is in the interests of justice. IT IS THEREFORE ORDERED that the Clerk of the Court transfer this case to the United States District Court for the Eastern District of California. (SEE DOCUMENT FOR FURTHER DETAILS). Original file, certified copy of the transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (hr) [Transferred from cacd on 6/25/2026.] (Entered: 06/24/2026)
Main Document: Order
#8
Jun 25, 2026
CASE TRANSFERRED IN from District of California Central; Case Number 2:26-cv-06663. (Entered: 06/25/2026)
Main Document: Case Transferred In - District Transfer
#9
Jun 25, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AML) (Entered: 06/25/2026)
Main Document: Immigration New Case Documents
#10
Jun 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for ICE (Assaf, Nisreen) (Entered: 06/25/2026)
Main Document: DESIGNATION
#11
Jun 25, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/25/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in Count 3 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. Respondents are ordered to show cause on or before July 1, 2026 as to why the Court should not grant a writ of habeas corpus as to Count 3 by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents should identify any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk JRW) (Entered: 06/25/2026)
Jun 25, 2026
Service by Mail
Jun 25, 2026
Minute Order
Jun 25, 2026
SERVICE BY MAIL: 9 Immigration New Case Documents served on Franklin Dutra De Oliveira. (Deputy Clerk AML)
Jun 25, 2026
SERVICE BY MAIL: 11 Minute Order served on Franklin Dutra De Oliveira. (Deputy Clerk JRW)
#12
Jul 01, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by ICE. (Attachments: # 1 Exhibit I-213, # 2 Exhibit RAP)(Assaf, Nisreen) Modified on 7/10/2026 (HAH). (Entered: 07/01/2026)
Main Document: RESPONSE
#13
Jul 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Franklin Dutra De Oliveira. (Deputy Clerk AKP) (Entered: 07/14/2026)
Main Document: Temporary Restraining Order
#14
Jul 13, 2026
TRAVERSE by Franklin Dutra De Oliveira. (Deputy Clerk VLK) (Entered: 07/15/2026)
Main Document: Traverse
#15
Jul 13, 2026
MOTION to APPOINT COUNSEL by Franklin Dutra De Oliveira. (Deputy Clerk AKP) (Entered: 07/15/2026)
Main Document: Appoint Counsel
#16
Jul 15, 2026
ORDER signed by District Judge Daniel J. Calabretta on 7/14/2026 GRANTING 1 Petition for Writ of Habeas Corpus as to Count 3. Within 14 days of this Order, Respondents shall afford Petitioner Franklin Dutra De Oliveira a bond hearing before a neutral arbiter pursuant to section 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond must be considered. If Petitioner is not provided a bond hearing in this time, Respondents are ordered to immediately release Petitioner from their custody. Respondents shall file a status report within 5 days of Petitioner's bond hearing, confirming a bond hearing was conducted. The Clerk to enter judgment for Petitioner. This Order resolves all pending motions. CASE CLOSED. (Deputy Clerk KEZ) (Entered: 07/15/2026)
Main Document: Order AND ~Util - Terminate Civil Case
#17
Jul 15, 2026
JUDGMENT dated *7/15/2026* pursuant to order signed by District Judge Daniel J. Calabretta on 7/14/2026 in favor of Petitioner. (Deputy Clerk KEZ) (Entered: 07/15/2026)
Main Document: Judgment
Jul 15, 2026
SERVICE BY MAIL: 17 Judgment, 16 Order served on Franklin Dutra De Oliveira. (Deputy Clerk KEZ)
Jul 15, 2026
Service by Mail
#18
Jul 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Franklin Dutra De Oliveira. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Temporary Restraining Order
#19
Jul 20, 2026
TRAVERSE by Franklin Dutra De Oliveira. (Deputy Clerk VLK) (Entered: 07/22/2026)
Main Document: Traverse
#21
Jul 20, 2026
MOTION to APPOINT COUNSEL by Franklin Dutra De Oliveira. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Appoint Counsel
#20
Jul 22, 2026
NOTICE of STATUS and MOTION to DISMISS by ICE. (Attachments: # 1 Exhibit 1 EOIR Bond Notice)(Assaf, Nisreen) Modified on 7/31/2026 (HAH). (Entered: 07/22/2026)
Main Document: NOTICE
#22
Jul 28, 2026
SUPPLEMENT by ICE re 20 Response. (Assaf, Nisreen) (Entered: 07/28/2026)
Main Document: SUPPLEMENT
#23
Aug 11, 2026
MOTION to ENFORCE JUDGMENT by Franklin Dutra De Oliveira. (Deputy Clerk OML) (Entered: 08/12/2026)
Main Document: Enforce Judgment
#24
Aug 12, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/12/2026: Petitioner's 23 Motion to Enforce Judgment is REFERRED to the assigned Magistrate Judge. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/12/2026)
Aug 12, 2026
Minute Order
Aug 12, 2026
SERVICE BY MAIL: 24 Minute Order served on Franklin Dutra De Oliveira. (Deputy Clerk GJM)
Aug 12, 2026
Service by Mail
#25
Aug 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/13/2026: The Court has reviewed Petitioner's 23 Motion to Enforce Judgment. Respondent shall file any opposition to the Motion to Enforce Judgment within 14 (fourteen) days. Petitioner may optionally file a reply within 14 (fourteen) days after service with Respondent's opposition. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/13/2026)
Aug 13, 2026
SERVICE BY MAIL: 25 Minute Order served on Franklin Dutra De Oliveira. (Deputy Clerk LMK)
Aug 13, 2026
Service by Mail
Aug 13, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#26
Aug 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for ICE, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/18/2026)
Main Document: DESIGNATION
#27
Aug 24, 2026
MOTION to ENFORCE JUDGMENT by Franklin Dutra De Oliveira. (Deputy Clerk VLK) (Entered: 08/26/2026)
Main Document: Enforce Judgment
#28
Aug 26, 2026
DIGITAL AUDIO RECORDING of 1226a Bond Hearing filed by ICE re 27 . Date & Time 07/28/2026, Duration 20:43:00. File size [6.4 MB]. (Soto-Perez, Gabriel) (Entered: 08/26/2026)
Main Document: DIGITAL
#29
Aug 26, 2026
RESPONSE 27 Motion to Enforce Judgment by ICE. (Attachments: # 1 Exhibit, # 2 Exhibit)(Soto-Perez, Gabriel) Modified on 8/31/2026 (HAH). (Entered: 08/26/2026)
Main Document: RESPONSE
#30
Aug 31, 2026
MOTION to ENFORCE JUDGMENT by Franklin Dutra De Oliveira. (Deputy Clerk RRB) (Entered: 09/01/2026)
Main Document: Enforce Judgment
#31
Sep 03, 2026
NOTICE of RELATED CASE(S) 1:26-CV-06144-DJC-CKD, 1:26-CV-05470-KES-EPG by ICE. (Rodriguez, Elisa) (Entered: 09/03/2026)
Main Document: Notice of Related Case

Parties

(HC) Dutra De Oliveira
Party
ICE
Party