Eastern District of California • 1:26-cv-05923

(HC) Pereira de Souza v. Albarran

Active

Case Information

Filed: July 28, 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: July 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ronaldo Pereira De Souza, Jr. Attorney Shamieh, Ghassan J. added. (Attachments: # 1 Points and Authorities, # 2 Proposed Order, # 3 Checklist, # 4 Affidavit)(Shamieh, Ghassan) (Entered: 07/28/2026)
Main Document: Temporary Restraining Order
#2
Jul 28, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Ronaldo Pereira De Souza, Jr. (Attachments: # 1 Civil Cover Sheet)(Shamieh, Ghassan) (Entered: 07/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#3
Jul 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AJB) (Entered: 07/28/2026)
Main Document: Immigration New Case Documents
Jul 28, 2026
Payment for Habeas Petition
Jul 28, 2026
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-13650646. (Shamieh, Ghassan)
#4
Jul 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 29, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 1 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., C.P. v. Warden, California City Immigr. Processing Ctr., No. 1:26-CV-03183-TLN-AC, 2026 WL 1786392, at *2-4 (E.D. Cal. June 22, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 1 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Ronaldo Pereira De Souza. At the time of release, Respondents must return all of Petitioner's documents and possessions. Because the Court does not have Petitioner's A# to effect release, Petitioner shall immediately serve this Order, along with Petitioner's A# and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. Respondents shall then immediately serve a copy of this Order with Petitioner's A# on Golden State Annex Detention Facility. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by August 4, 2026. Petitioner may file a reply by August 11, 2026. The parties shall indicate whether they request a hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/29/2026)
#5
Jul 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Sergio Albarran,Jonathan Williams, GOVT for Todd W. Blanche,Jonathan Williams, GOVT for Todd M. Lyons,Jonathan Williams, GOVT for Markwayne Mullin (Williams, Jonathan) (Entered: 07/29/2026)
Main Document: DESIGNATION
Jul 29, 2026
Minute Order AND Order on Motion for TRO

Parties

Albarran
Party
(HC) Pereira de Souza
Party