Eastern District of California • 1:26-cv-07405

(HC) Querino Dos Santos v. Warden, California City Detention Center

Active

Case Information

Filed: September 14, 2026
Assigned to: Dena M. Coggins
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 14, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Andre Luis Querino Dos Santos. (Deputy Clerk DAR) (Entered: 09/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 14, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Andre Luis Querino Dos Santos. (Deputy Clerk DAR) (Entered: 09/16/2026)
Main Document: Temporary Restraining Order
#3
Sep 14, 2026
MOTION to APPOINT COUNSEL by Andre Luis Querino Dos Santos. (Deputy Clerk DAR) (Entered: 09/16/2026)
Main Document: Appoint Counsel
#4
Sep 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/16/2026)
Main Document: Immigration New Case Documents
#5
Sep 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Detention Center (Rodriguez, Elisa) (Entered: 09/16/2026)
Main Document: DESIGNATION
Sep 16, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Andre Luis Querino Dos Santos. (Deputy Clerk DAR)
Sep 16, 2026
Service by Mail
#6
Sep 17, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/17/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court and others have previously held that noncitizens detained by immigration authorities under 8 U.S.C. §§ 1226(a), 1227(a) for remaining in the U.S. after the expiration of their previously-granted immigration status may be entitled to relief on constitutional grounds. See Kaur v. Chestnut, No. 1:26-cv-05349-DC-CSK, Doc. Nos. 8, 11 (E.D. Cal., Sept. 17, 2026); Kharitonova v. Albarran, No. 3:26-cv-01362-JSC, 2026 WL 531441, at *2 (N.D. Cal. Feb. 25, 2026); Kalkan v. Chestnut, No. 1:26-cv-02028-DAD-EFB, 2026 WL 788112, at *1 (E.D. Cal. Mar. 20, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 9/21/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the cases referenced. Petitioner may file a Reply by 10/5/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The 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 Entry) (Deputy Clerk CRS) (Entered: 09/17/2026)
Sep 17, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#7
Sep 21, 2026
NOTICE of RELATED CASE(S) 1:26-cv-02569-DC-JDP by Warden, California City Detention Center. (Rodriguez, Elisa) (Entered: 09/21/2026)
Main Document: Notice of Related Case
#8
Sep 21, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 2 Motion for Temporary Restraining Order by Respondent Warden, California City Detention Center. (Rodriguez, Elisa) Modified on 9/25/2026 (KS). (Entered: 09/21/2026)
Main Document: ANSWER
Sep 22, 2026
Service by Mail
Sep 22, 2026
SERVICE BY MAIL: 6 Minute Order served on Andre Luis Querino Dos Santos. (Deputy Clerk KS)
#10
Oct 06, 2026
ORDER signed by District Judge Dena M. Coggins on 10/5/2026 GRANTING 1 Petition for Writ of Habeas Corpus and GRANTING 2 Motion for TRO. Petitioner Andre Luis Querino Dos Santos 213-623-641 is ORDERED to be IMMEDIATELY RELEASED from respondent s custody with the same conditions prior to detention in March of 2026. Respondents are ORDERED to RETURN all of Petitioner's documents and possessions upon release from custody and DIRECTED to file a Notice of Compliance within 3 days of this o rder confirming Petitioner has been released. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. The 3 Motion to Appoint Counsel is DENIED as Moot and the court is DIRECTED to enter judgment for Petitioner and close this case. CASE CLOSED. (cc California City) (Deputy Clerk AMW)
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
#11
Oct 06, 2026
Judgment
Main Document: Judgment
Oct 06, 2026
Service by Mail
#12
Oct 09, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) Querino Dos Santos
Party
Warden, California City Detention Center
Party