Eastern District of California • 1:26-cv-08740

(HC) Lua de Oliveira Melo v. Warden of Golden State Annex

Active

Case Information

Filed: October 23, 2026
Assigned to: Jennifer L. Thurston
Referred to: Helena Barch-Kuchta
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 04, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 23, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of Golden State Annex by Deyvidy Lua de Oliveira Melo. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk SZ) (Entered: 10/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 23, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Deyvidy Lua de Oliveira Melo. (Deputy Clerk SZ) (Entered: 10/23/2026)
Main Document: In Forma Pauperis
#3
Oct 23, 2026
MOTION to APPOINT COUNSEL by Deyvidy Lua de Oliveira Melo. (Deputy Clerk SZ) (Entered: 10/23/2026)
Main Document: Appoint Counsel
#4
Oct 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Deyvidy Lua de Oliveira Melo. (Deputy Clerk SZ) (Entered: 10/23/2026)
Main Document: Temporary Restraining Order
#5
Oct 23, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Deyvidy Lua de Oliveira Melo signed by Magistrate Judge Helena M. Barch-Kuchta on 10/23/2026. (Deputy Clerk SZ) (Entered: 10/23/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Oct 23, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/23/2026)
Main Document: Immigration New Case Documents
#7
Oct 23, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 4). Petitioner (A File #: 236-204-205) asserts that he has been detained since April 29, 2026 (Doc. 4 at 3). Petitioner does not explain the delay in seeking this request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. The response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (including the I-213) and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a traverse no later than 7 days after the respondents file their brief. In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing, to preserve the Court's jurisdiction and to preserve Petitioner's access to the Court and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. This order does not prohibit the temporary transfer of petitioner outside of the District for urgent medical care, though petitioner shall be returned to the District upon the conclusion of such care. If this occurs, Respondents SHALL ensure that Petitioner receives communications from the Court without delay signed by District Judge Jennifer L. Thurston on October 23, 2026. (Deputy Clerk IM) (Entered: 10/23/2026)
Oct 23, 2026
Order on Motion for TRO
Oct 23, 2026
Service by Mail
Oct 23, 2026
SERVICE BY MAIL: 7 Minute Order on Motion for TRO served on Deyvidy Lua de Oliveira Melo. (Deputy Clerk IM)
Oct 23, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Deyvidy Lua de Oliveira Melo. (Deputy Clerk SZ)
#8
Oct 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of Golden State Annex (Yu, Jonathan) (Entered: 10/26/2026)
Main Document: DESIGNATION
#9
Oct 27, 2026
ORDER DENYING 3 Motion to Appoint Counsel signed by District Judge Jennifer L. Thurston on 10/27/2026. (Deputy Clerk EF)
Main Document: Order on Motion to Appoint Counsel
Oct 27, 2026
Service by Mail
#10
Nov 02, 2026
Notice of Related Case
Main Document: Notice of Related Case
Nov 03, 2026
Service by Mail
Nov 03, 2026
Minute Order
Nov 04, 2026
Service by Mail
Nov 04, 2026
Minute Order

Parties

(HC) Lua de Oliveira Melo
Party
Warden of Golden State Annex
Party