Eastern District of California • 1:26-cv-00040
(HC) Vieira Pereira v. Warden of the Mesa Verde Detention Facility
Active
Case Information
Filed: January 05, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
June 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 05, 2026
PETITION for WRIT of HABEAS CORPUS against Current or Acting Secretary, United States Department of Homeland Security, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting United States Attorney General, Warden of the Mesa Verde Detention Facility by Pedro Henrique Vieira Pereira. (Deputy Clerk OFR) (Entered: 01/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 05, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Pedro Henrique Vieira Pereira. (Deputy Clerk OFR) (Entered: 01/06/2026)
Main Document:
In Forma Pauperis
#3
Jan 05, 2026
MOTION to APPOINT COUNSEL by Pedro Henrique Vieira Pereira. (Deputy Clerk OFR) (Entered: 01/06/2026)
Main Document:
Appoint Counsel
#4
Jan 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/9/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 01/06/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Jan 06, 2026
Service by Mail
Jan 06, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Pedro Henrique Vieira Pereira. (Deputy Clerk OFR)
#5
Jan 08, 2026
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Main Document:
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Jan 08, 2026
Service by Mail
#9
Jan 22, 2026
Dismiss
Main Document:
Dismiss
Feb 10, 2026
Service by Mail
Feb 10, 2026
Minute Order
#11
Feb 17, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#12
Feb 17, 2026
Amend the Complaint/Petition
Main Document:
Amend the Complaint/Petition
Feb 18, 2026
Minute Order
#15
Mar 26, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#16
Apr 07, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
Apr 15, 2026
Minute Order
#20
Jun 12, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/12/2026 RECOMMENDING that Petitioner's 16 second amended petition for writ of habeas corpus beGRANTED, as follows: Respondents shall IMMEDIATELY RELEASE petitioner P edro Henrique Vieira Pereira, A-245-765-884, with the same conditions he was subject to immediately prior to his detention on 8/20/2025. At the time of release, respondents must return all of petitioner's documents and possessions. Respondents s hall not impose any additional restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner unless they provide at least 7 days 9; written notice to petitioner and hold a pre-deprivation bond hearing before a neutral decision maker, at which hearing respondents will bear the burden of demonstrating that petitioner is a flight risk or danger to the community and petitioner 9;s eligibility for bond must be considered. The order does not address the circumstances in which respondents may detain petitioner in the event petitioner becomes subject to an executable final order of removal and petitioner receives notice of th at final order of removal. Within three days of an order adopting these findings and recommendations, respondents be required to file a notice of compliance confirming petitioner's release and that the conditions of his supervision are the same as those to which he was subject prior to his 3/31/2026 detention. Referred to Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk RRB)
#21
Jun 18, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#22
Jun 22, 2026
ORDER signed by District Judge Dale A. Drozd on 6/22/2026 ADOPTING 20 The Findings and Recommendations in full; Petitioner's second amended petition for writ of habeas corpus 16 is GRANTED as follows: Respondents are ORDERED to immediat ely release petitioner Pedro Henrique Vieira Pereira, A-File No. 245- 765-884, from respondents' custody under the same conditions he was subject to, if any, prior to his re-detention on or about 8/20/2025; Respondents are ENJOINED and RESTRA INED from re-detaining petitioner for any purpose, absent exigent circumstances, without written notice and a hearing before an immigration judge where respondents will have the burden of establishing that petitioner is either a danger or flight r isk by clear and convincing evidence; Respondents' motion to dismiss 9 is DENIED as having been rendered moot by the filing of petitioner's previously operative first amended complaint; The Clerk of Court is directed to serve the Mesa Verde Detention Facility with a copy of this order; and The Clerk of Court is also directed to enter judgment in favor of petitioner and close this case. CASE CLOSED. (cc: Mesa Verde Detention Facility) (Deputy Clerk LMS)
#23
Jun 22, 2026
Judgment
Main Document:
Judgment
Parties
(HC) Vieira Pereira
Party
Warden of the Mesa Verde Detention Facility
Party