Eastern District of California • 1:26-cv-00488

(HC) De Souza v. Chestnut

Active

Case Information

Filed: January 21, 2026
Assigned to: Troy Lynne Nunley
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: February 19, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 21, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Guilherme Fontoura Desouza. (Filing fee $ 5, receipt number ACAEDC-12785885) (Attachments: # 1 Exhibit A - Approved I 130, # 2 Exhibit B - 2005 NTA, # 3 Exhibit C - Prior Custody Determination -, # 4 Exhibit D - Prior Dismissal)(Mc Clure, Stephanie) (Entered: 01/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 21, 2026
EXHIBIT E by Guilherme Fontoura Desouza re 1 Petition for Writ of Habeas Corpus,. (Mcclure, Stephanie) (Entered: 01/21/2026)
Main Document: EXHIBIT
#3
Jan 21, 2026
EXHIBIT F, G by Guilherme Fontoura Desouza re 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit G)(Mcclure, Stephanie) (Entered: 01/21/2026)
Main Document: EXHIBIT
#4
Jan 21, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/23/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 01/21/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Jan 22, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#6
Jan 22, 2026
Ex Parte Application
Main Document: Ex Parte Application
#7
Jan 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 22, 2026: The Court is in receipt of Petitioner's Motion for a Temporary Restraining Order. (ECF No. 5 .) The Motion hearing noticed for January 23, 2026 at 1:30 p.m. is VACATED, the Court will rule on the papers. Accordingly, Petitioner's request to appear by video (ECF No. 6 ) is MOOT. In the meantime, pending the Court's ruling on this matter, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). Petitioner shall immediately serve a copy of this Order on the U.S. Attorney's office, along with Petitioner's A# and all documents filed in this case, via email to usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/22/2026)
#8
Jan 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 22, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 5 .) 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 Respondents violated 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., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. 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 January 29, 2026. Petitioner may file a reply by February 3, 2026. The parties shall indicate whether they waive a hearing. 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 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: 01/22/2026)
Jan 22, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
Jan 22, 2026
Minute Order AND Order on Ex Parte Application AND Order on Motion for TRO
#9
Jan 23, 2026
Ex Parte Application
Main Document: Ex Parte Application
#10
Jan 23, 2026
Ex Parte Application
Main Document: Ex Parte Application
#11
Jan 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Respondents. (Rodriguez, Camilo) (Entered: 01/28/2026)
Main Document: DESIGNATION
#12
Jan 28, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Rodriguez, Camilo) (Entered: 01/28/2026)
Main Document: CONSENT/DECLINE
#13
Jan 29, 2026
MOTION TO DISMISS the 1 Petition for Writ of Habeas Corpus by Respondents. (Rodriguez, Camilo) Modified on 1/30/2026 (KLY). (Entered: 01/29/2026)
Main Document: MOTION
#14
Feb 02, 2026
Opposition to Motion
Main Document: Opposition to Motion
#15
Feb 19, 2026
Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#16
Feb 19, 2026
Judgment
Main Document: Judgment