Eastern District of California • 2:26-cv-00619

(HC) Weslei Isidro v. Warden

Active

Case Information

Filed: February 27, 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: March 02, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 27, 2026
PETITION for WRIT of HABEAS CORPUS by Alisson Weslei Isidro. (Deputy Clerk RRB) (Entered: 02/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Alisson Weslei Isidro. (Deputy Clerk RRB) (Entered: 02/27/2026)
Main Document: Temporary Restraining Order
#3
Feb 27, 2026
MOTION to APPOINT COUNSEL by Alisson Weslei Isidro. (Deputy Clerk RRB) (Entered: 02/27/2026)
Main Document: Appoint Counsel
#4
Feb 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 02/27/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Feb 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 27, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) 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 Immigration and Nationality Act and 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 March 6, 2026. The parties shall indicate whether they request a hearing. The Clerk of Clerk is directed to serve a copy of this order and Petitioner's Motion for a Temporary Restraining Order on Respondents 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: 02/27/2026)
Feb 27, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Alisson Weslei Isidro. (Deputy Clerk RRB)
Feb 27, 2026
Minute Order AND Order on Motion for TRO
Feb 27, 2026
Service by Mail
Feb 27, 2026
SERVICE BY MAIL: 2 Motion for Temporary Restraining Order served on Alisson Weslei Isidro. (Deputy Clerk MDK)
#6
Mar 02, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 02/27/26 PROVISIONALLY AUTHORIZING Petitioner to proceed in forma pauperis, subject to Petitioner filing a Motion to Proceed IFP within 30 days of this Order. Petitioner's 3 Motion to appoint counsel is GRANTED; within 7 court days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update the docket to reflect counsel's appointment. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk KML) (Entered: 03/02/2026)
Main Document: ORDER
Mar 02, 2026
Service by Mail

Parties

(HC) Weslei Isidro
Party
Warden
Party