Eastern District of California • 1:26-cv-03550
(HC) Oliviera Xavier v. Albarran
Completed
Case Information
Filed: May 08, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 25, 2026
Last Activity:
October 07, 2026
Parties:
View All Parties →
Docket Entries
#1
May 08, 2026
2241 PETITION for WRIT of HABEAS CORPUS against All Respondents by Leandro Oliviera Xavier. (Deputy Clerk MR) Modified on 5/14/2026 (KS). (Entered: 05/08/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 08, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Leandro Oliviera Xavier. (Deputy Clerk MR) (Entered: 05/08/2026)
Main Document:
In Forma Pauperis
#3
May 08, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Leandro Oliviera Xavier. (Deputy Clerk MR) (Entered: 05/08/2026)
Main Document:
Temporary Restraining Order
#4
May 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/08/2026)
Main Document:
Immigration New Case Documents
#5
May 08, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/8/2026: Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging 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 present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 3 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM on Tuesday, 5/12/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025); Yang v. Warden, California City Correctional Center, et al., No. 2:26-cv-00832-DAD-DMC, 2026 WL 765027 (E.D. Cal. Mar. 18, 2026); Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 05/08/2026)
#6
May 08, 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. (Anonymous) (Entered: 05/08/2026)
Main Document:
CONSENT/DECLINE
May 08, 2026
Minute Order
May 08, 2026
Service by Mail
May 08, 2026
SERVICE BY MAIL: 5 Minute Order served on Leandro Oliviera Xavier. (Deputy Clerk PAB)
May 08, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Leandro Oliviera Xavier. (Deputy Clerk MR)
#7
May 12, 2026
NOTICE of RELATED CASE(S) 1:26-cv-03550-DAD-CKD, 1:25-cv-01760-WBS-AC by All Respondents. (Andrews, Anthony) Modified on 5/15/2026 (KS). (Entered: 05/12/2026)
Main Document:
Notice of Related Case
#8
May 12, 2026
MOTION to DISMISS 1 Petition for Writ of Habeas Corpus and MOTION to DISSOLVE No Transfer Order by All Respondents. (Andrews, Anthony) Modified on 5/15/2026 (KS). (Entered: 05/12/2026)
Main Document:
Dismiss
#9
May 15, 2026
ORDER signed by Senior Judge William B. Shubb on 5/15/2026 DEEMING cases 1:25-cv-1760 and 1:26-cv-3550 as UNRELATED. (Deputy Clerk OML) (Entered: 05/15/2026)
May 15, 2026
SERVICE BY MAIL: 9 Order served on Leandro Oliviera Xavier. (Deputy Clerk KS)
May 15, 2026
Service by Mail
#10
Jul 31, 2026
NOTICE of Supplemental Fact re Expiration of Statutory Removal Period by Leandro Oliviera Xavier. (Deputy Clerk JAW) Modified on 8/6/2026 (KS). (Entered: 08/03/2026)
Main Document:
NOTICE
#11
Aug 18, 2026
NOTICE of MATERIAL DEVELOPMENTS and SUPPLEMENTAL REQUEST for IMMEDIATE RELEASE by Leandro Oliviera Xavier. (Deputy Clerk JAW) (Entered: 08/19/2026)
Main Document:
Request
#12
Sep 08, 2026
MOTION for Ruling by Leandro Oliviera Xavier. (Deputy Clerk VLC) Modified on 9/11/2026 (KLY). (Entered: 09/10/2026)
Main Document:
Miscellaneous Relief
#13
Sep 22, 2026
MOTION for TEMPORARY RESTRAINING ORDER and REQUEST to Supplement Habeas Petition by Leandro Oliviera Xavier. (Deputy Clerk VLK) (Entered: 09/22/2026)
Main Document:
Temporary Restraining Order
#14
Sep 22, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 9/22/2026: On 9/22/2026, petitioner filed a second 13 motion for temporary restraining order. Respondents are DIRECTED to file an opposition to the pending motion for temporary restraining order no later than 9/23/2026 at 5:00 p.m. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Text Only Entry) (Deputy Clerk RAA) (Entered: 09/22/2026)
#16
Sep 22, 2026
RENEWED EMERGENCY MOTION for TEMPORARY RESTRAINING ORDER and REQUEST for leave to supplement habeas petition by Leandro Oliviera Xavier. (Deputy Clerk LMS) (Entered: 09/23/2026)
Main Document:
Temporary Restraining Order
Sep 22, 2026
Service by Mail
Sep 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 22, 2026
SERVICE BY MAIL: 14 Minute Order served on Leandro Oliviera Xavier. (Deputy Clerk RAA)
#15
Sep 23, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 3 Motion for Temporary Restraining Order by All Respondents. (Andrews, Anthony) Modified on 9/29/2026 (KS). (Entered: 09/23/2026)
Main Document:
ANSWER
#17
Sep 25, 2026
ORDER signed by District Judge Dale A. Drozd on 9/25/2026 GRANTING 2 Motion to Proceed IFP, DENYING 3, 13, & 16 Motion for TRO, DENYING 11 Motion for Immediate Release, DENYING 12 Motion for Ruling, DENYING 8 Motion to Dismiss all as moot, and GRANTING 1 Petition for Writ of Habeas Corpus as follows: Respondents are ORDERED to immediately release petitioner Leandro Oliviera Xavier 249-494-238, from respondent's custody on the same conditions he was subject to prior to his re-detention. Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-deprivation bond hearing before an immigration judge at which hearing the government shall bear the burden of justifying petitioner's detention by clear and convincing evidence. CASE CLOSED. (CC ICE Mesa Verde) (Deputy Clerk OML) (Entered: 09/25/2026)
Main Document:
Order AND Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND Order on Motion for TRO AND Order on Motion for TRO AND Order on Motion to Dismiss AND Order on Motion to Proceed In Forma Pauperis AND Order on Request AND ~Util - Terminate Civil Case
#18
Sep 25, 2026
JUDGMENT dated *9/25/2026* pursuant to order signed by District Judge Dale A. Drozd on 9/25/2026 in favor of Petitioner. (Deputy Clerk OML) (Entered: 09/25/2026)
Main Document:
Judgment
Sep 25, 2026
Service by Mail
Sep 25, 2026
SERVICE BY MAIL: 17 Order and 18 Judgment served on Leandro Oliviera Xavier. (Deputy Clerk OML)
Oct 05, 2026
MAIL RETURNED as Undeliverable, Unable to Forward, not in custody: 14 Minute Order sent to Leandro Oliviera Xavier. Notice of Change of Address due by 11/12/2026. (Deputy Clerk JRW)
Oct 07, 2026
MAIL RETURNED as NIC, 17 Order, 18 Judgment sent to Leandro Oliviera Xavier. (Deputy Clerk LMS)
Parties
Albarran
Party
(HC) Oliviera Xavier
Party