Eastern District of California • 1:26-cv-03762

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May 19, 2026

2241 PETITION for WRIT of HABEAS CORPUS against ICE, California City Detention Center, U.S General Attorney by Roberto Dasilva Santos. (Deputy Clerk LJB) (Entered: 05/19/2026)

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May 19, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 05/19/2026)

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May 19, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Roberto Dasilva Santos signed by Visiting Judge Micah WJ Smith on 05/19/26. (Deputy Clerk LJB) (Entered: 05/19/2026)

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May 19, 2026

EO: After reviewing the petition for a writ of habeas corpus, Dkt. No. 1, the court has concluded that this case would benefit from the appointment of counsel. Within seven 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 Smith_Orders@hid.uscourts.gov, and the Clerk's Office shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven days of this order, the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen days of appointment of counsel, Petitioner may either file an amended petition or supplement the original petition for writ of habeas corpus, Dkt. No. 1 . The Clerk's Office is directed to serve a copy of the original petition, Dkt. No. 1, on the Federal Defender. After counsel is appointed and any amended petition or supplement is filed, the court may set a briefing schedule. Given the court's ongoing consideration of the petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner out of the Eastern District of California. See California Energy Comm'n v. Johnson, 767 F.2d 631, 634 (9th Cir. 1985) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue writs of mandamus necessary to protect their prospective jurisdiction."). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/19/2026)

May 19, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

May 19, 2026

05 - HC/Order Authorizing IFP

May 19, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 4 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on May 19, 2026. (Deputy Clerk AB)

May 19, 2026

SERVICE BY MAIL: A copy of Dkt. No. 4 Entering Order, was served on Roberto Dasilva Santos at the address of record on May 19, 2026. (Deputy Clerk AB)

May 19, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents, 3 Order Authorizing IFP Status served on Roberto Dasilva Santos. (Deputy Clerk LJB)

May 19, 2026

Service by Mail

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May 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for California City Detention Center,Camilo Rodriguez, GOVT for ICE,Camilo Rodriguez, GOVT for U.S General Attorney (Rodriguez, Camilo) (Entered: 05/20/2026)

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May 21, 2026

05 - HC/Order Authorizing IFP

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May 21, 2026

CLERK'S NOTICE of DOCKET CORRECTION re 3 Order Authorizing IFP Status : Please disregard, issued incorrectly. See corrected entry at 6 . (Deputy Clerk LJB) (Entered: 05/21/2026)

May 21, 2026

Service by Mail

May 21, 2026

SERVICE BY MAIL: 6 Order Authorizing IFP Status, 7 Clerk's Notice served on Roberto Dasilva Santos. (Deputy Clerk LJB)

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May 26, 2026

EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 4 Entering Order. Attorney Carolyn Wiggin, Assistant Federal Defender is hereby APPOINTED as CJA counsel for Petitioner Roberto Dasilva Santos. The Clerk of Court shall update the docket to reflect said attorney at 801 I Street, 3rd Floor, Sacramento, California 95814, 916-498-5700, Carolyn_Wiggin@fd.org respectively, as counsel for Petitioner in this matter. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/26/2026)

May 26, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

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May 28, 2026

Notice of Related Case

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May 29, 2026

EO: The court received the petition in this case on May 19, 2026. Dkt. No. 1. Petitioner then filed a second petition on May 26, 2026. See Da Silva Santos v. U.S. General Attorney, No. 1:26-cv-04028-MWJS (E.D. Cal.). Given the similarity of the parties and claims in the two petitions, the more-recent case was reassigned to the undersigned. The court now DIRECTS the Clerk's Office to consolidate the two cases. See Fed. R. Civ. P. 42(a); Directv, LLC v. Nexstar Media Grp., Inc., No. 2:26-cv-00976-TLN-CKD, 2026 WL 882840 (E.D. Cal. Mar. 31, 2026) ("District courts have broad discretion to consolidate cases and may do so sua sponte."). The court has already appointed counsel for Petitioner in case No. 1:26-cv-03762-MWJS. Dkt. No. 8. The court also informed Petitioner that he could either file an amended petition or supplement his original petition on or before June 9, 2026. See Dkt. No. 4. In any amended petition or supplement that he files, Petitioner must present all his claims--that is, his claims from both case No. 1:26-cv-03762-MWJS and case No. 1:26-cv-04028-MWJS. The prior order referring case No. 1:26-cv-04028-MWJS to a magistrate judge is VACATED, as is the earlier briefing schedule issued in that case. The court will issue a new briefing schedule, if necessary. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/29/2026)

May 29, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

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Jun 09, 2026

Amended Petition for Writ of Habeas Corpus

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Jun 10, 2026

EO: The court has reviewed Petitioner's first amended petition for writ of habeas corpus filed pursuant 28 U.S.C. § 2241. Dkt. No. 11 . On or before June 12, 2026, Respondents are ORDERED to address in writing whether Petitioner has exhausted his administrative remedies-that is, whether Petitioner ever requested a bond hearing and how any such request was resolved. See Lara-Castro v. Lyons, No. 1:26-cv-01938 DAD SCR, 2026 WL 1078238, at *2-3 (E.D. Cal. Apr. 21, 2026); see also Martinez v. Knight, No. 1:26-cv-03719 DAD SCR, 2026 WL 1662714 (E.D. Cal. June 9, 2026). If Petitioner requested and was denied a bond hearing, Respondents must also address why the first amended petition should not be granted. See Jennings v. Rodriguez, 583 U.S. 281, 288 (2018) (stating that 8 U.S.C. § 1226 "generally governs the process of arresting and detaining [deportable aliens under 8 U.S.C. § 1227(a)] pending their removal); see also Martinez, 2026 WL 1662714, at *3 ("The parties agree that Petitioner, a visa overstay who is potentially deportable under 8 U.S.C. § 1227(a)(1)(C), is entitled to a bond hearing under 8 U.S.C. § 1226(a)."). Petitioner may file a reply on or before June 16, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/10/2026)

Jun 10, 2026

Minute Order

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Jun 12, 2026

Dismiss

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Jun 16, 2026

Statement of Non-Opposition

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Jun 16, 2026

EO: On June 12, 2026, Respondents moved to dismiss this action. Dkt. No. 13 . Given Respondents' acknowledgment that Petitioner is eligible for a bond hearing under 8 U.S.C. § 1226(a), Petitioner states that "there is not a ripe case or controversy at this time." Dkt. No. 14 . Thus, he "does not oppose dismissal of this case without prejudice." Id. Considering the foregoing, Respondents motion to dismiss, Dkt. No. 13, is GRANTED, and the petition and this action are DISMISSED without prejudice. The Clerk of Court is DIRECTED to close the case and enter judgment for Respondents. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/16/2026)

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Jun 16, 2026

Judgment

Jun 16, 2026

Minute Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case