Eastern District of California • 1:26-cv-04028
(HC) Da Silva Santos v. U.S. General Attorney
Active
Case Information
Filed: May 26, 2026
Assigned to:
Micah Wj Smith
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 17, 2026
Parties:
View All Parties →
Docket Entries
#1
May 26, 2026
PETITION for WRIT of HABEAS CORPUS against U.S. General Attorney by Roberto Da Silva Santos. (Deputy Clerk AKP) (Entered: 05/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 27, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 05/27/2026)
Main Document:
Immigration New Case Documents
#3
May 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for U.S. General Attorney (Davis, Sean) (Entered: 05/27/2026)
Main Document:
DESIGNATION
#4
May 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 5/27/2026: The matter is referred to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on this Petition, 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.").(Text Only Entry) (Deputy Clerk JRW) (Entered: 05/27/2026)
May 27, 2026
Service by Mail
May 27, 2026
Minute Order
May 27, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Roberto Da Silva Santos. (Deputy Clerk AKP)
#5
May 28, 2026
MEMORANDUM by U.S. General Attorney. (Davis, Sean) (Entered: 05/28/2026)
Main Document:
MEMORANDUM
#6
May 28, 2026
06 - HC/Order Requiring Respondent to File a Response AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
06 - HC/Order Requiring Respondent to File a Response AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
May 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for U.S. General Attorney, attorney Sean Davis, GOVT terminated (Rodriguez, Camilo) (Entered: 05/28/2026)
Main Document:
DESIGNATION
#8
May 28, 2026
EO: This case, filed May 26, 2026, has been initiated by the same Petitioner who initiated a prior action, No. 1:26-cv-03762-MWJS, on May 19, 2026. In both cases, Petitioner challenges his ongoing immigration detention. In the prior action, the court has already appointed counsel for Petitioner. Petitioner may either file an amended petition or supplement the original petition by June 9, 2026. Pursuant to Local Rule 123, the court finds that this action (No. 1:26-cv-04028-TLN-JDP) is related to case No. 1:26-cv-03762-MWJS because both cases involve the same parties or are based on the same or similar claims. Accordingly, assignment of the actions to the same district judge promotes judicial economy. The court therefore ORDERS reassignment of case No. 1:26-cv-04028-TLN-JDP to U.S District Judge Micah W. J. Smith. All future filings shall reflect the judge reassignments. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/28/2026)
#9
May 28, 2026
CLERK'S NOTICE REASSIGNING CASE. This case has been assigned to District Judge Micah W. J. Smith. The new case number is: 1:26-cv-04028-MWJS. (Deputy Clerk AB) (Entered: 05/28/2026)
#10
May 28, 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: 05/28/2026)
May 28, 2026
SERVICE BY MAIL: Dkt. No. 10 Entering Order, served on Roberto Da Silva Santos at the address of record on May 28, 2026. (Deputy Clerk AB)
May 28, 2026
Service by Mail
May 28, 2026
Minute Order
May 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
May 28, 2026
SERVICE BY MAIL: Dkt. No. 8 Entering Order, and Dkt. No. 9 Clerk's Notice Reassigning Case, was served on Roberto Da Silva Santos at the address of record on May 28, 2026. (Deputy Clerk AB)
May 28, 2026
SERVICE BY MAIL: ECF No. 4, Minute Order served on Roberto Da Silva Santos. (Deputy Clerk KLY)
May 28, 2026
SERVICE BY MAIL: 6 Order Directing Respondent to File a Response to the Petition and ifp form served on Roberto Da Silva Santos. (Deputy Clerk KLY)
#12
Jun 17, 2026
Judgment
Main Document:
Judgment
Jun 17, 2026
Minute Order AND ~Util - Terminate Civil Case
Jun 17, 2026
Service by Mail
Parties
(HC) Da Silva Santos
Party
U.S. General Attorney
Party