Eastern District of California • 1:26-cv-05137

#1

Jul 06, 2026

2241 PETITION for WRIT of HABEAS CORPUS against ICE/ERO, Markwayne Mullin, Todd Blanche, Tonya Andrews, David Venturella by Kelve De Souza Aquino. (Deputy Clerk JPX) (Entered: 07/07/2026)

#2

Jul 06, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Kelve De Souza Aquino. (Deputy Clerk JPX) (Entered: 07/07/2026)

#3

Jul 06, 2026

MOTION to APPOINT COUNSEL by Kelve De Souza Aquino. (Deputy Clerk JPX) (Entered: 07/07/2026)

#4

Jul 07, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Kelve De Souza Aquino. (Deputy Clerk JPX) (Entered: 07/07/2026)

#5

Jul 07, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Kelve De Souza Aquino signed by Magistrate Judge Erin Guy Castillo on 7/7/2026. (Deputy Clerk JPX) (Entered: 07/07/2026)

#6

Jul 07, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 07/07/2026)

#7

Jul 07, 2026

MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 4). Petitioner (A File #: 213-219-483) asserts that he has been detained for more than three months (Doc. 1 at 2) He requests a temporary restraining order but fails to address any of the relevant factors. (Doc. 4) Even had he address the factors, he does not adequately explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on July 7, 2026. (Deputy Clerk IM) (Entered: 07/07/2026)

Jul 07, 2026

SERVICE BY MAIL: 7 Minute Order on Motion for TRO served on Kelve De Souza Aquino. (Deputy Clerk IM)

Jul 07, 2026

Service by Mail

Jul 07, 2026

Order on Motion for TRO

Jul 07, 2026

SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, served on Kelve De Souza Aquino. (Deputy Clerk JPX)