Eastern District of California • 1:26-cv-05859
(HC) Da Silva v. Warden, Tonya Andrews
Completed
Case Information
Filed: July 27, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 03, 2026
Last Activity:
August 13, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Tonya Andrews by Aluizio Rodrigues Da Silva. (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Aluizio Rodrigues Da Silva. (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
Temporary Restraining Order
#3
Jul 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Aluizio Rodrigues Da Silva. (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
In Forma Pauperis
#4
Jul 27, 2026
MOTION to APPOINT COUNSEL by Aluizio Rodrigues Da Silva. (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
Appoint Counsel
#5
Jul 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/28/2026)
Main Document:
Immigration New Case Documents
#6
Jul 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/28/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the 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 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 MDK) (Entered: 07/28/2026)
#7
Jul 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, Tonya Andrews (Williams, Jonathan) (Entered: 07/28/2026)
Main Document:
DESIGNATION
Jul 28, 2026
Minute Order
Jul 28, 2026
SERVICE BY MAIL: 6 Minute Order served on Aluizio Rodrigues Da Silva. (Deputy Clerk MDK)
Jul 28, 2026
Service by Mail
Jul 28, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Aluizio Rodrigues Da Silva. (Deputy Clerk AKP)
#8
Jul 29, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus by Warden, Tonya Andrews. (Williams, Jonathan) Modified on 8/4/2026 (KS). (Entered: 07/29/2026)
Main Document:
ANSWER
#9
Aug 03, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 7/31/2026 GRANTING 1 Petition for Writ of Habeas Corpus and ORDERING Respondents to IMMEDIATELY RELEASE Petitioner Aluizio R.D.S. (A#213-566-817) from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents must file a notice certifying compliance with this provision of the Court's Order within 2 court days from the date of this Order. The Clerk of Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED. (cc Golden State Annex Detention Facility) (Deputy Clerk VLK) (Entered: 08/03/2026)
#10
Aug 03, 2026
JUDGMENT dated *8/3/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 7/31/2026. (Deputy Clerk VLK) (Entered: 08/03/2026)
Main Document:
Judgment
Aug 03, 2026
SERVICE BY MAIL: 9 Order, 10 Judgment served on Aluizio Rodrigues Da Silva. (Deputy Clerk VLK)
Aug 03, 2026
Service by Mail
#11
Aug 05, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Aug 13, 2026
MAIL RETURNED as Undeliverable, released 8/6/26: 9 Order and 10 Judgment sent to Aluizio Rodrigues Da Silva. (Deputy Clerk DAR)
Parties
(HC) Da Silva
Party
Warden, Tonya Andrews
Party