Eastern District of California • 1:26-cv-06279

(HC) Nunez Da Costa v. ERO/Ice US General Attorney

Completed

Case Information

Filed: August 07, 2026
Assigned to: Micah Wj Smith
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 25, 2026
Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 07, 2026
PETITION for WRIT of HABEAS CORPUS against ERO/Ice US General Attorney by Voldemir Nunez Da Costa. (Deputy Clerk DAR) (Entered: 08/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 07, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 08/10/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#3
Aug 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for ERO/Ice US General Attorney (Disparte, Quinn) (Entered: 08/10/2026)
Main Document: DESIGNATION
#4
Aug 10, 2026
EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus. Pending the court'sdecision on the Petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). The issues raised in the Petition appear to mirror those previously addressed by other district judges in many prior cases. See Duque Jaramillo v. Mullin, No. 1:26-cv-04029-MWJS; Germinal v. Warden of the Mesa Verde Detention Facility, 1:26-cv-03776-MWJS; Fernandes Lima v. Warden, No. 1:26-cv-03651-MWJS; Talavera-Heredia v. Warden of the Cent. Valley Annex, No. 1:26-cv-03179; De Leon Sales v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS. Given the substantial percolation of these issues, the court intends to rule directly on the Petition. See 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."). On or before August 12, 2026, Respondents are ORDEREDTO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from prior orders such as the ones listed above and justify denying the Petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before August 14, 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: 08/10/2026)
Aug 10, 2026
SERVICE BY MAIL: A copy of Dkt. No. 4 Entering Order, was served on Voldemir Nunez Da Costa. (Deputy Clerk AB)
Aug 10, 2026
Minute Order
Aug 10, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Voldemir Nunez Da Costa. (Deputy Clerk DAR)
Aug 10, 2026
Service by Mail
#5
Aug 11, 2026
RESPONSE to 4 ORDER to SHOW CAUSE by ERO/Ice US General Attorney. (Attachments: # 1 I-213, # 2 NTA, # 3 RAP, # 4 Bond Hearing)(Disparte, Quinn) (Entered: 08/11/2026)
Main Document: RESPONSE
#6
Aug 19, 2026
EO: The court has reviewed Respondent's 5 Response to Order to Show Cause and the attached exhibits. The Response correctly identifies Petitioner as Voldemir Nunez Da Costa, A# 221-294-920. See Dkt. No. 5, at pg. 1. But the exhibits attached to the Response appear to concern a different individual--Jeronimo Amilcar Mantar, A# 235-321-164. See Dkt. Nos. 5-1-5-4. Accordingly, on or before August 20, 2026, Respondent may file corrected exhibits pertaining to Petitioner. If Respondent does not intend to file corrected exhibits, Respondent shall notify the court by that same date. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 08/19/2026)
Aug 19, 2026
SERVICE BY MAIL: A copy of Dkt. No. 6 Entering Order, was served on Voldemir Nunez Da Costa on 8/19/2026. (Deputy Clerk AB)
Aug 19, 2026
Service by Mail
Aug 19, 2026
Minute Order
#7
Aug 20, 2026
EXHIBIT (Corrected) by ERO/Ice US General Attorney re 5 Response to Order to Show Cause. (Disparte, Quinn) (Entered: 08/20/2026)
Main Document: EXHIBIT
#8
Aug 25, 2026
ORDER signed by District Judge Micah W.J. Smith on 8/25/2026 GRANTING 1 Petition for Writ of Habeas Corpus. Respondent must IMMEDIATELY RELEASE Voldemir Nunez Da Costa (A# 221-294-920) from custody under the same conditions he was released prior to his current detention. Respondent is ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. (cc: California City Immigration Processing Center) CASE CLOSED. (Deputy Clerk AB) (Entered: 08/25/2026)
Main Document: Order AND ~Util - Terminate Civil Case
#9
Aug 25, 2026
JUDGMENT dated *8/25/2026* pursuant to Dkt. No. 8 Order signed by District Judge Micah W. J. Smith on 8/25/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 08/25/2026)
Main Document: Judgment
Aug 25, 2026
SERVICE BY MAIL: A copy of Dkt. No. 8 Order, and Dkt. No. 9 Judgment, was served on Voldemir Nunez Da Costa. (Deputy Clerk AB)
Aug 25, 2026
Service by Mail

Parties

ERO/Ice US General Attorney
Party
(HC) Nunez Da Costa
Party