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

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

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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
Active
Last Activity: August 19, 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
SERVICE BY MAIL: 2 Immigration New Case Documents served on Voldemir Nunez Da Costa. (Deputy Clerk DAR)
Aug 10, 2026
Minute Order
Aug 10, 2026
Service by Mail
Aug 19, 2026
Minute Order
Aug 19, 2026
Service by Mail

Parties

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