Eastern District of California • 1:26-cv-06750

(HC) Patriciano De Moura v. Warden, Central Valley Annex Detention Facility

Completed

Case Information

Filed: August 24, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 21, 2026
Last Activity: September 24, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 24, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Patricinio De Moura Valney. (Deputy Clerk KML) (Entered: 08/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Patricinio De Moura Valney. (Deputy Clerk KML) (Entered: 08/26/2026)
Main Document: Temporary Restraining Order
Aug 24, 2026
RECEIPT number 100009352 for $5.00 filing fee for Patricinio De Moura Valney. (Deputy Clerk KML)
#3
Aug 26, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk KML) (Entered: 08/26/2026)
Main Document: Immigration New Case Documents
#4
Aug 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/26/2026: 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: 08/26/2026)
#5
Aug 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Central Valley Annex Detention Facility (Andrews, Anthony) (Entered: 08/26/2026)
Main Document: DESIGNATION
Aug 26, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Patricinio De Moura Valney. (Deputy Clerk KML)
Aug 26, 2026
SERVICE BY MAIL: 4 Minute Order served on Patricinio De Moura Valney. (Deputy Clerk MDK)
Aug 26, 2026
Minute Order
Aug 26, 2026
Service by Mail
#6
Aug 28, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and RESPONSE to 2 Motion for Temporary Restraining Order by Warden, Central Valley Annex Detention Facility. (Andrews, Anthony) Modified on 9/2/2026 (KS). (Entered: 08/28/2026)
Main Document: ANSWER
#7
Aug 31, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 31, 2026: On August 26, 2026, the Court ordered Respondents to provide, inter alia, any custody determinations and warrants. (ECF No. 4 .) No such documents were filed with Respondents' response to the habeas petition. (ECF No. 6 .) As soon as possible and no later than September 1, 2026, Respondents shall file any warrants and custody determinations (including any Forms I-286 and I-200) relating to Petitioner's current detention. If no documents are timely filed, the Court will infer the government detained Petitioner without a warrant or an initial custody determination. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/31/2026)
Aug 31, 2026
SERVICE BY MAIL: 7 Minute Order served on Patricinio De Moura Valney. (Deputy Clerk MDK)
Aug 31, 2026
Minute Order
Aug 31, 2026
Service by Mail
#8
Sep 01, 2026
CLERK'S NOTICE of DOCKET CORRECTION: Petitioner's name corrected from "Patricinio De Moura Valney" to "Valney Patriciano De Moura". (Confirmed with locator) (Deputy Clerk KS) (Entered: 09/01/2026)
#9
Sep 01, 2026
MOTION for 1-DAY EXTENSION OF TIME to File I-286 and I-200 by Warden, Central Valley Annex Detention Facility. (Andrews, Anthony) Modified on 9/3/2026 (KS). (Entered: 09/01/2026)
Main Document: Extension of Time
Sep 01, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents, 4 Minute Order, 7 Minute Order, and 8 Clerk's Notice of Docket Correction served on Valney Patriciano De Moura with corrected name. (Deputy Clerk KS)
Sep 01, 2026
Service by Mail
#10
Sep 02, 2026
STATUS REPORT by Warden, Central Valley Annex Detention Facility. (Andrews, Anthony) (Entered: 09/02/2026)
Main Document: STATUS
#11
Sep 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/3/2026: Respondents' Motion for Extension of Time to File (ECF No. 9 ) is GRANTED. The Court is in receipt of Respondents' Status Report. (ECF No. 10 .) (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/03/2026)
Sep 03, 2026
Service by Mail
Sep 03, 2026
Minute Order AND Order on Motion for Extension of Time
Sep 03, 2026
SERVICE BY MAIL: 11 Minute Order served on Valney Patriciano De Moura. (Deputy Clerk MDK)
#12
Sep 21, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 9/21/2026 GRANTING the 1 Petition for Writ of Habeas Corpus and DENYING Petitioner's 2 Motion for Temporary Restraining Order as moot. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Valney Patriciano De Moura aka Patricinio D.M.V. (A# 201-581-729) from custody under the same terms as his 2020 release. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall file a notice of compliance with this provision no later than 9/24/2026. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. See Zadvydas v. Davis, 533 U.S. 678, 690 (2001); Hernandez v. Sessions, 872 F.3d 976, 990 (9th Cir. 2017). At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court shall serve this Order on Central Valley Annex Detention Facility, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc: Central Valley Annex) (Deputy Clerk KLY) (Entered: 09/21/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#13
Sep 21, 2026
JUDGMENT dated *9/21/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 9/21/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 09/21/2026)
Main Document: Judgment
Sep 21, 2026
SERVICE BY MAIL: 12 Order and 13 Judgment served on Valney Patriciano De Moura. (Deputy Clerk HAH)
Sep 21, 2026
Service by Mail
#14
Sep 24, 2026
NOTICE OF COMPLIANCE by Warden, Central Valley Annex Detention Facility. (Andrews, Anthony) (Entered: 09/24/2026)
Main Document: Notice of Compliance

Parties

(HC) De Moura Valney
Party
Warden, Central Valley Annex Detention Facility
Party