Eastern District of California • 1:26-cv-07017

(HC) Dos-Santos v. Warden, California City ICE Detention Facility

Active

Case Information

Filed: September 02, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 28, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 02, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City ICE Detention Facility by Junior Lourenco Dos-Santos. (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Junior Lourenco Dos-Santos. (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: In Forma Pauperis
#3
Sep 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Junior Lourenco Dos-Santos. (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: Temporary Restraining Order
#4
Sep 02, 2026
MOTION to APPOINT COUNSEL by Junior Lourenco Dos-Santos. (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: Appoint Counsel
#5
Sep 03, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/03/2026)
Main Document: Immigration New Case Documents
#6
Sep 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Warden, California City ICE Detention Facility (Harman, Joseph) (Entered: 09/03/2026)
Main Document: DESIGNATION
#7
Sep 03, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/3/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. From these filings, it is unclear whether Petitioner has previously been released from immigration custody, or whether the challenged detention is Petitioner's first contact with immigration authorities. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226(a), not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), and where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 9/8/2026. In their response, Respondents shall: (1) indicate whether Petitioner has previously been released from immigration custody, (2) substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's applicable orders cited above, and (3) attach (i) a transcript or audio recording of Petitioner's August 2026 bond hearing, (ii) a copy of the Immigration Judge's order, and (iii) evidence of the advance notice Petitioner was provided about the time and date of the hearing. Petitioner may file a Reply by 9/22/2026. Finally, the court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Both parties shall address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/03/2026)
Sep 03, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Junior Lourenco Dos-Santos. (Deputy Clerk DAR)
Sep 03, 2026
Service by Mail
Sep 03, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Sep 03, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Junior Lourenco Dos-Santos. (Text Only Entry) (Deputy Clerk CRS)
#8
Sep 06, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Warden, California City ICE Detention Facility. Date & Time 08/14/2026 10:08, Duration 00:22:24. File size [10.8 MB]. (Harman, Joseph) (Entered: 09/06/2026)
Main Document: DIGITAL
#9
Sep 06, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden, California City ICE Detention Facility. (Attachments: # 1 Exhibit I-213, # 2 Exhibit Rap Sheet, # 3 Exhibit I-200, # 4 Exhibit I-286, # 5 Exhibit IJ Order, # 6 Exhibit Notice of Hearing)(Harman, Joseph) (Entered: 09/06/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#10
Sep 22, 2026
RESPONSE by Junior Lourenco Dos-Santos to 9 Answer to Petition for Writ of Habeas Corpus. (Deputy Clerk OML) (Entered: 09/24/2026)
Main Document: RESPONSE
#12
Sep 22, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk OML) (Entered: 09/25/2026)
Main Document: CONSENT/DECLINE
#11
Sep 25, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/25/2026: In Respondents' 9 Opposition to Petitioner's 3 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's claim from those cited in the court's 7 Order by emphasizing that Petitioner has already received a bond hearing at which the Immigration Judge determined both that Petitioner was subject to mandatory detention under 8 U.S.C. § 1226(c)(1)(B) and (c)(1)(E) pursuant to his conviction for drug possession and larceny, and that Petitioner was otherwise a flight risk and danger to public safety such that his continued detention is warranted. In Petitioner's 10 Reply, Petitioner addresses the circumstances surrounding his conviction and argues that he did not maintain lawful immigration status due to the Government's clerical error, not his own conduct. To the extent Petitioner believes his conviction does not subject him to mandatory detention, he must raise that issue in a Joseph hearing before an Immigration Judge before seeking habeas relief. Ronil R.C. v. Warden, Golden State Annex Detention Center, No. 1:26-cv-03612-MWJS, 2026 WL 1505926, at *1 n.2 (citing Demore v. Kim, 538 U.S. 510, 514 (2003)). Further, this court does not have jurisdiction to reconsider the Immigration Judge's determination regarding Petitioner's removability. See 8 U.S.C. § 1252(g). Accordingly, the court finds that Petitioner has not demonstrated a likelihood of success on the merits of his claim that his current detention violates his constitutional or statutory rights. Accordingly, Petitioner's 3 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/25/2026)
Sep 25, 2026
Service by Mail
Sep 25, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 11, served on Junior Lourenco Dos-Santos. (Text Only Entry) (Deputy Clerk CRS)
Sep 25, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
#13
Sep 28, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 9/28/26 GRANTING 2 Motion to Proceed IFP. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. Any change of address must be reported promptly to the court in a separate document captioned for this case and entitled "Notice of Change of Address." A notice of change of address must be properly served on other parties. Service of documents at the address of record for a party is fully effective. (Deputy Clerk JAW) (Entered: 09/28/2026)
Main Document: Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Sep 28, 2026
Service by Mail
Sep 28, 2026
SERVICE BY MAIL: 13 Order served on Junior Lourenco Dos-Santos. (Deputy Clerk JAW)

Parties

(HC) Dos-Santos
Party
Warden, California City ICE Detention Facility
Party