Northern District of California • 3:26-cv-12523
Casado De Oliveira v. Albarran
Active
Case Information
Filed: October 26, 2026
Assigned to:
James Donato
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 30, 2026
Parties:
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Docket Entries
#1
Oct 26, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-22642133.). Filed by Gustavo Duarte Casado De Oliveira. (Czabaranek, Chloe Marie) (Filed on 10/26/2026) (Entered: 10/26/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 26, 2026
MOTION for Temporary Restraining Order filed by Gustavo Duarte Casado De Oliveira. (Attachments: # 1 Proposed Order, # 2 Declaration of Petitioner Plaintiff, # 3 Declaration of Chloe Czabaranek)(Czabaranek, Chloe Marie) (Filed on 10/26/2026) (Entered: 10/26/2026)
Main Document:
Temporary Restraining Order
#3
Oct 26, 2026
NOTICE of Appearance filed by William Skewes-Cox on behalf of Sergio Albarran, Todd W. Blanche, Markwayne Mullin, David Venturella (Skewes-Cox, William) (Filed on 10/26/2026) (Entered: 10/26/2026)
#4
Oct 26, 2026
ORDER TO RESPOND TO MOTION FOR A TEMPORARY RESTRAINING ORDER. Signed by Judge Rita F. Lin on 10/26/2026. (rfllc3, COURT STAFF) (Filed on 10/26/2026) (Entered: 10/26/2026)
Main Document:
Order
Oct 26, 2026
Notice of Appearance/Substitution/Change/Withdrawal of Attorney
#5
Oct 27, 2026
Case assigned to Judge James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (chh, COURT STAFF) (Filed on 10/27/2026) (Entered: 10/27/2026)
#6
Oct 27, 2026
CERTIFICATE OF SERVICE by Gustavo Duarte Casado De Oliveira (Czabaranek, Chloe Marie) (Filed on 10/27/2026) (Entered: 10/27/2026)
Main Document:
Certificate/Proof of Service
#7
Oct 27, 2026
Proposed Summons. (Czabaranek, Chloe Marie) (Filed on 10/27/2026) (Entered: 10/27/2026)
Main Document:
Proposed Summons
#8
Oct 27, 2026
Summons Issued as to Sergio Albarran, Todd W. Blanche, Markwayne Mullin, David Venturella, U.S. Attorney and U.S. Attorney General (amf, COURT STAFF) (Filed on 10/27/2026) (Entered: 10/27/2026)
Main Document:
Summons Issued as to USA
#9
Oct 27, 2026
OPPOSITION/RESPONSE (re 2 MOTION for Temporary Restraining Order ) filed bySergio Albarran, Todd W. Blanche, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Skewes-Cox, William) (Filed on 10/27/2026) (Entered: 10/27/2026)
Main Document:
Opposition/Response to Motion
Oct 27, 2026
~Util - Case Assigned by Intake
#10
Oct 28, 2026
ORDER. A hearing regarding petitioner Casado de Oliveira's motion for a TRO, Dkt. No. 2, is set for October 29, 2026, at 11:00 a.m. in Courtroom 11. The parties should be prepared to discuss the status of Casado de Oliveira's Form I-485 application and the timeline of his arrest. Signed by Judge James Donato on 10/28/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 10/28/2026) (Entered: 10/28/2026)
#11
Oct 28, 2026
REPLY (re 2 MOTION for Temporary Restraining Order ) filed byGustavo Duarte Casado De Oliveira. (Attachments: # 1 Declaration Czabaranek Decl ISO Reply with Exhibits)(Czabaranek, Chloe Marie) (Filed on 10/28/2026) (Entered: 10/28/2026)
Main Document:
Reply to Opposition/Response
Oct 28, 2026
Order AND ~Util - Set Hearings
#12
Oct 29, 2026
AFFIDAVIT in Opposition filed bySergio Albarran, Todd W. Blanche, Markwayne Mullin, David Venturella. (Skewes-Cox, William) (Filed on 10/29/2026) (Entered: 10/29/2026)
Main Document:
Affidavit in Opposition to Motion
#13
Oct 29, 2026
Brief Court Ordered Supplemental Brief filed byGustavo Duarte Casado De Oliveira. (Czabaranek, Chloe Marie) (Filed on 10/29/2026) (Entered: 10/29/2026)
Main Document:
Brief
#14
Oct 30, 2026
ORDER. Petitioner Casado de Oliveira's request for immediate release, Dkt. No. 2, is denied. Casado de Oliveira's TRO application questioned whether a warrant had been issued prior to his arrest by ICE. See id. at 2 ("Neither the arrest warrant, Notice to Appear, detention determination, nor any alleged removal order has been furnished in the materials reviewed for this motion. Petitioner does not claim that their absence from the submitted packet proves they do not exist."). The government's subsequent declaration indicates that a warrant of arrest was issued and signed prior to petitioner's arrest, see Dkt. No. 12 ¶¶ 3-5, and so petitioner's arguments about a warrantless arrest do not support the relief that he seeks.Nor has Casado de Oliveira otherwise demonstrated a likelihood of success on the merits. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner's application is equivocal on many issues. See, e.g., Dkt. No. 2 at 4 ("Petitioner does not contend that a pending I-485 itself guarantees freedom from detention"); id. at 5 ("Nor does arrest at an immigration interview alone invariably demand release"). Overall, Casado de Oliveira has failed to carry his burden of establishing that the extraordinary relief of an immediate release is warranted.For Casado de Oliveira's alternative request for a "lawful, individualized custody hearing under the correct detention statute," Dkt. No. 2 at 7, the government is directed to file a status report by November 6, 2026, indicating whether Casado de Oliveira has requested and received a post-detention bond hearing and the results of the bond hearing. If no bond hearing has been held, the government is directed to explain why not, and when it is expected to occur.For the habeas petition, Dkt. No. 1, the parties are directed to jointly propose a briefing schedule by November 13, 2026. Signed by Judge James Donato on 10/30/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 10/30/2026) (Entered: 10/30/2026)
Oct 30, 2026
1 - Terminate Hearings AND Order AND ~Util - Terminate Motions
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