Eastern District of California • 1:26-cv-01915
(HC) Leyva-Gonzalez v. Becerra
Active
Case Information
Filed: March 10, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 10, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Wilder Leyva-Gonzales. (Attachments: # 1 Civil Cover Sheet)(Deputy Clerk OML) (Entered: 03/11/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 11, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 03/11/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Mar 11, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Wilder Leyva-Gonzales. (Deputy Clerk OML)
Mar 11, 2026
RECEIPT number 100007525 for $5.00 for Wilder Leyva-Gonzales from The Law Firm of Lorena Villalon, PLLC. (Deputy Clerk OML)
Mar 11, 2026
Service by Mail
#3
Mar 12, 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. (Anonymous) (Entered: 03/12/2026)
Main Document:
CONSENT/DECLINE
#4
Mar 12, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/12/2026. Petitioner, a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondents are directed to file an answer/return within 14 days from the date of this order. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of respondent's answer/return. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry). (Deputy Clerk JAA) (Entered: 03/12/2026)
Mar 12, 2026
SERVICE BY MAIL: 4 Minute Order served on Wilder Leyva-Gonzales. (Deputy Clerk JAA)
Mar 12, 2026
Minute Order
Mar 12, 2026
Service by Mail
#5
Mar 23, 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 AMW) (Entered: 03/24/2026)
Main Document:
CONSENT/DECLINE
#6
Mar 26, 2026
MOTION to DISMISS all Respondent's Other than Petitioner's Immediate Custodian by Moises Becerra, Pamela Bondi, Kristi Noem. (Black, Lauren) Modified on 4/2/2026 (HAH). (Entered: 03/26/2026)
Main Document:
Dismiss
#7
Mar 26, 2026
RETURN to PETITION FOR WRIT OF HABEAS CORPUS by Moises Becerra, Pamela Bondi, Kristi Noem, Warden. (Black, Lauren) Modified on 4/2/2026 (HAH). (Entered: 03/26/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#9
May 04, 2026
NOTICE of APPEARANCE by Alejandro Javier Monsalve on behalf of Wilder Leyva-Gonzalez. Attorney Monsalve, Alejandro Javier added. (Monsalve, Alejandro) (Entered: 05/04/2026)
Main Document:
Notice of Appearance
#10
May 04, 2026
REPLY by Wilder Leyva-Gonzalez re 6 Motion to Dismiss, 7 Answer to Petition for Writ of Habeas Corpus. (Monsalve, Alejandro) (Entered: 05/04/2026)
Main Document:
REPLY
#11
May 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 05/11/2026. Petitioner, now represented by counsel, has filed an opposition 10 to respondents' motion to dismiss that includes supplemental briefing in support of the petition that raises a claim based on revocation of petitioner's release. Respondents are therefore ordered to file a supplemental response no later than 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish this case from the court's prior orders in Rocha Chavarria v. Chestnut, No. 1:25-cv-1755 DAD AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), Ayala Cajina v. Wofford, No. 1:25-cv-1566 DAD AC, 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court. If respondents dispute any factual representations in the operative petition, they shall include with their supplemental brief any and all documents necessary to support their view of the facts. (Text Only Entry) (Deputy Clerk JAA) (Entered: 05/11/2026)
May 11, 2026
Minute Order
#14
May 26, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/26/2026 RECOMMENDING respondents' 6 motion to dismiss all respondents other than petitioner's immediate custodian be denied; Petitioner's 1 petition fo r writ of habeas corpus be granted, as follows: a. Respondents shall IMMEDIATELY RELEASE petitioner Wilder Leyva Gonzalez, A-240-626-545, with the same conditions he was subject to immediately prior to his detention on 1/9/2026, at the time of rele ase, respondents must return all of petitioner's documents and possessions; b. Respondents shall not impose any additional restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing; c. Respon dents are enjoined and restrained from re-detaining petitioner unless they provide at least 7 days' written notice to petitioner and hold a pre-deprivation bond hearing before a neutral decision maker, at which hearing respondents will bear the burden of demonstrating that petitioner is a flight risk or danger to the community and petitioner's eligibility for bond must be considered; d. The order does not address the circumstances in which respondents may detain petitioner in the even t petitioner becomes subject to an executable final order of removal and petitioner receives notice of that final order of removal; Within three days of an order adopting these findings and recommendations, respondents be required to file a notice o f compliance confirming petitioner's release and that the conditions of his supervision are the same as those to which he was subject prior to his January 9, 2026 detention; and the Clerk of the Court is directed to enter judgment for petitioner and close this case. Referred to District Judge Dale A. Drozd. Objections to F&R due within 7 days. (Deputy Clerk KLY)
#16
Jun 05, 2026
ORDER signed by District Judge Dale A. Drozd on 06/05/2026 ADOPTING the 14 Findings and Recommendations IN FULL and GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDATELY RELEASE Petitioner Wilder Levya Gonzalez, A# 240-626-545, from Respondents' custody on the same conditions, if any, he was subject to prior to his re-detention on 1/9/2026. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner, absent exigent circumstances , unless they provide Petitioner with notice and a pre-detention hearing before an immigration judge, at which hearing Respondents will bear the burden of demonstrating that petitioner is a danger to the community or a flight risk by clear and convincing evidence. Respondents are ORDERED to return all of Petitioner's documents and possessions. Respondents' 6 Motion to Dismiss is DENIED. CASE CLOSED. (cc: Mesa Verde) (Deputy Clerk KS)
Parties
Party
Party
Party
Party
Party
Attorney
Attorney
Attorney
Firm