Eastern District of California • 2:26-cv-01083

(HC) Garcia Silva v. Chestnut

Completed

Case Information

Filed: March 24, 2026
Assigned to: Jennifer L. Thurston
Referred to: Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: June 30, 2026
Last Activity: July 01, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 24, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Leodan Jesus Garcia Silva. (Deputy Clerk OFR) (Entered: 03/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 24, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due within thirty (30) days. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 03/24/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Mar 24, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Leodan Jesus Garcia Silva, signed by Magistrate Judge Frank J. Singer on 3/24/2026. (Deputy Clerk OFR) (Entered: 03/24/2026)
Main Document: 05 - HC/Order Authorizing IFP
#4
Mar 24, 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: 03/24/2026)
Main Document: CONSENT/DECLINE
Mar 24, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents, 3 Order Authorizing IFP Status served on Leodan Jesus Garcia Silva. (Deputy Clerk OFR)
Mar 24, 2026
Service by Mail
#5
Apr 03, 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 CRM) (Entered: 04/06/2026)
Main Document: CONSENT/DECLINE
#6
May 13, 2026
MINUTE ORDER (TEXT ONLY): The Court has reviewed petitioner's 1 petition for writ of habeas corpus. The Court has addressed the legal issues raised by the 1 petition on previous occasions. See e.g., J.S.H.M. v. Wofford, No. 1:25-CV-01309-JLT-SKO (HC) (E.D. Cal. Oct. 16, 2025); Ortiz Donis v. Chestnut, No. 1:25-CV-01228-JLT-SAB (HC), 2025 WL 32879514 (E.D. Cal. Oct. 9, 2025); M.R.R. v. Chestnut, No. 1:25-CV-01517-JLT (HC), 2025 WL 3265446 (E.D. Cal. Nov. 24, 2025). On or before May 17, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders in J.S.H.M. v. Wofford, Ortiz Donis v. Chestnut, and M.M.R. v. Chestnut and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, 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"). Minute order signed by Magistrate Judge Frank J. Singer on 5/13/2026. (Deputy Clerk EV) (Entered: 05/13/2026)
May 13, 2026
Service by Mail
May 13, 2026
SERVICE BY MAIL: 6 Minute Order, served on Leodan Jesus Garcia Silva. (Deputy Clerk EV)
May 13, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
May 16, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#8
Jun 05, 2026
REPLY to Respondents' Response to Order to Show Cause and 7 Answer to Petition for Writ of Habeas Corpus by Leodan Jesus Garcia Silva. (Deputy Clerk OFR) (Entered: 06/05/2026)
Main Document: REPLY
#9
Jun 12, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#10
Jun 12, 2026
SUPPLEMENT by Christopher Chestnut re 7 Answer to Petition for Writ of Habeas Corpus. (Weger, Shelley) (Entered: 06/12/2026)
Main Document: SUPPLEMENT
#11
Jun 15, 2026
MINUTE ORDER (Text Only Entry) A routine review of the EOIR public database indicates that petitioner (A No. 241-798-777) was ordered removed on June 9, 2026, and that any appeal is due by July 9, 2026. In their recent filing, Respondents attach a copy of the Immigration Judge's order of removal which indicates that Petitioner waived his right to an appeal. (Doc. [9-3] at 1-2.) Respondents argue that Petitioner's waiver of his right to appeal renders his order administratively final under 8 C.F.R. § 1241.1(b) and that as a result, Petitioner is subject to a 90-day mandatory detention period. (Doc. 10 at 1-2.) However, the BIA and the Ninth Circuit retain jurisdiction to review whether a waiver of the right to appeal was done knowingly and intelligently. See Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir. 2005); In re Rodriguez-Diaz, 22 I. & N. Dec. 1320, 1322-23 (BIA 2000). Accordingly, to allow the Court to properly evaluate the applicable detention authority in this matter, as soon as possible but no later than July 10, 2026, Petitioner SHALL file a notice indicating whether an appeal has been filed signed by District Judge Jennifer L. Thurston on June 15, 2026. (Deputy Clerk IM) (Entered: 06/15/2026)
Jun 15, 2026
Minute Order
Jun 15, 2026
SERVICE BY MAIL: 11 Minute Order served on Leodan Jesus Garcia Silva. (Deputy Clerk IM)
Jun 15, 2026
Service by Mail
#12
Jun 26, 2026
Request
Main Document: Request
#13
Jun 29, 2026
MINUTE ORDER (Text Only Entry) Petitioner has indicated his desire to withdraw his habeas petition. (Doc. 12 .) Therefore, pursuant to Fed. R. Civ. P. 41(a)(2), and good cause appearing, the Petition (Doc. 1 ) is DISMISSED without prejudice. The Court's prior order (Doc. 6 ) precluding transfer or removal is LIFTED, all pending motions (Doc. 9 ) are TERMINATED, and the Clerk of Court is directed to CLOSE THIS CASE signed by District Judge Jennifer L. Thurston on June 29, 2026. (Deputy Clerk IM) (Entered: 06/29/2026)
Jun 29, 2026
SERVICE BY MAIL: 13 Minute Order served on Leodan Jesus Garcia Silva. (Deputy Clerk IM)
Jun 29, 2026
Service by Mail
Jun 29, 2026
Minute Order
#14
Jul 01, 2026
Notice of Voluntary Dismissal
Main Document: Notice of Voluntary Dismissal

Parties

Chestnut
Party
(HC) Garcia Silva
Party