Eastern District of California • 1:26-cv-07857
(HC) Gonzalez Silio v. Warden, Mesa Verde Detention Facility
Active
Case Information
Filed: September 24, 2026
Assigned to:
Troy Lynne Nunley
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:
October 08, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 24, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by Rudy Gonzalez Silio. (Deputy Clerk DAR) (Entered: 09/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/28/2026)
Main Document:
Immigration New Case Documents
#3
Sep 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/28/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the 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: 09/28/2026)
#4
Sep 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Mesa Verde Detention Facility (Andrews, Anthony) (Entered: 09/28/2026)
Main Document:
DESIGNATION
Sep 28, 2026
Minute Order
Sep 28, 2026
SERVICE BY MAIL: 3 Minute Order served on Rudy Gonzalez Silio. (Deputy Clerk MDK)
Sep 28, 2026
Service by Mail
Sep 28, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Rudy Gonzalez Silio. (Deputy Clerk DAR)
#5
Oct 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 10/01/2026. Petitioner, Rudy Gonzalez (A# 097-778-045), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Based on the length of time in which petitioner has been in immigration detention, the court hereby authorizes petitioner to proceed in forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914. The petition, liberally construed, challenges the basis for petitioner's detention and asserts that his prolonged detention without a bond hearing violates the Fifth Amendment Due Process Clause. Pursuant to 28 U.S.C. § 2243, respondent is directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Thierno K. v. Golden State Annex Detention Facility, No. 1:25-cv-01694 TLN DMC, 2026 WL 2070021 (E.D. Cal. July 17, 2026), Brayan C.C. v. Warden of California City Corr. Ctr., No. 2:26-cv-0641-TLN-JDP, 2026 WL 710358 (E.D. Cal. Mar. 13, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondent disputes any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondent's response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 10/01/2026)
Oct 01, 2026
Service by Mail
Oct 01, 2026
SERVICE BY MAIL: 5 Minute Order served on Rudy Gonzalez Silio. (Deputy Clerk JAA)
Oct 01, 2026
Minute Order
#6
Oct 07, 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 JAW) (Entered: 10/08/2026)
Main Document:
CONSENT/DECLINE
#7
Oct 08, 2026
MOTION to DISMISS; ANSWER to 1 Petition for Writ of Habeas Corpus by Warden, Mesa Verde Detention Facility. (Andrews, Anthony) Modified on 10/16/2026 (HAH). (Entered: 10/08/2026)
Main Document:
Dismiss
Parties
(HC) Gonzalez Silio
Party
Warden, Mesa Verde Detention Facility
Party