Eastern District of California • 1:26-cv-08283

(HC) Estaba Salaverria v. Warden

Active

Case Information

Filed: October 09, 2026
Assigned to: Dale Alan Drozd
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: November 04, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 09, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Jose Estaba Salaverria. (Deputy Clerk DAR) (Entered: 10/13/2026)
Main Document: Petition for Writ of Habeas Corpus
Oct 09, 2026
RECEIPT number 100009962 for $5.00 from Jose Estaba Salaverria. (Deputy Clerk DAR)
#2
Oct 13, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 10/13/2026)
Main Document: Immigration New Case Documents
#3
Oct 13, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden (Williams, Jonathan) (Entered: 10/13/2026)
Main Document: DESIGNATION
Oct 13, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Jose Estaba Salaverria. (Deputy Clerk DAR)
Oct 13, 2026
Service by Mail
#4
Oct 15, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 10/15/2026 DIRECTING Respondents to file an answer or motion to dismiss within 7 days from the date of this order. Respondents are warned that the failure to respond to the petition will be interpreted as non-opposition to granting the relief requested in the habeas petition. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondents' answer o r motion to dismiss. A reply by respondents to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. (Deputy Clerk KEZ)
Main Document: Order
Oct 15, 2026
Service by Mail
#7
Nov 04, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 11/4/2026 RECOMMENDING the 1 petition for writ of habeas corpus be granted; Respondent be ordered to immediately release petitioner Jose Estaba Salaverria (A-241-012-490) and be ordered to provide petitioner with a copy of these findings and recommendations and the release order at or near the time of release; If respondent has custody of petitioner's personal possessions and documents (e.g., identification, passport, work permit, Social Security card, etc.), respondent shall return those to petitioner at the time of release; Respondent be enjoined and restrained from re-detaining petitioner unless the government demonstrates, by clear and convincin g evidence at a pre-deprivation, constitutionally adequate bond hearing before a neutral decisionmaker, that petitioner s a flight risk or danger to the community such that his physical custody is legally justified; this injunction does not address other circumstances where detention authority is established under different authority than what is presented in this case (e.g., 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231); Given petitioner's pro se status, respondents be directed to file, within 7 days of the adoption of these findings and recommendations, a status report addressing petitioner's status; and the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Judge Dale A. Drozd. Objections to F&R due within 7 days. (Deputy Clerk KLY)
Main Document: Findings and Recommendations
Nov 04, 2026
Service by Mail

Parties

(HC) Estaba Salaverria
Party
Warden
Party