Eastern District of California • 1:26-cv-08558

(HC) Silva Silva v. Warden

Active

Case Information

Filed: October 19, 2026
Assigned to: Daniel J. Calabretta
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: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 19, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Emilio Fermin Silva Silva. (Deputy Clerk VLC) (Entered: 10/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 19, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Emilio Fermin Silva Silva. (Attachments: # 1 Fee Waiver) (Deputy Clerk VLC) (Entered: 10/21/2026)
Main Document: In Forma Pauperis
#3
Oct 19, 2026
MOTION to APPOINT COUNSEL by Emilio Fermin Silva Silva. (Deputy Clerk VLC) (Entered: 10/21/2026)
Main Document: Appoint Counsel
#4
Oct 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 10/21/2026)
Main Document: Immigration New Case Documents
#5
Oct 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden (Yu, Jonathan) (Entered: 10/21/2026)
Main Document: DESIGNATION
#6
Oct 21, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 10/21/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner's prior release from custody created a liberty interest that entitles Petitioner to pre-deprivation notice and opportunity to be heard. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD; see also M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. Respondents are ORDERED TO SHOW CAUSE on or before October 26, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release based on the violation of Petitioner's due process rights by filing a return as provided in 28 U.S.C. § 2243. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 10/21/2026)
Oct 21, 2026
SERVICE BY MAIL: 6 Minute Order served on Emilio Fermin Silva Silva. (Deputy Clerk GJM)
Oct 21, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Emilio Fermin Silva Silva. (Deputy Clerk VLC)
Oct 21, 2026
Service by Mail
Oct 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Oct 26, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#8
Nov 02, 2026
Notice of Voluntary Dismissal
Main Document: Notice of Voluntary Dismissal
Nov 02, 2026
Service by Mail
Nov 02, 2026
Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case

Parties

(HC) Silva Silva
Party
Warden
Party