Eastern District of California • 2:26-cv-00543

(HC) Silva Parra v. Warden, California City Correctional Center

Active

Case Information

Filed: February 23, 2026
Assigned to: Dena M. Coggins
Referred to: Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: May 07, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 23, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Rigo Hibhrahim Silva Parra. (Deputy Clerk AJB) (Entered: 02/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rigo Hibhrahim Silva Parra. (Deputy Clerk AJB) (Entered: 02/23/2026)
Main Document: Temporary Restraining Order
#3
Feb 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AJB) (Entered: 02/23/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Feb 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden, California City Correctional Center (Rodriguez, Camilo) (Entered: 02/23/2026)
Main Document: DESIGNATION
#5
Feb 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. (Anonymous) (Entered: 02/23/2026)
Main Document: CONSENT/DECLINE
Feb 23, 2026
RECEIPT number 200017218 for $5.00 for filing fee from Rigo Hibhrahim Silva Parra. (Deputy Clerk VLK)
Feb 23, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Rigo Hibhrahim Silva Parra. (Deputy Clerk AJB)
Feb 23, 2026
Service by Mail
Feb 24, 2026
RECEIPT number 200017218 for $5.00 for filing fee from Rigo Hibhrahim Silva Parra. (Deputy Clerk VLK)
#6
Feb 25, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 2/25/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, Doc. No. 11 (E.D. Cal. Feb. 24, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 2/26/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 3/9/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The 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 CRS) (Entered: 02/25/2026)
Feb 25, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Rigo Hibhrahim Silva Parra. (Text Only Entry) (Deputy Clerk CRS)
Feb 25, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Feb 25, 2026
Service by Mail
#7
Feb 26, 2026
OPPOSITION to 2 Motion for TRO by Respondents; RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit: Form I-213 12/9/2025, # 2 Exhibit: Form I-213 6/7/2023, # 3 Exhibit: RAP Sheet)(Rodriguez, Camilo) Modified on 2/27/2026 (KLY). (Entered: 02/26/2026)
Main Document: OPPOSITION
#8
Feb 26, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#9
Mar 12, 2026
SUPPLEMENTAL EVIDENCE in Support of 1 Petition and 2 Motion for Temporary Restraining Order by Rigo Hibhrahim Silva Parra. (Deputy Clerk RRB) (Entered: 03/13/2026)
Main Document: SUPPLEMENTAL
#10
Mar 24, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/24/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is subject to detention under 8 U.S.C. § 1225(b). Respondents differentiate this case from the recent decisions by this court in Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026), by arguing that Petitioner should remain in detention due to his criminal record. (Doc. No. 7 at 2.) Respondents do not contend that this criminal record renders him subject to mandatory detention under 8 U.S.C. § 1226(c). (Id.) As this court has previously held, where the Government argues that a noncitizen's continued detention pending removal proceedings is warranted due to a non-pretextual change in circumstance, such as a recent arrest, the proper remedy is a bond hearing where the parties may present their respective arguments before an immigration judge. See Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627, at *3. Thus, pursuant to the court's reasoning in Alvarez Maciel, Barajas Ortiz, and Calvillo, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to provide Petitioner a bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered, within fourteen (14) days of the date of this Order; and (2) if Petitioner is not provided a bond hearing within fourteen (14) days of the date of entry of this Order, he shall be released from Respondents' custody. This Order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/24/2026)
Mar 24, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 10, served on Rigo Hibhrahim Silva Parra. (Text Only Entry) (Deputy Clerk CRS)
Mar 24, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Mar 24, 2026
Service by Mail
#11
May 01, 2026
Notice of Voluntary Dismissal
Main Document: Notice of Voluntary Dismissal
#15
May 06, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#16
May 06, 2026
In Forma Pauperis
Main Document: In Forma Pauperis
#17
May 06, 2026
Appoint Counsel
Main Document: Appoint Counsel
May 06, 2026
Service by Mail
May 06, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#19
May 07, 2026
Dismiss
Main Document: Dismiss

Parties

(HC) Silva Parra
Party
Warden, California City Correctional Center
Party