Eastern District of California • 1:26-cv-02509
(HC) Silva Villicana v. Warden
Active
Case Information
Filed: April 02, 2026
Assigned to:
Dena M. Coggins
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Diego Armando Silva Villicana. (Deputy Clerk RRB) (Entered: 04/03/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Diego Armando Silva Villicana. (Deputy Clerk RRB) (Entered: 04/03/2026)
Main Document:
In Forma Pauperis
#7
Apr 02, 2026
MOTION to APPOINT COUNSEL by Diego Armando Silva Villicana. (Deputy Clerk HAH) (Entered: 04/15/2026)
Main Document:
Appoint Counsel
#3
Apr 03, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/7/2026. (Attachments: # 1 HC - Litigant Letter) (Deputy Clerk RRB) (Entered: 04/03/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
Apr 03, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Diego Armando Silva Villicana. (Deputy Clerk RRB)
Apr 03, 2026
Service by Mail
#4
Apr 06, 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: 04/06/2026)
Main Document:
CONSENT/DECLINE
#5
Apr 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/6/2026 GRANTING 2 Motion for IFP and DIRECTING Respondent to SHOW CAUSE within 7 days why the Writ should not be granted. Parties must review this MINUTE ORDER Document, which is a scheduling order. [See attached for details.] The Court has served the 2241 petition on respondents via email at usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk SH) (Entered: 04/06/2026)
Main Document:
Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 06, 2026
Service by Mail
Apr 06, 2026
SERVICE BY MAIL: 5 Minute Order served on Diego Armando Silva Villicana. (Deputy Clerk SH)
#6
Apr 13, 2026
ANSWER (Return) to 1 Petition for Writ of Habeas Corpus by Warden. (Black, Lauren) Modified on 4/17/2026 (KS). (Entered: 04/13/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#8
Apr 21, 2026
ORDER signed by Magistrate Judge Sean C. Riordan on 04/20/2026 GRANTING Petitioner's 7 Motion to Appoint Counsel. Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counse l and send counsel's contact information to Judge Sean Riordan's courtroom deputy who shall update the docket to reflect counsel's appointment. Based on the appointment of counsel, the court SUA SPONTE GRANTS Petitioner leave to file a n amended § 2241 petition within 21 days from the date of this order. Within 7 days from Petitioner's filing, Respondents shall file either an amended answer/return or a notice indicating that they will stand on the previously filed motion to dismiss. Petitioner shall have 3 days from the date of Respondent's answer/return or notice to file a reply. If the parties agree on a different briefing schedule, they may submit a joint proposed order to the court based on their stipulation . Having reviewed the records attached to Respondent's answer/return, the undersigned FURTHER DIRECTS the parties to brief whether Petitioner's detention violates his substantive due process rights using the five-factor test described in Doe v. Chestnut, 810 F.Supp.3d 1169 (E.D. Cal. 2025), in addition to fully briefing all other claims and issues that the parties wish to present. (Deputy Clerk KS)
Apr 21, 2026
Service by Mail
Apr 29, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#11
May 12, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
May 26, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#18
Jun 24, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 6/23/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted as to Count 1 as follows: 11 Request for Declaratory Relief be granted and a declaratory jud gment issue that petitioner is subject to the discretionary detention scheme in 8 U.S.C. § 1226(a) and eligible to invoke the procedural protections in that statute and its implementing regulations, including the right to request a subsequent bo nd redetermination upon a showing of changed circumstances pursuant to 8 C.F.R. § 1003.19(e). Referred to District Judge Dena M. Coggins. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk HAH)
Parties
(HC) Silva Villicana
Party
Warden
Party