Southern District of California • 3:26-cv-02411

Rodriguez-Silva v. Divver

Completed

Case Information

Filed: April 15, 2026
Assigned to: Todd Wallace Robinson
Referred to: Valerie E. Torres
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: June 11, 2026
Last Activity: June 11, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 15, 2026
Petition for Writ of Habeas Corpus against Pamela Bondi, Patrick Divver, Executive Office for Immigration Review, Christopher J. Larose, Kristi Noem, U.S. Department of Homeland Security ( Filing fee $ 5 receipt number ACASDC-21037309.), filed by Kenny Moises Rodriguez-Silva. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement)The new case number is 3:26-cv-2411-TWR-VET. Judge Todd W. Robinson and Magistrate Judge Valerie E. Torres are assigned to the case. (Torres, Jose)(gsw) (anh). (Entered: 04/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 15, 2026
MINUTE ORDER. In his Petition 1 for Writ of Habeas Corpus, Petitioner alleges, among other things, that his re-detention violated 8 C.F.R. § 1236.1(c)(9). The Court ORDERS Respondents TO SHOW CAUSE on or before April 20, 2026, why Petitioner should not be released from custody on that basis. (no document attached) (mxc) (Entered: 04/15/2026)
Apr 15, 2026
Order
#3
Apr 16, 2026
Response to Petition
Main Document: Response to Petition
#4
Apr 17, 2026
MINUTE ORDER: Upon review of the Petition 1 and the Return 3, Petitioner is currently detained pursuant to 8 U.S.C. § 1231(a) and is within the 90-day statutory removal period. Further, because Petitioner was re-detained pursuant to an immigration detainer, 8 C.F.R. § 1236.1(c)(9) does not apply. The Court ORDERS Respondents to provide a status update if Petitioner is removed or not removed during the 90-day statutory period. (no document attached) (mxc) (Entered: 04/17/2026)
Apr 17, 2026
Order
#5
Jun 11, 2026
Supplemental Briefing
Main Document: Supplemental Briefing
#6
Jun 11, 2026
MINUTE ORDER Granting in Part Petition. Respondents "do not oppose an order from this Court directing a bond hearing be held pursuant to 8 U.S.C. § 1226(a)." (See ECF No. 5 at 3.) Accordingly, consistent with this Court's prior Orders, see, e.g., Minute Entry, Vasquez-Diaz v. LaRose, No. 25-cv-3038 TWR (JLB) (S.D. Cal. filed Nov. 13, 2025), ECF No. 6, the Court GRANTS IN PART the 1 Petition and ORDERS Respondents to provide Petitioner with an individualized bond hearing under 8 U.S.C. § 1226(a) within fourteen (14) days. Respondents SHALL NOT deny Petitioner's bond on the basis that 8 U.S.C. § 1225(b)(2) requires mandatory detention. To the extent Petitioner seeks immediate release from detention, the Court respectfully DENIES IN PART the Petition. (no document attached) (mxc) (Entered: 06/11/2026)
Jun 11, 2026
Order