Southern District of California • 3:25-cv-03158

#1

Nov 14, 2025

Petition for Writ of Habeas Corpus Against Gregory John Archambeault, Christopher LaRose, Kristi Noem, United States Department of Homeland Security, Pamela Bondi, Executive Office for Immigration Review (EOIR), Daren K. Margolin, Otay Mesa Immigration Court, (Filing fee $5.00 receipt number ACASDC-20486251.), filed by Warley Batista Silva. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:25-cv-3158-AGS-BLM. Judge Andrew G. Schopler and Magistrate Judge Barbara Lynn Major are assigned to the case. (Gondim, Marcelo)(ggv)(jrd) (Entered: 11/14/2025)

#2

Nov 17, 2025

ORDER Requiring Response. Respondent Must Answer the Petition by 12/03/2025. Any Reply by Petitioner Must be Filed by 12/17/2025. The Court Will Hold Oral Arguments on the Petition on 12/23/2025 at 01:00 PM before District Judge Andrew G. Schopler. Signed by District Judge Andrew G. Schopler on 11/17/2025.(mef) (Entered: 11/17/2025)

#3

Nov 18, 2025

Notice of Appearance

#4

Nov 18, 2025

Notice of Appearance

#5

Dec 03, 2025

Return to Petition

#6

Dec 18, 2025

ORDER TO SHOW CAUSE (AGS): By December 19, 2025, petitioner must show cause in writing why this case should not be dismissed. In his initial petition, petitioner sought relief because he argued he was misclassified as being subject to mandatory detention under 8 U.S.C. § 1225(b)(2). (See generally ECF 1 .) Respondents assert, though, that a final order of removal was issued earlier this month, subjecting petitioner to a 90-day mandatory detention removal period. See 8 U.S.C. § 1231(a)(1)(A) ("[W]hen an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the 'removal period')."); 8 U.S.C. § 1231(a)(2)(A) ("During the removal period, the Attorney General shall detain the alien."). And petitioner did not file a reply to contest any of these facts. (See ECF 2 (ordering any reply brief be filed by yesterday).) In light of this apparently mandatory detention, petitioner must explain what authority, if any, this Court would have to order his release at the upcoming hearing. Signed by District Judge Andrew G. Schopler on 12/18/2025.(no document attached) (mxa) (Entered: 12/18/2025)

Dec 18, 2025

Order to Show Cause

#7

Dec 19, 2025

Response to Order to Show Cause

#8

Dec 19, 2025

ORDER (AGS): In light of petitioner's response, the show-cause order is discharged. Given the changed circumstances, though, the Court will set a new briefing schedule. By January 2, 2026, petitioner must file a brief, limited to ten pages, addressing any purported basis for this Court to release him. By January 16, 2026, respondents must file any response. The Court resets the hearing in this case to January 20, 2026, at 10:00 a.m. Signed by District Judge Andrew G. Schopler on 12/19/2025.(no document attached) (mxa) (Entered: 12/19/2025)

Dec 19, 2025

Order AND ~Util - Set Hearings AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Hearings AND ~Util - Terminate Motion and R&R Deadlines/Hearings

Dec 25, 2025

~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motion and R&R Deadlines/Hearings