Eastern District of California • 1:26-cv-05919

(HC) Alonzo Silvestre v. Becerra

Completed

Case Information

Filed: July 27, 2026
Assigned to: Dena M. Coggins
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 25, 2026
Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 28, 2026
PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Todd Blanche, Markwayne Mullin, David J. Venturella, Warden, Golden State Annex by Gaspar Alonzo Silvestre. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Acevedo, Mayra) (Entered: 07/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 28, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/28/2026)
Main Document: Immigration New Case Documents
#3
Jul 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Moises Becerra,Jonathan Williams, GOVT for Todd Blanche,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for U.S. Department of Homeland Security,Jonathan Williams, GOVT for David J. Venturella,Jonathan Williams, GOVT for Warden (Williams, Jonathan) (Entered: 07/28/2026)
Main Document: DESIGNATION
Jul 28, 2026
RECEIPT number ACAEDC-13644120 $5.00 paid on 07/27/2026 by Mayra Acevedo. (Deputy Clerk CM)
#4
Jul 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/29/2026: Respondents are GRANTED 7 days to File a Response to Petitioner's 1 Petition for a Writ of Habeas Corpus. Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the petition. Petitioner may file a reply within 7 days of service of the response. Petitioner A No. 216 963 492. (Text Only Entry). (Deputy Clerk JRM) (Entered: 07/29/2026)
Jul 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#5
Aug 05, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Williams, Jonathan) Modified on 8/14/2026 (KS). (Entered: 08/05/2026)
Main Document: ANSWER
#6
Aug 10, 2026
STATUS REPORT by All Respondents. (Attachments: # 1 Exhibit A) (Williams, Jonathan) Modified on 8/18/2026 (KS). (Entered: 08/10/2026)
Main Document: STATUS
#7
Aug 10, 2026
TRAVERSE/REPLY and REQUEST for IMMEDIATE RELEASE by Gaspar Alonzo Silvestre. (Attachments: # 1 Exhibit) (Acevedo, Mayra) Modified on 8/18/2026 (KS). (Entered: 08/10/2026)
Main Document: TRAVERSE/REPLY
#8
Aug 14, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/13/2026 RECOMMENDING that: Petitioner's 1 Petition for Writ of Habeas Corpus be granted; Respondents be ordered to immediately release Petitioner from custody. A t the time of release, Respondents shall be required to return all of Petitioner's documents and possessions. Respondents shall not impose any additional restrictions on Petitioner unless such restrictions are deemed necessary at a future pre-de privation hearing; Respondents be enjoined and restrained from re-detaining Petitioner absent compliance with constitutional protections which include, at a minimum: a. Pre-deprivation notice describing the change of circumstance(s) necessitating re- detention and b. A time pre-deprivation hearing at which the government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight even after consideration of alternati ves to detention, and at which Petitioner shall be permitted to have his counsel present; The order does not address the circumstances under which 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; The Clerk be directed to serve Golden State Annex with a copy of any release order; and that the Clerk be directed to enter judgment in favor of Petitioner and close this case. Referred to Judge Dena M. Coggins. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)
Main Document: Findings and Recommendations
#9
Aug 21, 2026
OBJECTIONS to 8 FINDINGS and RECOMMENDATIONS by Respondents. (Williams, Jonathan) Modified on 8/25/2026 (HAH). (Entered: 08/21/2026)
Main Document: Objections to Findings and Recommendations
#10
Aug 25, 2026
ORDER signed by District Judge Dena M. Coggins on 08/24/26 ADOPTING 8 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Gaspar Alonzo Silvestre (A-216-963-49 2) from Custody. At the time of release, Respondents shall return all of Petitioner's documents and possessions. Respondents are ENJOINED AND RESTRAINED from re-detaining Petitioner unless the government demonstrates by clear and convincing evidence at a pre-deprivation bond hearing. CASE CLOSED. (cc Golden State) (Deputy Clerk VLC)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#11
Aug 25, 2026
JUDGMENT dated *08/25/26* pursuant to order signed by District Judge Dena M. Coggins on 08/24/26 in favor of Petitioner. (Deputy Clerk VLC) (Entered: 08/25/2026)
Main Document: Judgment

Parties

Becerra
Party
(HC) Alonzo Silvestre
Party