Eastern District of California • 1:26-cv-06080
(HC) Sidinei v. Warden, Golden State Annex
Active
Case Information
Filed: August 03, 2026
Assigned to:
Dena M. Coggins
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 13, 2026
Parties:
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Docket Entries
#1
Aug 03, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex by Cesar Da Silva Sidinei. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Cesar Da Silva Sidinei. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
In Forma Pauperis
#3
Aug 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Cesar Da Silva Sidinei. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
Temporary Restraining Order
#4
Aug 03, 2026
MOTION to APPOINT COUNSEL by Cesar Da Silva Sidinei. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
Appoint Counsel
#5
Aug 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
Immigration New Case Documents
#6
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, Golden State Annex (Williams, Jonathan) (Entered: 08/04/2026)
Main Document:
DESIGNATION
#7
Aug 04, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/4/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 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 3 Motion for Temporary Restraining Order by 12:00 PM on 8/6/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 8/20/2026. Both parties should address whether they oppose the court ruling directly on 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: 08/04/2026)
Aug 04, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Cesar Da Silva Sidinei. (Text Only Entry) (Deputy Clerk CRS)
Aug 04, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Cesar Da Silva Sidinei. (Deputy Clerk VLK)
Aug 04, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Aug 04, 2026
Service by Mail
#8
Aug 06, 2026
OPPOSITION by Warden, Golden State Annex to 3 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit A-I213, # 2 Exhibit B-EOIR Records)(Williams, Jonathan) (Entered: 08/06/2026)
Main Document:
Opposition to Motion
#9
Aug 13, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/13/2026: In Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for a Temporary Restraining Order, Petitioner alleges that he was detained by immigration authorities on 7/23/2026, and argues that he has been unlawfully detained since that date. In their 8 Opposition, Respondents allege that Petitioner was ordered removed on 1/3/2026, and that order of removal became final on 2/2/2026 after Petitioner failed to appeal the order to the Board of Immigration Appeals. Respondents attach Petitioner's [8-2] removal order to their Opposition. Thus, Respondents contend, Petitioner is detained under 8 U.S.C. § 1231(a)(6), "which authorizes continued detention where removal remains foreseeable and flight risk persists." (Doc. No. 8 at 2.) While Petitioner does challenge his detention as unlawfully prolonged in his 1 Petition and 3 Motion, Petitioner does not allege that his removal is not reasonably foreseeable. Thus, Petitioner fails to meet his initial burden under Zadvydas v. Davis, 533 U.S. 678 (2001). Accordingly, Petitioner's 3 Motion for a Temporary Restraining Order is DENIED without prejudice to Petitioner filing an amended petition addressing any alleged lack of foreseeable removal. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/13/2026)
Aug 13, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 9, served on Cesar Da Silva Sidinei. (Text Only Entry) (Deputy Clerk CRS)
Aug 13, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Aug 13, 2026
Service by Mail
#10
Aug 17, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 08/14/2026 GRANTING Petitioner Cesar Da Silva Sidinei's, A# 241-663-400, 2 Motion to Proceed IFP. Within 21 days from the date of this order, Petitioner shall file an amended petition addressing whether his removal is foreseeable and any flight risk persists. An answer or motion to dismiss shall be filed 7 days after being served with the amended petition. Petitioner's reply to an answer, or an opposition to a motion to dismiss shall be filed 14 days after being served with either response. (Deputy Clerk KS)
Aug 17, 2026
SERVICE BY MAIL: 10 Order and 2241 Application served on Cesar Da Silva Sidinei. (Deputy Clerk KS)
Aug 17, 2026
MAIL RETURNED as Undeliverable, Return to Sender, Released: 7 Minute Order sent to Cesar Da Silva Sidinei. Notice of Change of Address due by 9/24/2026. (Deputy Clerk AKP)
Aug 17, 2026
MAIL RETURNED as Undeliverable, Return to Sender, Released: 5 Immigration New Case Documents sent to Cesar Da Silva Sidinei. Notice of Change of Address due by 9/24/2026. (Deputy Clerk AKP)
Aug 17, 2026
Service by Mail
Aug 25, 2026
MAIL RETURNED as Undeliverable–released; unable to forward: 9 Minute Order sent to Cesar Da Silva Sidinei 241-663-400. Notice of Change of Address due by 10/2/2026. (Deputy Clerk GJM)
Sep 11, 2026
Service by Mail
Sep 11, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Sep 24, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 9/24/2026 ORDERING that within 14 days of the date of this order petitioner shall SHOW CAUSE why this action should not be dismissed as moot. (Deputy Clerk HAH)
Sep 24, 2026
Service by Mail
#14
Oct 13, 2026
Findings and Recommendations
Main Document:
Findings and Recommendations
Oct 13, 2026
Service by Mail
Parties
(HC) Sidinei
Party
Warden, Golden State Annex
Party