Eastern District of California • 1:26-cv-06210

(HC) Garville v. Warden of the Central Valley Annex Detention Facility

Active

Case Information

Filed: August 05, 2026
Assigned to: Vince Chhabria
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 08, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 05, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Central Valley Annex Detention Facility by Gayle Garville. (Deputy Clerk SZ) (Entered: 08/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 05, 2026
NOTICE of CHANGE of ADDRESS to 254 Taylor Avenue, P.O. Box 637 McFarland, CA 93250 by Gayle Garville. (Deputy Clerk EF) (Entered: 08/07/2026)
Main Document: Notice of Change of Address
Aug 05, 2026
RECEIPT number 100009082 for $5.00 for Gayle Garville from Geo Secure Services, LLC. (Deputy Clerk SZ)
#3
Aug 07, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 08/07/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#4
Aug 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden of the Central Valley Annex Detention Facility (Williams, Jonathan) (Entered: 08/07/2026)
Main Document: DESIGNATION
#5
Aug 07, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 8/7/2026: Respondents to file a Response to the 1 Habeas Petition by 8/21/2026. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, and Petitioner's criminal record to the extent one exists. Petitioner may file a reply by 8/28/2026. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending.p>The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 08/07/2026)
Aug 07, 2026
Service by Mail
Aug 07, 2026
SERVICE BY MAIL: 5 Minute Order served on Petitioner. (Thomas, Julia)
Aug 07, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Gayle Garville. (Deputy Clerk SZ)
Aug 07, 2026
Minute Order
#6
Aug 14, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 8/14/2026: Pursuant to the Order appointing counsel dated 8/7/2026 (ECF No. 5 ), the appointing authority for the Eastern District of California has confirmed that attorney Cole L. Catlin seeks appointment nunc pro tunc to 8/14/2026 and notified the Court of Counsel's contact information. Attorney Cole L. Catlin is hereby appointed pro hac vice as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Attorney Cole L. Catlin, Catlin Law, PLLC, 2722 3rd Avenue North, Suite 400, Billings, MT 59101, 406-671-5021, as counsel for petitioner on an ad hoc basis in this matter. (TEXT ONLY ENTRY) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 08/14/2026)
Aug 14, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#7
Aug 22, 2026
REPLY by Warden of the Central Valley Annex Detention Facility re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A-DHS Records)(Williams, Jonathan) (Entered: 08/22/2026)
Main Document: REPLY
#8
Aug 28, 2026
MOTION for 30-DAY EXTENSION OF TIME to file Petitioner's Reply. by Gayle Garville. (Attachments: # 1 Proposed Order)(Catlin, Cole) (Entered: 08/28/2026)
Main Document: Extension of Time
#9
Aug 31, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 8/31/2026: Petitioner's unopposed motion for a 30-day extension to file his reply is granted. See Dkt. No. 2 at 2 ("attorney for the Respondent was contacted regarding this motion and does not object to this extension"). Petitioner may file his reply on or before 9/28/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/31/2026)
Aug 31, 2026
Minute Order AND Order on Motion for Extension of Time
#10
Sep 05, 2026
MOTION Dissolution or Modification of TRO re 5 Minute Order,,,,,,,, by Warden of the Central Valley Annex Detention Facility. (Attachments: # 1 Declaration Declaration of Deportation Officer Farshid Moradi, # 2 Exhibit Exhibit 1: Immigration judge removal order, dated October 16, 2009., # 3 Exhibit Exhibit 2: Form I-871, Notice of Intent/Decision to Reinstate Prior Order, dated August 10, 2015., # 4 Exhibit Exhibit 3: Form I-213, Record of Deportable/Inadmissible Alien, dated March 14, 2025., # 5 Exhibit Exhibit 4: Form I-871, Notice of Intent/Decision to Reinstate Prior Order, dated March 12, 2025., # 6 Exhibit Exhibit 5: Form I-247A, Immigration Detainer, dated March 14, 2025; Federal Bureau of Prisons Release Authorization, dated June 23, 2026.)(Williams, Jonathan) (Entered: 09/05/2026)
Main Document: Miscellaneous Relief
#11
Sep 09, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 9/9/2026: Respondents' Motion to Modify or Dissolve the Court's Order at Dkt. No. 5 is GRANTED. Respondents have submitted evidence that Petitioner was ordered removed to Jamaica in 2009, and that he has been successfully removed pursuant to that order on two occasions. See Dkt. No. 10-1 at 2. Given that Petitioner is subject to a final order of removal, his detention is controlled by 8 U.S.C. § 1231(a)(6). Accordingly, the Court vacates its order at Dkt. No. 5 requiring that Petitioner remain in the district while the petition is pending. Petitioner's deadline to file a reply in support of the petition continues to be 9/28/2026 pursuant to Dkt. No. 9 . (Text Only Entry) (Thomas, Julia) (Entered: 09/09/2026)
Sep 09, 2026
Minute Order AND Order on Motion for Miscellaneous Relief
#12
Sep 10, 2026
MOTION for RECONSIDERATION re 11 Minute Order,,,, Order on Motion for Miscellaneous Relief,,, by Gayle Garville. (Catlin, Cole) (Entered: 09/10/2026)
Main Document: Reconsideration
#13
Sep 11, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 9/11/2026: Petitioner's 12 Motion for Reconsideration of the Court's Order at Dkt. No. 11 is DENIED. Respondents' have submitted evidence that Petitioner is subject to a final order of removal. Petitioner does not challenge the finality of this order, and the Court is not aware of any authority supporting the contention that a suspected claim for legal status renders an order non-final. See Dkt. No. 12 at 5-6. As such, unless Petitioner's removal is stayed by the Immigration Court, BIA, or Ninth Circuit, or Petitioner's immigration case is reopened, there is nothing barring Petitioner's removal, including this pending habeas petition.If Petitioner is transferred, Respondents shall notify Petitioner's counsel within 24 hours at the latest. (Text Only Entry) (Thomas, Julia) (Entered: 09/11/2026)
Sep 11, 2026
Minute Order AND Order on Motion for Reconsideration
#14
Sep 21, 2026
MOTION to AMEND the 1 Petition for Writ of Habeas Corpus by Gayle Garville. (Attachments: # 1 Exhibit First Amended Petition, # 2 Proposed Order Proposed Order Granting Motion for Leave to File First Amended)(Catlin, Cole) (Entered: 09/21/2026)
Main Document: Amend the Complaint/Petition
#15
Sep 21, 2026
MOTION for DISCOVERY Leave requested to serve limited discovery by Gayle Garville. (Attachments: # 1 Proposed Order)(Catlin, Cole) (Entered: 09/21/2026)
Main Document: Discovery
#16
Sep 25, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 9/25/2026: The Court is in receipt of Petitioner's motions for discovery and to file an Amended Petition (see Dkt. Nos. 14, 15). Respondents shall file a combined Response, or statement of non-opposition, to the motions by 9/29/2026. (Text Only Entry) (Thomas, Julia) (Entered: 09/25/2026)
Sep 25, 2026
Minute Order
#17
Sep 29, 2026
RESPONSE by Warden of the Central Valley Annex Detention Facility to 15 Motion for Discovery, 14 Motion to Amend the Complaint/Petition. (Williams, Jonathan) (Entered: 09/29/2026)
Main Document: RESPONSE
#18
Oct 08, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 10/8/2026 re 14 Motion for Leave to Amend: Petitioner's Motion for Leave to Amend is GRANTED. "The Civil Rule governing pleading amendments, Federal Rule of Civil Procedure 15, [is] made applicable to habeas proceedings by § 2242, Federal Rule of Civil Procedure 81(a)(2), and Habeas Corpus Rule 11[.]" Mayle v. Felix, 545 U.S. 644, 655 (2005). "In assessing whether leave to amend is proper, courts consider 'the presence or absence of undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies by previous amendments, undue prejudice to the opposing party and futility of the proposed amendment.'" Kroessler v. CVS Health Corp., 977 F.3d 803, 814-15 (9th Cir. 2020) (quoting Moore v. Kayport Package Exp., Inc., 885 F.2d 531, 538 (9th Cir. 1989)). Respondents have not made a showing with respect to these factors. Though the Court is doubtful that it has jurisdiction with respect to the first and fifth claims in the First Amended Petition ("FAP"), Respondents have not offered any authority suggesting the amendment here would be futile. Indeed, their response does not raise a jurisdictional argument. As a court "should freely give leave [to amend] when justice so requires[,]" the motion is granted. Fed. R. Civ. P. 15(a)(2). The Clerk of the Court is directed to update the docket with the Amended Petition (Dkt. No. 14 -1). (Text Only Entry) (Thomas, Julia) (Entered: 10/08/2026)
#19
Oct 08, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 10/8/2026 re First Amended Petition and 15 Motion for Discovery: The Court requests further briefing on the First Amended Petition ("FAP") before it can rule on Petitioner's discovery requests, which are extensive. By 10/15/26, Respondents SHALL file a response to the FAP addressing the following questions, and any additional issues they wish to raise: 1. Claims 1 and 5: Whether the Court has jurisdiction to consider claims 1 and 5? 2. Claim 2: Whether Respondents have followed the procedures set in 8 C.F.R. § 241.4 and, if not, whether habeas relief is warranted for failure to follow such procedures? 3. Claims 3 and 4: Whether Petitioner has made a sufficient showing under Zadvydas v. Davis to shift the burden to Respondents? Petitioner may file a reply by 10/20/26. Following the submission of briefing, the Court will determine whether dismissal of the FAP is proper, or if further briefing and/or discovery is necessary to adjudicate the claims raised in the FAP. (Text Only Entry) (Thomas, Julia) (Entered: 10/08/2026)
#20
Oct 08, 2026
NOTICE of Changed Circumstances by Warden of the Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit A-Executed Warrant of Removal)(Williams, Jonathan) (Entered: 10/08/2026)
Main Document: Notice (Other)
Oct 08, 2026
Minute Order
Oct 08, 2026
Minute Order AND Order on Motion to Amend the Complaint

Parties

(HC) Garville
Party
Warden of the Central Valley Annex Detention Facility
Party