Eastern District of California • 1:26-cv-06552

(HC) Garcia-Silva v. Chestnut

Active

Case Information

Filed: August 17, 2026
Assigned to: Dale Alan Drozd
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 15, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 17, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Leodan Garcia-Silva. (Deputy Clerk DAR) (Entered: 08/18/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 18, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/18/2026)
Main Document: Immigration New Case Documents
#3
Aug 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Christopher Chestnut (Rodriguez, Elisa) (Entered: 08/18/2026)
Main Document: DESIGNATION
Aug 18, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Leodan Garcia-Silva. (Deputy Clerk DAR)
Aug 18, 2026
Service by Mail
#4
Aug 19, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/19/2026: Petitioner, an immigration detainee proceeding in pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. In accordance with the above, IT IS HEREBY ORDERED that: 1. Within seven days of the date of service of this order, respondent must file a response to the petition. 2. A response may be one of the following: A. An answer addressing the merits of the petition. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. B. A motion to dismiss the petition. 3. Within seven days of the date of service of this order, respondent must file any documents necessary for resolving the issues presented in the petition. 4. If respondent files an answer to the petition, petitioner may file a traverse within seven days of the date of service of respondent's answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 5. If respondent moves to dismiss, petitioner must file an opposition or statement of non-opposition within seven days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within seven days after the opposition is served. The motion to dismiss will be considered submitted twenty-one days after the service of the motion or when the reply is filed, whichever comes first. See Local Rule 230(l). 6. The Clerk of Court is directed to send petitioner a copy of the in forma pauperis form used by this district. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of a request to proceed in forma pauperis or the appropriate filing fee of $5.00. (Text Only Entry). (Deputy Clerk NAC) (Entered: 08/19/2026)
Aug 19, 2026
Service by Mail
Aug 19, 2026
Minute Order
Aug 19, 2026
SERVICE BY MAIL: 4 Minute Order served on Leodan Garcia-Silva. (Deputy Clerk NAC)
#5
Aug 24, 2026
MOTION to DISMISS by Christopher Chestnut. (Rodriguez, Elisa) (Entered: 08/24/2026)
Main Document: Dismiss
Aug 31, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 4 Minute Order sent to Leodan Garcia-Silva. Notice of Change of Address due by 10/8/2026. (Deputy Clerk DAR)
Sep 15, 2026
Findings and Recommendations
Sep 15, 2026
Service by Mail

Parties

Chestnut
Party
(HC) Garcia-Silva
Party