(HC) Sivira Manzano v. Warden, California City Detention Center

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
NORBERTO JOSE SIVIRA MANZANO,
Petitioner,
v.
WARDEN, CALIFORNIA CITY
DETENTION CENTER,
Respondent.
No. 1:26-cv-07284-DAD-SCR (HC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
PETITION FOR WRIT OF HABEAS
CORPUS
(Doc. No. 6)
Petitioner is a federal immigration detainee proceeding pro se with a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a United States
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 2, 2026, the assigned magistrate judge issued findings and recommendations
recommending that petitioner’s petition for writ of habeas corpus (Doc. No. 1) be granted. (Doc.
No. 6.) Specifically, the magistrate judge concluded that petitioner’s re-detention without notice
and a pre-detention hearing violated due process. (Id. at 1–2.) The pending findings and
recommendations were served on the parties and contained notice that any objections thereto
were to be filed within three (3) days after service. (Id. at 3.) On October 5, 2026, respondent
filed objections to the findings and recommendations stating that respondent objects for the
reasons stated in its prior briefing. (Doc. No. 7 at 1.) Specifically, respondent objects to the
Case 1:26-cv-07284-DAD-SCR Document 8 Filed 10/15/26 Page 1 of 3

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recommendation that petitioner be immediately released. (Id.) Respondent does not provide any
substantive analysis or reasoning in support of this objection. Pursuant to the reasoning set forth
in Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606, at *2–5 (E.D. Cal.
Dec. 9, 2025), the court concludes that petitioner is entitled to immediate release. Accordingly,
the court rejects respondent’s objections as unpersuasive.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
de novo review of the case. Having carefully reviewed the entire file, the court concludes that the
findings and recommendations are supported by the record and by proper analysis.
For the reasons above,
1. The findings and recommendations filed on October 2, 2026 (Doc. No. 6) are
ADOPTED in full;
2. The petition for writ of habeas corpus (Doc. No. 1) is GRANTED as follows:
a. Respondent is ORDERED to immediately release petitioner Norberto Jose
Sivira Manzano, A-File No. 244-595-238, from respondent’s custody on
the same conditions, if any, he was subject to prior to his re-detention on or
about July 30, 2026;
b. Respondent is ENJOINED and RESTRAINED from re-detaining petitioner
for any purpose, absent exigent circumstances, without notice and a
hearing before an immigration judge where respondent will have the
burden of establishing that petitioner is a danger or flight risk by clear and
convincing evidence;
3. The Clerk of the Court is directed to serve a copy of this order on the California
City Detention Facility; and
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Case 1:26-cv-07284-DAD-SCR Document 8 Filed 10/15/26 Page 2 of 3

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4. The Clerk of the Court is also directed to enter judgment in favor of petitioner and
close this case.
IT IS SO ORDERED.
Dated: October 14, 2026
DALE A. DROZD
UNITED STATES DISTRICT JUDGE
Case 1:26-cv-07284-DAD-SCR Document 8 Filed 10/15/26 Page 3 of 3