Rodriguez-Silva v. Divver et al

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3:26-cv-1315-CAB-MSB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
KENNY MOISES RODRIGUEZ-SILVA,
Petitioner,
v.
PATRICK DIVVER, et al.,
Respondents.
Case No.: 3:26-cv-1315-CAB-MSB
ORDER DISMISSING PETITION
WITH LEAVE TO AMEND
Petitioner Kenny Moises Rodriguez-Silva has filed a petition for a writ of habeas
corpus pursuant to 8 U.S.C. § 2241. [Doc. No. 1 (“Petition”).] Petitioner alleges that he
is unlawfully detained by Immigration and Customs Enforcement (“ICE”) at the Otay Mesa
Detention Center in San Diego, California. [Id. at 2.]
The Court DISMISSES the petition with leave to amend because the Petition is
missing crucial information for the Court to evaluate whether a response is warranted. See
Kourteva v. I.N.S., 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary dismissal is
appropriate only where the allegations in the petition are vague or conclusory, palpably
incredible, or patently frivolous or false.”) For example, Petitioner vaguely alleges that
“[a]t some point thereafter [his release after initial apprehension], DHS initiated removal
proceedings[.]” 	[Id. at 4.] 	Further, Petitioner does not indicate when or under what
conditions he was released from ICE custody following his initial apprehension, the
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circumstances of his recent re-detention leading to this Petition, or the status of his
“currently pending” proceeding before the Board of Immigration Appeals.
If Petitioner wishes to proceed with this case, he must file a First Amended Petition
within thirty (30) days of the date of this Order. 	The First Amended Petition must be
complete in itself without reference to the original Petition. Defendants not named and any
claim not re-alleged will be considered waived. See CivLR 15.1(a).
It is SO ORDERED.
Dated: March 3, 2026
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