Eastern District of California • 1:26-cv-00007
(HC) Rivera Carlos v. Chestnut
Active
Case Information
Filed: January 02, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
March 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 02, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Abel Rivera Carlos. (Filing fee $ 5, receipt number ACAEDC-12717823) (Attachments: # 1 Civil Cover Sheet)(Dougherty, Neal) (Entered: 01/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Abel Rivera Carlos. (Attachments: # 1 TRO Checklist, # 2 Memorandum, # 3 Affidavit, # 4 Proposed Order)(Dougherty, Neal) (Entered: 01/02/2026)
Main Document:
Temporary Restraining Order
#3
Jan 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/5/2026. (Attachments: # 1 Consent Form) (Deputy Clerk JJD) (Entered: 01/02/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Jan 03, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Based on the record filed thus far, it appears Petitioner is likely to succeed on the due process claim and that some form of immediate relief may be appropriate. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than January 13, 2026 why the Court should not grant Petitioner's motion for a temporary restraining order. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File and other supporting documents. Petitioner may file a reply no later than January 20, 2026. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; and (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing. Depending on the content of the filings, the Court may set a hearing or may rule on the papers.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief.No later than January 4, 2026, to the extent not already accomplished, Petitioner's counsel is directed: (1) to serve Respondents with a copy of the Petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on January 3, 2026. (Deputy Clerk IM) (Entered: 01/03/2026)
Jan 03, 2026
Minute Order
#6
Jan 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cameron Desmond, GOVT for Sergio Albarran,Cameron Desmond, GOVT for Pamela Bondi,Cameron Desmond, GOVT for Christopher Chestnut,Cameron Desmond, GOVT for Kristi Noem (Desmond, Cameron) (Entered: 01/05/2026)
Main Document:
DESIGNATION
#7
Jan 05, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#8
Jan 12, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#9
Jan 14, 2026
Reply to Response to Motion
Main Document:
Reply to Response to Motion
#10
Jan 20, 2026
Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Jan 23, 2026
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 1/23/2026: (Text Only Entry). On January 20, 2026, the Court issued an order 10 granting a preliminary injunction. The Court referred the matter to the undersigned for further proceedings. Petitioner and Respondent are directed to advise the Court within five (5) days whether they wish to stand on the submissions to date, or whether the parties wish to provide supplemental briefing. (Deputy Clerk WAK) (Entered: 01/23/2026)
Jan 23, 2026
Minute Order
#12
Feb 04, 2026
STATUS REPORT by Abel Rivera Carlos. (Attachments: # 1 Exhibit Exhibits in Support)(Dougherty, Neal) (Entered: 02/04/2026)
Main Document:
STATUS
#13
Feb 06, 2026
MINUTE ORDER (Text Only Entry) On January 20, 2026, the Court ordered Respondents to provide Petitioner with a substantive bond hearing by February 3, 2026. (Doc. 10 .) According to a status report filed by Petitioner on February 4, 2026, (Doc. 12 ), no such bond hearing has been provided. It goes without saying that any such delay adversely impacts the detained person. Therefore, Respondents and counsel for Respondents, Assistant United States Attorney Cameron L. Desmond, are ordered to show cause in writing by no later than 3:00 p.m. on Monday, February 9, 2026: (1) why petitioner should not be released immediately; and (2) why Respondents and/or counsel should not be sanctioned or held in contempt of Court. Alternatively, the parties may stipulate to the immediate release of Petitioner on appropriate conditions signed by District Judge Jennifer L. Thurston on February 6, 2026. (Deputy Clerk IM) (Entered: 02/06/2026)
Feb 06, 2026
Minute Order
#14
Feb 09, 2026
RESPONSE to 13 ORDER to SHOW CAUSE by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Desmond, Cameron) (Entered: 02/09/2026)
Main Document:
RESPONSE
#15
Feb 12, 2026
Findings and Recommendations
Main Document:
Findings and Recommendations
#16
Mar 03, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#17
Mar 05, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#18
Mar 05, 2026
Judgment
Main Document:
Judgment
Parties
Chestnut
Party
(HC) Rivera Carlos
Party