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: January 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
#7
Jan 05, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service

Parties

Chestnut
Party
(HC) Rivera Carlos
Party