Eastern District of California • 1:26-cv-00031

(HC) Mai v. Chestnut

Active

Case Information

Filed: January 05, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: May 12, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 05, 2026
(2241) PETITION for WRIT of HABEAS CORPUS and REQUEST for Injunctive Relief against Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem by Tho Mai. (Deputy Clerk AML) (Entered: 01/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 05, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Tho Mai. (Deputy Clerk AML) (Entered: 01/06/2026)
Main Document: In Forma Pauperis
#3
Jan 05, 2026
MOTION to APPOINT COUNSEL by Tho Mai. (Deputy Clerk AML) (Entered: 01/06/2026)
Main Document: Appoint Counsel
#4
Jan 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due within thirty (30) days. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 01/06/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Jan 06, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Tho Mai signed by Magistrate Judge Sheila K. Oberto on 1/6/2026. (Deputy Clerk AML) (Entered: 01/06/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
Jan 06, 2026
SERVICE BY MAIL: 5 Order Authorizing IFP Status, 4 Prisoner New Case Documents served on Tho Mai. (Deputy Clerk AML)
Jan 06, 2026
Service by Mail
#6
Jan 08, 2026
Order on Motion to Appoint Counsel
Main Document: Order on Motion to Appoint Counsel
#7
Jan 08, 2026
Order to Show Cause
Main Document: Order to Show Cause
Jan 08, 2026
Service by Mail
Jan 08, 2026
SERVICE BY MAIL: 6 Order on Motion to Appoint Counsel, 7 Order to Show Cause served on Tho Mai. (Deputy Clerk AML)
#8
Jan 15, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk CM) (Entered: 01/15/2026)
Main Document: CONSENT/DECLINE
Jan 15, 2026
RECEIPT number 100006959 for $5.00 for Tho Mai. (Deputy Clerk SSA)
#9
Jan 26, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#10
Jan 26, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 1/26/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 9 motion for temporary restraining order. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file a single response to the 1 petition for writ of habeas corpus and 9 motion for temporary restraining order by February 2, 2026. The response shall provide the Court with copies of all of the following documents if they were provided to petitioner: (1) any order of removal; (2) any documentation concerning petitioner's prior detention and release from detention; (3) any order of supervision; (4) any notice of revocation of release; (5) any documentation concerning an alien informal interview under 8 C.F.R. §§ 241.4(l) and 241.13(i); (6) any Form I-213, Record of Deportable/Inadmissible Alien; (7) any travel document for petitioner; and (8) any and all available records documenting and/or detailing the nature of any alleged violations of the order of supervision. ORDER PREVENTING TRANSFER PENDING FURTHER COURT ORDER. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). The Clerk of Court is directed to serve a copy of this Order, along with the 1 petition for writ of habeas corpus and 9 motion for temporary restraining order, on the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov. (Voyles, J.) (Entered: 01/26/2026)
Jan 26, 2026
Minute Order
#11
Jan 27, 2026
DOCUMENT(S) SERVED ELECTRONICALLY: 1 Petition for Writ of Habeas Corpus, 9 MOTION for TEMPORARY RESTRAINING ORDER, 10 Text Only Minute Order served on Office of the United States Attorney for the Eastern District of California at usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk OFR) (Entered: 01/27/2026)
Jan 27, 2026
Service by Mail
Jan 27, 2026
SERVICE BY MAIL: 10 Text Only Minute Order served on Tho Mai. (Deputy Clerk OFR)
#12
Feb 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Pamela Bondi,Jonathan Williams, GOVT for Christopher Chestnut,Jonathan Williams, GOVT for Todd M. Lyons,Jonathan Williams, GOVT for Kristi Noem (Williams, Jonathan) (Entered: 02/01/2026)
Main Document: DESIGNATION
#13
Feb 01, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 02/01/2026)
Main Document: CONSENT/DECLINE
#14
Feb 02, 2026
RESPONSE by Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem to 10 Minute Order,,,,,,,,,,. (Attachments: # 1 Exhibit I-213, # 2 Exhibit Removal Order, # 3 Exhibit Orders of Supervision, # 4 Exhibit RAP Sheet, # 5 Exhibit I-229(a))(Williams, Jonathan) (Entered: 02/02/2026)
Main Document: RESPONSE
#15
Feb 02, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#16
Feb 17, 2026
OPPOSITION to Respondent's Opposition to Preliminary Injunction and Petition for Writ of Habeas Corpus, by Petitioner Tho Mai. (Deputy Clerk CRM) (Entered: 02/18/2026)
Main Document: OPPOSITION
#17
Apr 02, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#18
Apr 13, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#19
Apr 14, 2026
Amend the Judgment
Main Document: Amend the Judgment
#20
Apr 15, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/15/2026: (Text Only Entry): Respondents provide evidence that they have obtained a travel document that permits them to remove petitioner to Vietnam. Doc. 19-1. Respondents' 19 motion to modify the Court's stay of transfer from this district (see Doc. 10 ) is granted to the following extent: The stay of transfer is lifted for the limited purpose of effectuating petitioner's removal to Vietnam. (Deputy Clerk VMG) (Entered: 04/15/2026)
Apr 15, 2026
Minute Order AND Order on Motion to Amend the Judgment
Apr 15, 2026
Service by Mail
Apr 15, 2026
SERVICE BY MAIL: 20 Minute Order, Order on Motion to Amend the Judgment, served on Tho Mai. (Deputy Clerk VMG)
#21
Apr 23, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/23/2026: (Text Only Entry). On April 15, 2026, the Court lifted the stay of transfer for a limited purpose. Doc. 20. Respondents are directed to file a status report within ten days regarding petitioner's status. (Deputy Clerk VMG) (Entered: 04/23/2026)
Apr 23, 2026
SERVICE BY MAIL: 21 Minute Order, served on Tho Mai. (Deputy Clerk VMG)
Apr 23, 2026
Minute Order
Apr 23, 2026
Service by Mail
#22
Apr 30, 2026
DECLARATION of Kenneth Jager re 21 Minute Order,. (Attachments: # 1 Proof of Service Proof of Service)(Williams, Jonathan) (Entered: 04/30/2026)
Main Document: DECLARATION
#23
May 04, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/04/2026: (Text Only Entry). The Court has reviewed respondents' 22 filing regarding petitioner's status. Respondents are directed to file a status report within ten days regarding petitioner's status. (Deputy Clerk VMG) (Entered: 05/04/2026)
#24
May 04, 2026
ORDER REASSIGNING CASE signed by Chief Judge Troy L. Nunley: Due to the retirement of Magistrate Judge Sheila K. Oberto from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Erin Guy Castillo* for all further proceedings. (Deputy Clerk LJB) (Entered: 05/04/2026)
Main Document: ORDER
May 04, 2026
SERVICE BY MAIL: 23 Minute Order, served on Tho Mai. (Deputy Clerk VMG)
May 04, 2026
Minute Order
May 04, 2026
Service by Mail
May 04, 2026
SERVICE BY MAIL: 24 Order Reassigning Judge, served on Tho Mai. (Deputy Clerk LJB)
#25
May 08, 2026
Dismiss
Main Document: Dismiss
#27
May 12, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document: Judgment AND ~Util - Terminate Civil Case
May 12, 2026
Minute Order AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND Order on Motion to Dismiss
May 12, 2026
Service by Mail

Parties

Chestnut
Party
(HC) Mai
Party