Eastern District of California • 2:26-cv-00047
(HC) Habtimechael v. Chestnut
Active
Case Information
Filed: January 07, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
January 28, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 07, 2026
CIVIL COVER SHEET filed by Abel Habtimechael. (Gaime, Haregu) (Entered: 01/07/2026)
Main Document:
CIVIL
#2
Jan 07, 2026
PETITION for WRIT of HABEAS CORPUS against Pam Bondi by Abel Habtimechael. (Filing fee $ 5, receipt number ACAEDC-12734806) (Gaime, Haregu) (Entered: 01/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#3
Jan 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Abel Habtimechael. (Attachments: # 1 TRO Checklist)(Gaime, Haregu) (Entered: 01/07/2026)
Main Document:
Temporary Restraining Order
#4
Jan 08, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/12/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 01/08/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Jan 08, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Dale A. Drozd on 1/8/2026: (Text Only Entry).Pending the issuance of the courts order resolving the pending 3 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the courts 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 present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 3 motion for temporary restraining order. Further, no later than today, 1/8/2025, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM on Friday, 1/9/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this courts decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties proposal. (Deputy Clerk CGH) (Entered: 01/08/2026)
#6
Jan 08, 2026
CERTIFICATE / PROOF of SERVICE by Abel Habtimechael re 5 Minute Order,,,,,,,, 3 MOTION for TEMPORARY RESTRAINING ORDER, 2 Petition for Writ of Habeas Corpus, 1 Civil Cover Sheet, 4 Prisoner New Case Documents. (Gaime, Haregu) (Entered: 01/08/2026)
Main Document:
Certificate / Proof of Service
#7
Jan 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Pam Bondi,Audrey Benison Hemesath, GOVT for Christopher Chestnut,Audrey Benison Hemesath, GOVT for Joseph B. Edlow,Audrey Benison Hemesath, GOVT for Kristi Noem (Hemesath, Audrey) (Entered: 01/08/2026)
Main Document:
DESIGNATION
#8
Jan 08, 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. (Hemesath, Audrey) (Entered: 01/08/2026)
Main Document:
CONSENT/DECLINE
#9
Jan 08, 2026
OPPOSITION by Respondents Pam Bondi, Christopher Chestnut, Joseph B. Edlow, Kristi Noem to 3 MOTION for TEMPORARY RESTRAINING ORDER. (Hemesath, Audrey) (Entered: 01/08/2026)
Main Document:
OPPOSITION
Jan 08, 2026
Minute Order
#10
Jan 12, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 1/12/2026: On 1/7/2026, petitioner filed a motion for temporary restraining order (Doc. No. 3 ). On 1/8/2026, respondents filed their opposition (Doc. No. 9 ) to the motion. Having considered the circumstances of petitioners detention and the parties arguments with respect to the pending motion, the court finds its previous order issued in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025) to be analogous and persuasive. In Ayala Cajina, the undersigned concluded that due process required a pre-detention hearing to protect the petitioners liberty interest in their continued release. Accordingly, pursuant to the reasoning in Ayala Cajina, petitioners motion for a temporary restraining order (Doc. No. 3 ) is GRANTED and the court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents custody on the same conditions that governed his release immediately prior to his re-detention; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (Deputy Clerk PAB) (Entered: 01/12/2026)
Jan 12, 2026
Minute Order
#11
Jan 13, 2026
REPLY by Pam Bondi, Christopher Chestnut, Joseph B. Edlow, Kristi Noem re 10 Minute Order,,,,,,. (Hemesath, Audrey) (Entered: 01/13/2026)
Main Document:
REPLY
#12
Jan 28, 2026
Dismiss
Main Document:
Dismiss
Parties
Chestnut
Party
Habtimechael
Party