Eastern District of California • 1:26-cv-00317

(HC) Chhetri v. Chestnut

Active

Case Information

Filed: January 15, 2026
Assigned to: Dale Alan Drozd
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: January 26, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 15, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Christopher Chestnut, Todd Lyons, Kristi Noem by Shahil Mahatara Chhetri. (Filing fee $ 5, receipt number ACAEDC-12766772) (Attachments: # 1 Civil Cover Sheet)(Adhikari, Laxman) (Entered: 01/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Shahil Mahatara Chhetri. (Attachments: # 1 Declaration with Exhibits, # 2 Proposed Order)(Adhikari, Laxman) (Entered: 01/15/2026)
Main Document: Temporary Restraining Order
#3
Jan 15, 2026
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 15, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 1/15/2026: (Text Only Entry).Pending the issuance of the courts order resolving the pending 2 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 2 motion for temporary restraining order. Further, no later than tomorrow, 1/16/2026, 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 2 motion for temporary restraining order by 5:00 PM on Tuesday, 1/20/2026. 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 Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 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: 01/15/2026)
Jan 15, 2026
Minute Order
#5
Jan 19, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Pamela Bondi,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Todd Lyons,Anthony Andrews for Kristi Noem (Andrews, Anthony) (Entered: 01/19/2026)
Main Document: DESIGNATION
#6
Jan 19, 2026
RESPONSE by Pamela Bondi, Christopher Chestnut, Todd Lyons, Kristi Noem to 2 Motion for Temporary Restraining Order, 4 Minute Order,,,,,,,, 1 Petition for Writ of Habeas Corpus. (Andrews, Anthony) (Entered: 01/19/2026)
Main Document: RESPONSE
#7
Jan 20, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/20/2026: On 1/15/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 ). On the same day, the court issued an order directing respondents to "substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable." (Doc. No. 4 ). In their opposition, respondents concede that "[t]here appears to be no substantive differences that would distinguish this case from other cases the Court has decided, such as Rocha Chavarria." (Doc. No. 6 at 2). Additionally, respondents "do not oppose conversion of any Motion for Temporary Restraining Order to a Motion for Preliminary Injunction." (Id.) Accordingly, for the reasons set forth in Rocha Chavarria, 2025 WL 3533606, at *2-5, the court hereby CONVERTS petitioner's motion for temporary restraining order (Doc. No. 2 ) into a motion for preliminary injunction and GRANTS the motion as follows: (1) Respondents are ORDERED to immediately release petitioner from respondent's custody on the same conditions he was subject to immediately prior to his detention on or about December 10, 2025; (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator where respondents will have the burden to demonstrate that petitioner is a danger to the community or a flight risk. 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 petition for writ of habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Allison Claire for further proceedings. (Deputy Clerk PAB) (Entered: 01/20/2026)
#8
Jan 20, 2026
CERTIFICATE / PROOF of SERVICE by Shahil Mahatara Chhetri. Attorney Adhikari, Laxman added.. Attorney Adhikari, Laxman added as counsel of record. (Adhikari, Laxman) (Entered: 01/20/2026)
Main Document: Certificate / Proof of Service
Jan 20, 2026
Minute Order AND Order on Motion for TRO
#9
Jan 26, 2026
Order
Main Document: Order