Eastern District of California • 1:26-cv-00626

(HC) Vargas Monsalve v. Chestnut

Active

Case Information

Filed: January 26, 2026
Assigned to: Dale Alan Drozd
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: January 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 26, 2026
PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem by Andres Felipe Vargas Monsalve. (Filing fee $ 5, receipt number ACAEDC-12808764) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 01/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 26, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Andres Felipe Vargas Monsalve. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 TRO Checklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 01/26/2026)
Main Document: Temporary Restraining Order
#3
Jan 26, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due by 3/2/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 01/26/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 26, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/26/2026: Pending the issuance of the court's 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, 1/27/2026, 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 Wednesday, 1/28/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 01/26/2026)
#5
Jan 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Brittany Gunter for Moises Becerra,Brittany Gunter for Pamela Bondi,Brittany Gunter for Christopher Chestnut,Brittany Gunter for Kristi Noem (Gunter, Brittany) (Entered: 01/26/2026)
Main Document: DESIGNATION
#6
Jan 26, 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. (Gunter, Brittany) (Entered: 01/26/2026)
Main Document: CONSENT/DECLINE
#7
Jan 26, 2026
CERTIFICATE / PROOF of SERVICE by Andres Felipe Vargas Monsalve re 4 Minute Order,,,,,,,,,. (Salgado, Mario) (Entered: 01/26/2026)
Main Document: Certificate / Proof of Service
Jan 26, 2026
Minute Order
#8
Jan 28, 2026
Opposition to Motion
Main Document: Opposition to Motion
#9
Jan 29, 2026
Reply to Response to Motion
Main Document: Reply to Response to Motion
#10
Jan 29, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#11
Jan 29, 2026
Judgment
Main Document: Judgment

Parties

Chestnut
Party
(HC) Vargas Monsalve
Party