Eastern District of California • 1:26-cv-00715

(HC) Balkar v. Chestnut

Completed

Case Information

Filed: January 27, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: March 26, 2026
Last Activity: March 26, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 27, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Balkar Balkar. (Filing fee $ 5, receipt number ACAEDC-12818712) (Attachments: # 1 Civil Cover Sheet)(Ahluwalia, Deepak) (Entered: 01/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Balkar Balkar. (Attachments: # 1 TRO Motion, # 2 Proposed Order, # 3 Affidavit)(Ahluwalia, Deepak) (Entered: 01/27/2026)
Main Document: Temporary Restraining Order
#3
Jan 27, 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: 01/27/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Arelis M. Clemente, GOVT for Pamela Bondi,Arelis M. Clemente, GOVT for Christopher Chestnut,Arelis M. Clemente, GOVT for Jonathan Crawford,Arelis M. Clemente, GOVT for Kristi Noem (Clemente, Arelis) (Entered: 01/27/2026)
Main Document: DESIGNATION
#5
Jan 28, 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. (Clemente, Arelis) (Entered: 01/28/2026)
Main Document: CONSENT/DECLINE
#6
Jan 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 28, 2026: The Court is in receipt of Petitioner's Motion for Temporary Restraining Order. (ECF No. 2 .) In support of his motion, Petitioner submits a brief concerning a different petitioner and respondents not involved in this case. (ECF No. 2 -1.) Because Petitioner fails to submit a brief on the relevant legal issues presented in the instant case (see Local Rule 231(c)), Petitioner's Motion is DENIED without prejudice. (ECF No. 2 .) Petitioner may re-file an amended Motion for Temporary Restraining Order that conforms with the local rules. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/28/2026)
#7
Jan 28, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#8
Jan 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 28, 2026: ORDER FOR IMMEDIATE RELEASE FROM DETENTION FACILITY: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 7 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claim that Respondents violated the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by February 4, 2026. Petitioner may file a reply by February 9, 2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed in this case, on Respondents. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED, (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/28/2026)
Jan 28, 2026
Minute Order AND Order on Motion for TRO
#9
Feb 03, 2026
RESPONSE to 8 ORDER to SHOW CAUSE by Pamela Bondi, Christopher Chestnut, Jonathan Crawford, Kristi Noem. (Clemente, Arelis) (Entered: 02/03/2026)
Main Document: RESPONSE
#10
Mar 26, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
#11
Mar 26, 2026
Judgment
Main Document: Judgment

Parties

Chestnut
Party
(HC) Balkar
Party