Eastern District of California • 1:26-cv-01085

(HC) Osorio Ortega v. Chestnut

Active

Case Information

Filed: February 08, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: May 29, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 08, 2026
PETITION for WRIT of HABEAS CORPUS against all Respondents by Simon Jose Manuel Osorio Ortega. (Filing fee $ 5, receipt number ACAEDC-12873615) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Venezuelan Passport, # 3 Exhibit ICE Detainee Locator, # 4 Exhibit USCIS Account Summary (TPS), # 5 Exhibit TPS Approval Notices Since 2021, # 6 Exhibit AUSA Email Declining Immediate Release Evaluation, # 7 Exhibit TRO Grant for Similar Case)(Bautista, Cynthia) (Entered: 02/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 08, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Simon Jose Manuel Osorio Ortega for attorney Marlon Bayas to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12873631) (Attachments: # 1 Exhibit Certificate of Good Standing) (Bautista, Cynthia) (Entered: 02/08/2026)
Main Document: Application for Pro Hac Vice and Proposed Order
#3
Feb 09, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/16/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KEZ) (Entered: 02/09/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Feb 09, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Arelis M. Clemente, GOVT for Sergio Albarran,Arelis M. Clemente, GOVT for Pamela Jo Bondi,Arelis M. Clemente, GOVT for Christopher Chestnut,Arelis M. Clemente, GOVT for Todd Lyons,Arelis M. Clemente, GOVT for Kristi Noem (Clemente, Arelis) (Entered: 02/09/2026)
Main Document: DESIGNATION
#5
Feb 09, 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: 02/09/2026)
Main Document: CONSENT/DECLINE
#6
Feb 10, 2026
Order on Application for Pro Hac Vice
Main Document: Order on Application for Pro Hac Vice
#7
Feb 11, 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: 02/11/2026)
Main Document: CONSENT/DECLINE
#8
Feb 11, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#9
Feb 11, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 2/11/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 8 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count Two of the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 8 Motion for Temporary Restraining Order by 12:00 PM on 2/13/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior Orders listed above. In addition, as to Count One of the Petition, Respondents shall address why Petitioner's detention is not unlawful under 8 U.S.C. 1254a(d)(4) in light of the Ninth Circuit's recent decision in Nat'l TPS All. v. Noem, No. 25-5724, 2026 WL 226573, at *16-18 (9th Cir. Jan. 28, 2026), which affirmed a District Court's finding that Respondent Secretary Noem exceeded her statutory authority by revoking Temporary Protected Statues protections for Venezuelans. Petitioner may file a Reply by 2/17/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 02/11/2026)
#10
Feb 11, 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: 02/11/2026)
Main Document: CONSENT/DECLINE
Feb 11, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#11
Feb 13, 2026
Opposition to Motion
Main Document: Opposition to Motion
#12
Feb 17, 2026
TRAVERSE and OPPOSITION to 11 Motion to Dismiss by Simon Jose Manuel Osorio Ortega. (Bayas, Marlon) Modified on 2/20/2026 (KS). (Entered: 02/17/2026)
Main Document: TRAVERSE
#13
Feb 26, 2026
Order AND Order on Motion for TRO
Main Document: Order AND Order on Motion for TRO
#14
May 01, 2026
Findings and Recommendations AND Order
Main Document: Findings and Recommendations AND Order
#15
May 08, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#16
May 29, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss
#17
May 29, 2026
Judgment
Main Document: Judgment

Parties

Chestnut
Party
(HC) Osorio Ortega
Party