Eastern District of California • 1:26-cv-01182

(HC) Ortiz-Chavez v. Chestnut

Completed

Case Information

Filed: February 10, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 13, 2026
Last Activity: September 04, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 10, 2026
PETITION for WRIT of HABEAS CORPUS against Tania Vanessa Ortiz Chavez by Tania Vanessa Ortiz Chavez. (Filing fee $ 5, receipt number ACAEDC-12886177) (Cummings, Robert) (Entered: 02/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 10, 2026
CIVIL COVER SHEET filed by Tania Vanessa Ortiz Chavez. (Cummings, Robert) (Entered: 02/10/2026)
Main Document: CIVIL
#3
Feb 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Tania Vanessa Ortiz Chavez. (Cummings, Robert) (Entered: 02/10/2026)
Main Document: Temporary Restraining Order
#4
Feb 10, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/16/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 02/10/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#6
Feb 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Moises Becerra,Anthony Andrews for Pamela Bondi,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Kristi Noem (Andrews, Anthony) (Entered: 02/10/2026)
Main Document: DESIGNATION
#7
Feb 10, 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: 02/10/2026)
Main Document: CONSENT/DECLINE
#8
Feb 10, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 3). Petitioner asserts that she has been detained since June 21, 2025 (Doc. 3 at 3), more than 7 months ago. She does not explain her delay in seeking her request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 30 days. Petitioner may file a traverse no later than 15 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on February 10, 2026. (Deputy Clerk IM) (Entered: 02/10/2026)
Feb 10, 2026
Order on Motion for TRO
#9
Mar 12, 2026
RESPONSE by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem to 1 Petition for Writ of Habeas Corpus, 8 Order on Motion for TRO,,,,,,. (Andrews, Anthony) (Entered: 03/12/2026)
Main Document: RESPONSE
#10
Mar 23, 2026
RESPONSE by Tania Vanessa Ortiz-Chavez to 9 Response. (Cummings, Robert) (Entered: 03/23/2026)
Main Document: RESPONSE
#11
Apr 28, 2026
FINDINGS and RECOMMENDATIONS to Grant in Part and Deny in Part 1 Petition for Writ of Habeas Corpus and Direct Respondents to Provide Petitioner With Bond Hearing signed by Magistrate Judge Stanley A. Boone on 4/28/2026. Referred to Judge Thurston. Objections to F&R due within 14 days. (Deputy Clerk AML) (Entered: 04/28/2026)
Main Document: Findings and Recommendations
#12
May 11, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 11 by Petitioner Tania Vanessa Ortiz-Chavez. (Cummings, Robert) (Entered: 05/11/2026)
Main Document: Objections to Findings and Recommendations
#13
May 12, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 11 by Respondents Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 05/12/2026)
Main Document: Objections to Findings and Recommendations
#14
May 13, 2026
ORDER ADOPTING 11 Findings and Recommendations, GRANTING IN PART Petition for Writ of Habeas Corpus, Directing Respondents to Provide Petitioner with Bond Hearing, and Directing Clerk of Court to Close Case signed by District Judge Jennifer L. Thurston on 5/13/2026. (Deputy Clerk JPX) (Entered: 05/13/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#15
May 13, 2026
JUDGMENT dated *5/13/2026* pursuant to order 14 . (Deputy Clerk JPX) (Entered: 05/13/2026)
Main Document: Judgment
#16
Jun 03, 2026
EX PARTE APPLICATION by Tania Vanessa Ortiz-Chavez for EMERGENCY MOTION TO ENFORCE JUDGMENT, MOTION FOR ORDER TO SHOW CAUSE RE- NONCOMPLIANCE WITH COURT ORDER, AND REQUEST FOR IMMEDIATE RELEASE. (Cummings, Robert) (Entered: 06/03/2026)
Main Document: Ex Parte Application
#17
Jun 04, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed Petitioner's Emergency Motion to Enforce Judgement (Doc. 16.) indicating that she has not received a bond hearing as ordered by this Court on May 13, 2026. (Doc. 14.) Thus, no later than 3pm tomorrow, June 5, 2026, Respondents SHALL file a report indicating that the Petitioner has been provided a bond hearing or explaining why she has not. The Court will presume that the failure to respond as ordered means that the respondents agree that the Court should order them to release the petitioner from custody signed by District Judge Jennifer L. Thurston on June 4, 2026. (Deputy Clerk IM) (Entered: 06/04/2026)
#18
Jun 04, 2026
STATUS REPORT by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 06/04/2026)
Main Document: STATUS
Jun 04, 2026
Minute Order
#19
Jun 05, 2026
MINUTE ORDER (Text Only Entry) On June 4, 2026, Respondents informed the Court that Petitioner in this case received a bond hearing on May 27, 2026. Within 7 days of this order, Petitioner SHALL file a notice addressing why the pending emergency motion to enforce judgement (Doc. 16) should not be denied as moot signed by District Judge Jennifer L. Thurston on June 5, 2026. (Deputy Clerk IM) (Entered: 06/05/2026)
#20
Jun 05, 2026
REPLY by Tania Vanessa Ortiz-Chavez to RESPONSE to 16 Ex Parte Application. (Cummings, Robert) (Entered: 06/05/2026)
Main Document: Reply to Response to Motion
Jun 05, 2026
Minute Order
#21
Jun 08, 2026
MINUTE ORDER (Text Only Entry) On June 5, 2026, Petitioner informed the Court that Petitioner and Petitioner's counsel did not receive 72-hour notice of the scheduled bond hearing that occurred on May 27, 2026, as ordered by this Court. (Doc. 19 at 2.) According to the materials submitted by Respondents, Petitioner received notice of the May 27, 2026, bond hearing on May 15, 2026, well beyond the 72-hour notice requirement. (Doc. 18 at 4.) As to Petitioner's claim that Petitioner's counsel did not receive notice of the bond hearing, the Court requires additional information. Thus, Respondents are ordered to provide the Court with the following materials by no later than June 12, 2026: (1) a complete transcript or audio recording of the hearing before the immigration judge, (2) any documents or records related to Petitioner's counsel's Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28) in this matter, and (3) any other materials related to the immigration judge's written order signed by District Judge Jennifer L. Thurston on June 8, 2026. (Deputy Clerk IM) (Entered: 06/08/2026)
Jun 08, 2026
Minute Order
#22
Jun 10, 2026
NOTICE of Lodging Digital Audio Recording by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 06/10/2026)
Main Document: Notice (Other)
#23
Jun 10, 2026
SUPPLEMENT by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 06/10/2026)
Main Document: SUPPLEMENT
#24
Jun 11, 2026
SUPPLEMENT by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 06/11/2026)
Main Document: SUPPLEMENT
#25
Jun 18, 2026
ORDER GRANTING 16 Petitioner's Motion to Enforce Judgment; and DIRECTING Respondents to Provide New Substantive Bond Hearing, signed by District Judge Jennifer L. Thurston on 6/18/2026. Within 14 days of the date of service of this order, unless Petitioner consents to a later date, Respondents are ordered to provide Petitioner with an individualized bond hearing before an immigration judge that complies with the requirements set forth in Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011), where "the government must prove by clear and convincing evidence that [Petitioner] is a flight risk or a danger to the community to justify denial of bond," id. at 1203. In the event Petitioner is "determined not to be a danger to the community and not to be so great a flight risk as to require detention without bond," the immigration judge should consider Petitioner's financial circumstances and alternative conditions of release. Hernandez v. Sessions, 872 F.3d 976, 1000 (9th Cir. 2017). Prior to the bond hearing, the Petitioner SHALL receive at least 72 hours-notice of the scheduled hearing, SHALL have the right to be represented by counsel at the hearing and SHALL be entitled to appear at the hearing. If his counsel has filed an appearance in the immigration proceedings, Respondents SHALL ensure that counsel receives at least 72 hours-notice of the scheduled hearing. Respondents SHALL file a report with the Court confirming that counsel for Petitioner has received at least 72 hours-notice of the scheduled hearing. (Deputy Clerk OFR) (Entered: 06/18/2026)
Main Document: Order on Ex Parte Application
#26
Jul 01, 2026
STATUS REPORT by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 07/01/2026)
Main Document: STATUS
#27
Jul 02, 2026
REPLY by Tania Vanessa Ortiz-Chavez re 26 Status Report. (Cummings, Robert) (Entered: 07/02/2026)
Main Document: REPLY
#28
Jul 06, 2026
MINUTE ORDER (Text Only Entry) On July 2, 2026, Petitioner's counsel informed the Court that he did not receive at least seventy-two hours' notice of the new bond hearing ordered by this Court on June 18, 2026. (Doc. 27 at 2.) Petitioner is ordered to provide the Court with documentary proof that Petitioner's counsel - Robert G. Cummings - filed a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28) in this matter by no later than July 8, 2026 signed by District Judge Jennifer L. Thurston on July 6, 2026. (Deputy Clerk IM) (Entered: 07/06/2026)
Jul 06, 2026
Minute Order
#29
Jul 10, 2026
MINUTE ORDER (Text Only Entry) Given that counsel for Petitioner failed to respond to this Court's July 2, 2026, Minute Order (Doc. 28) by the required deadline of July 8, 2026, the Court finds that no further action is required in this matter. The case remains CLOSED signed by District Judge Jennifer L. Thurston on July 10, 2026. (Deputy Clerk IM) (Entered: 07/10/2026)
Jul 10, 2026
Minute Order
#30
Jul 31, 2026
MOTION to REOPEN CASE PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO FED. R. CIV. P. 60(b)(1), 60(b)(3), AND 60(b)(6), TO REOPEN CASE, ENFORCE THE COURT'S MAY 13, 2026, JUDGMENT, AND FOR IMMEDIATE RELEASE I. by Tania Vanessa Ortiz-Chavez. (Cummings, Robert) (Entered: 07/31/2026)
Main Document: Reopen Case
#31
Aug 03, 2026
MINUTE ORDER (Text Only Entry) On July 2, 2026, Petitioner's counsel informed the Court that he did not receive at least seventy-two hours' notice of the new bond hearing ordered by this Court on June 18, 2026. (Doc. 27 at 2.) On July 6, 2026, the Court ordered Petitioner to provide the Court with documentary proof that Petitioner's counsel - Robert G. Cummings - filed a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28) by no later than July 8, 2026. (Doc. 28.) Petitioner did not timely respond to the Minute Order and the Court declined to take any further action. (Doc. 29.) On July 31, 2026, Petitioner's counsel informed the Court that he filed a Form EOIR-28 on June 22, 2026, nine days before the July 1, 2026, bond hearing. (Doc. 30 at 2.) Thus, Respondents are ordered to provide the Court with the following materials by no later than August 7, 2026: (1) a complete transcript or audio recording of the July 1, 2026, hearing before the immigration judge, (2) any documents or records related to Petitioner's counsel's Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28) in this matter, (3) any written notice of the July 1, 2026, bond hearing provided to Petitioner or Petitioner's counsel, and (4) any other materials related to the immigration judge's written order signed by District Judge Jennifer L. Thurston on August 3, 2026. (Deputy Clerk IM) (Entered: 08/03/2026)
Aug 03, 2026
Minute Order
#32
Aug 10, 2026
MOTION for EXTENSION OF TIME to Respond to Court Order re 31 Minute Order,,,,,, by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. Attorney Weger, Shelley D. added. (Attachments: # 1 Proposed Order, # 2 Exhibit Bond Order)(Weger, Shelley) (Entered: 08/10/2026)
Main Document: Extension of Time
#33
Aug 10, 2026
DIGITAL AUDIO RECORDING of Custody Redetermination Hearing filed by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem re 31, 32 . Date & Time 07012026 09:00, Duration 00:13:02. File size [6.3 MB]. (Weger, Shelley) (Entered: 08/10/2026)
Main Document: DIGITAL
#34
Aug 12, 2026
RESPONSE by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem to 31 Minute Order,,,,,,. (Attachments: # 1 Declaration, # 2 Exhibit 1 (order), # 3 2 (notice of hearing), # 4 3 (motion to withdraw as counsel), # 5 4 (order permitting withdraw), # 6 Exhibit 5 (original EOIR-28))(Weger, Shelley) (Entered: 08/12/2026)
Main Document: RESPONSE
#35
Aug 19, 2026
ORDER for Supplemental Briefing signed by District Judge Jennifer L. Thurston on 8/19/2026. (Deputy Clerk SSA) (Entered: 08/19/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#36
Aug 20, 2026
STATUS REPORT by Tania Vanessa Ortiz-Chavez. (Cummings, Robert) (Entered: 08/20/2026)
Main Document: STATUS
#37
Aug 24, 2026
ORDER DIRECTING Respondents to Provide New Substantive Bond Hearing, signed by District Judge Jennifer L. Thurston on 8/21/2026. Within 14 days of the date of service of this order, unless Petitioner consents to a later date, Respondents are ordered to provide Petitioner with an individualized bond hearing before an immigration judge that complies with the requirements set forth in Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011), where "the government must prove by clear and convincing evidence that [Petitioner] is a flight risk or a danger to the community to justify denial of bond," id. at 1203. In the event Petitioner is "determined not to be a danger to the community and not to be so great a flight risk as to require detention without bond," the immigration judge should consider Petitioner's financial circumstances and alternative conditions of release. Hernandez v. Sessions, 872 F.3d 976, 1000 (9th Cir. 2017). Within 48 hours of this order, Petitioner's counsel, Robert G. Cummings, SHALL submit a new Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28) and file a copy of such appearance with this Court alongside proof of service to the assigned Assistant U.S. Attorney in this case. Prior to the bond hearing, Respondents SHALL provide at least 72 hours' notice of the scheduled hearing to Petitioner and her counsel, Robert G. Cummings. In addition to any notice provided through EOIR, the assigned Assistant U.S. Attorney in this case SHALL provide notice of the scheduled bond hearing to Mr. Cummings at least 72 hours' prior to bond hearing. Respondents SHALL file a report with the Court confirming that counsel for Petitioner has received at least 72 hours-notice of the scheduled hearing. (Deputy Clerk OFR) (Entered: 08/24/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - 1 Terminate Deadlines and Hearings
#38
Aug 24, 2026
Notice of Compliance
Main Document: Notice of Compliance
#39
Aug 25, 2026
STATUS REPORT by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 08/25/2026)
Main Document: STATUS
#40
Sep 04, 2026
STATUS REPORT by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 09/04/2026)
Main Document: STATUS

Parties

Chestnut
Party
(HC) Ortiz-Chavez
Party