Eastern District of California • 1:26-cv-01191

(HC) Alvarez Tamay v. Chestnut

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Case Information

Filed: February 10, 2026
Assigned to: Troy Lynne Nunley
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: March 30, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 10, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Christopher Chestnut, Kristi Noem by Manuel Taquino Alvarez Tamay. (Filing fee $ 5, receipt number ACAEDC-12888228) (Attachments: # 1 Exhibit Form I213, # 2 Exhibit Notice to Appear, # 3 Civil Cover Sheet)(Loveman, Ben) (Entered: 02/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 11, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/16/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 02/11/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Feb 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Sergio Albarran,Jonathan Williams, GOVT for Pamela Bondi,Jonathan Williams, GOVT for Christopher Chestnut,Jonathan Williams, GOVT for Kristi Noem (Williams, Jonathan) (Entered: 02/11/2026)
Main Document: DESIGNATION
#4
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
#5
Feb 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 11, 2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Respondents to immediately release Petitioner. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file and serve the motion on Respondents at usacae.ecf2241-imm@usdoj.gov as soon as possible and no later than February 13, 2026. If Petitioner does not intend to file a TRO, Petitioner shall notify the Court immediately at mkrueger@caed.uscourts.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/11/2026)
Feb 11, 2026
Minute Order
#6
Feb 15, 2026
Application for Pro Hac Vice and Proposed Order
Main Document: Application for Pro Hac Vice and Proposed Order
#7
Feb 15, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#8
Feb 17, 2026
Order on Application for Pro Hac Vice
Main Document: Order on Application for Pro Hac Vice
#9
Feb 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 17, 2026: 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 claims that Respondents violated the Immigration and Nationality Act and/or 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 20, 2026. Petitioner may file a reply by February 25, 2026. The parties shall indicate whether they waive a hearing. 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: 02/17/2026)
#10
Feb 17, 2026
RESPONSE to 9 ORDER to SHOW CAUSE by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Williams, Jonathan) (Entered: 02/17/2026)
Main Document: RESPONSE
Feb 17, 2026
Minute Order AND Order on Motion for TRO
#11
Mar 30, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
#12
Mar 30, 2026
Judgment
Main Document: Judgment

Parties

Chestnut
Party
(HC) Alvarez Tamay
Party