Eastern District of California • 1:26-cv-01472
(HC) Vilcape Garate v. Chestnut
Active
Case Information
Filed: February 20, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
February 25, 2026
Parties:
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Docket Entries
#1
Feb 20, 2026
PETITION for WRIT of HABEAS CORPUS against all Respondents by Mark Leenon Vilcape Garate. (Filing fee $ 5, receipt number ACAEDC-12935120) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Lal, Prerna) Modified on 2/20/2026 (LMS). (Entered: 02/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 20, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#3
Feb 20, 2026
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 20, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 2/20/2026: (Text Only Entry).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 today, 2/20/2026, 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 Monday, 2/23/2025. 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 Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 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 CGH) (Entered: 02/20/2026)
#5
Feb 20, 2026
CERTIFICATE / PROOF of SERVICE by Mark Leenon Vilcape Garate. Attorney Lal, Prerna Preshika added.. Attorney Lal, Prerna Preshika added as counsel of record. (Lal, Prerna) (Entered: 02/20/2026)
Main Document:
Certificate / Proof of Service
#6
Feb 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Pamela Bondi,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Polly Kaiser,Anthony Andrews for Todd M. Lyons,Anthony Andrews for Kristi Noem (Andrews, Anthony) (Entered: 02/20/2026)
Main Document:
DESIGNATION
#7
Feb 20, 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: 02/20/2026)
Main Document:
CONSENT/DECLINE
#8
Feb 20, 2026
RESPONSE by Pamela Bondi, Christopher Chestnut, Polly Kaiser, Todd M. Lyons, Kristi Noem to 4 Minute Order,,,,,,,, 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. (Andrews, Anthony) (Entered: 02/20/2026)
Main Document:
RESPONSE
Feb 20, 2026
Minute Order
#9
Feb 22, 2026
REPLY by Mark Leenon Vilcape Garate re 8 Response. (Lal, Prerna) (Entered: 02/22/2026)
Main Document:
REPLY
#10
Feb 25, 2026
Order AND ~Util - Terminate Civil Case
#11
Feb 25, 2026
Judgment
Main Document:
Judgment
Parties
Chestnut
Party
(HC)Vilcape Garate
Party