Eastern District of California • 1:26-cv-01652
(HC)Afghan v. Chestnut
Active
Case Information
Filed: February 27, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
February 27, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 27, 2026
PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem by Mohammad Asif Afghan. (Filing fee $ 5, receipt number ACAEDC-12968795) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 02/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Mohammad Asif Afghan. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 TROChecklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 02/27/2026)
Main Document:
Temporary Restraining Order
#3
Feb 27, 2026
ORDER RE CONSENT ISSUED. (Deputy Clerk SSA) (Entered: 02/27/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 27, 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: 02/27/2026)
Main Document:
CONSENT/DECLINE
#5
Feb 27, 2026
MINUTE ORDER (Text Entry Only) ORDER DENYING TRO AND SETTING BRIEFING SCHEDULE; ORDER PREVENTING REMOVAL OR TRANSFER PENDING FURTHER COURT ORDERThe Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 2 ). Petitioner asserts he has been detained since December 2, 2025, almost three months ago. Petitioner attempts to address the delayed request for a temporary restraining order by explaining that Petitioner has experienced language barriers and difficulty finding legal representation. However, similar barriers are experienced by numerous other petitioners seeking relief from this court. Thus, the record does not justify treating this case as an emergency that must be handled on shortened time ahead of other petitions. Therefore, the TRO request is untimely, and it is DENIED.See 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 21 days. Therein, Respondents are directed to address whether this case is distinguishable from the numerous cases in which this Court has granted habeas relief and SHALL provide the Court with copies of any portions of Petitioner's A-File or related supervision records Respondents rely upon. Petitioner may file a traverse no later than 15 days after 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 exigent 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 preliminary relief. No later than March 3, 2026, to the extent not already accomplished, Petitioner is directed: (1) to serve Respondents with a copy of the Petition, along with a copy of this Order, by e-mail (noting Petitioner's name and A-File number in the memo line) to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on February 27, 2026. (Deputy Clerk IM) (Entered: 02/27/2026)
#6
Feb 27, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Feb 27, 2026
Order on Motion for TRO
Parties
Chestnut
Party
(HC)Afghan
Party