Eastern District of California • 1:26-cv-01798
(HC) Avila Ortega v. Chestnut
Active
Case Information
Filed: March 05, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
March 09, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 05, 2026
PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem by Manuel Vicente Avila Ortega. (Filing fee $ 5, receipt number ACAEDC-12996465) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 03/05/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 05, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Manuel Vicente Avila Ortega. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 TROChecklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 03/05/2026)
Main Document:
Temporary Restraining Order
#3
Mar 05, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/9/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 03/05/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 05, 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: 03/05/2026)
Main Document:
CONSENT/DECLINE
#5
Mar 05, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/5/2026: 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 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 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. Counsel for petitioner has indicated that counsel has served respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Accordingly, counsel for respondents shall promptly enter Notices of Appearance and file a written opposition to the pending 2 motion for temporary restraining order by tomorrow, 3/6/2026, by 5 PM. 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 and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk JRM) (Entered: 03/05/2026)
#6
Mar 05, 2026
CERTIFICATE / PROOF of SERVICE by Manuel Vicente Avila Ortega. (Salgado, Mario) (Entered: 03/05/2026)
Main Document:
Certificate / Proof of Service
Mar 05, 2026
Minute Order
#7
Mar 06, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#8
Mar 09, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#9
Mar 09, 2026
Judgment
Main Document:
Judgment
Parties
Chestnut
Party
(HC) Avila Ortega
Party