Eastern District of California • 1:26-cv-01832

(HC) Claros Nolasco v. Chestnut

Active

Case Information

Filed: March 06, 2026
Assigned to: Troy Lynne Nunley
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: March 11, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 06, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Jose Vicente Claros Nolasco. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Barhoum, Ann) (Entered: 03/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Vicente Claros Nolasco. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Exhibit)(Barhoum, Ann) (Entered: 03/06/2026)
Main Document: Temporary Restraining Order
#3
Mar 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/9/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/06/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Mar 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 6, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order. (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion for Temporary Restraining Order by March 10, 2026. Any response must include Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the motion for TRO. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by March 12, 2026. The parties shall indicate in their briefing whether they are amenable to converting the motion for temporary restraining order into a motion for preliminary injunction. The parties shall also indicate whether they request a hearing on the motion. In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). TODAY, Petitioner's counsel shall serve a copy of this minute order, along with Petitioner's A# and all documents filed in this case to date, on the U.S. Attorney's Office via email at usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/06/2026)
#5
Mar 06, 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: 03/06/2026)
Main Document: CONSENT/DECLINE
#6
Mar 06, 2026
CERTIFICATE / PROOF of SERVICE by Jose Vicente Claros Nolasco. Attorney Barhoum, Ann F. added.. Attorney Barhoum, Ann F. added as counsel of record. (Barhoum, Ann) (Entered: 03/06/2026)
Main Document: Certificate / Proof of Service
Mar 06, 2026
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-13000562. (Barhoum, Ann)
Mar 06, 2026
Minute Order
#7
Mar 07, 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: 03/07/2026)
Main Document: CONSENT/DECLINE
#8
Mar 10, 2026
OPPOSITION by Christopher Chestnut to 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit 1 -- Form I-213, # 2 Exhibit 2 -- Form I-200, # 3 Exhibit 3 -- Notice to Appear, # 4 Exhibit 4 -- Notice of Hearing)(Dextre, Christopher) (Entered: 03/10/2026)
Main Document: Opposition to Motion
#9
Mar 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 11, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents filed an opposition. (ECF No. 8 .) The Court does not need a reply to rule. The Court has reviewed the parties' briefs 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 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. The Court intends to rule on the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Respondents may file any additional responsive papers by March 18, 2026. If no additional briefing is filed, the Court will presume Respondents rest on their papers (ECF No. 8 ). Petitioner may file a reply by March 23, 2026. The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/11/2026)
Mar 11, 2026
Minute Order AND Order on Motion for TRO