Eastern District of California • 1:26-cv-01969
(HC) Marin Cuellar v. Chestnut
Active
Case Information
Filed: March 11, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 11, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pam Bondi, Christopher Chestnut, Todd M. Lyons, Markwayne Mullin by Jose D. Marin Cuellar. (Filing fee $ 5, receipt number ACAEDC-13023405) (Attachments: # 1 Civil Cover Sheet)(Vieira Santanna, Natalia) (Entered: 03/11/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 11, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose D. Marin Cuellar. (Attachments: # 1 checklist, # 2 Proposed Order)(Vieira Santanna, Natalia) (Entered: 03/11/2026)
Main Document:
Temporary Restraining Order
#3
Mar 11, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Jose D. Marin Cuellar for attorney Miluska Zavala More to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13023441) (Vieira Santanna, Natalia) (Entered: 03/11/2026)
Main Document:
Application for Pro Hac Vice and Proposed Order
#4
Mar 12, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/16/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/12/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Mar 12, 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: 03/12/2026)
Main Document:
CONSENT/DECLINE
#6
Mar 12, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/12/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. Respondents shall file any opposition to the 2 motion for temporary restraining order by March 18, 2026. The response shall include all referenced/relevant portions of petitioner's A-File, in addition to all of the following documents if they were provided to petitioner: (1) Form I-862, Notice to Appear; (2) any bond order by an immigration judge; (3) Form I-220A, Order of Release on Recognizance; (4) Form I-286, Notice of Custody Determination; (5) any document authorizing parole; and (6) any and all available records documenting and/or detailing the nature of any alleged violations of supervised release. Petitioner may file a reply by March 20, 2026. The parties shall indicate in their briefing their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction. The parties shall also state whether they request a hearing on the 2 motion. Pending the Court's decision, 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, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (jv) (Entered: 03/12/2026)
Mar 12, 2026
Minute Order
#7
Mar 18, 2026
OPPOSITION by Respondents Sergio Albarran, Pam Bondi, Christopher Chestnut, Todd M. Lyons, Markwayne Mullin to 2 MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Notice of Custody Determination, # 3 Exhibit Bond Order, # 4 Exhibit Appeal Receipt, # 5 Exhibit BIA Stay Order)(Rodriguez, Camilo) (Entered: 03/18/2026)
Main Document:
OPPOSITION
#8
Mar 20, 2026
REPLY by Jose David Marin Cuellar re 7 Opposition,. (Attachments: # 1 Exhibit 1)(Vieira Santanna, Natalia) (Entered: 03/20/2026)
Main Document:
REPLY
Apr 30, 2026
Minute Order
#12
May 07, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/7/2026: (Text Only Entry). The parties indicate that petitioner was re-detained following the Board of Immigration Appeals' (BIA) issuance of a discretionary stay of the bond order. By May 12, 2026, the parties shall file supplemental briefing regarding petitioner's as-applied constitutional challenge to the issuance of the discretionary stay of the bond order. See, e.g., J.M.P. v. Arteta, 807 F. Supp. 3d 265 (S.D.N.Y. 2025). The briefing shall address whether (and when) notice was provided to petitioner of DHS' motion for stay, and what information was provided to the BIA prior the issuance of the stay order. The supplemental filing shall include all referenced/relevant portions of petitioner's A-File, in addition to the following documents: (1) the government's emergency motion for a discretionary stay of the bond order, and (2) any other documents or evidence submitted to the BIA regarding the discretionary stay. Additionally, the parties shall provide the status of the appeal before the BIA. (gm) (Entered: 05/07/2026)
May 07, 2026
Minute Order
#13
May 12, 2026
SUPPLEMENTAL BRIEF filed by Sergio Albarran, Pam Bondi, Christopher Chestnut, Todd M. Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit 1)(Rodriguez, Camilo) (Entered: 05/12/2026)
Main Document:
SUPPLEMENTAL
#14
May 12, 2026
SUPPLEMENT by Jose David Marin Cuellar re 12 Minute Order,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Vieira Santanna, Natalia) (Entered: 05/12/2026)
Main Document:
SUPPLEMENT
Jul 01, 2026
Minute Order
#18
Jul 06, 2026
Judgment AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Terminate Civil Case
Main Document:
Judgment AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Terminate Civil Case
Jul 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 06, 2026
Minute Order AND Order on Application for Pro Hac Vice AND Order on Motion for TRO
Parties
Chestnut
Party
(HC) Marin Cuellar
Party