Active
Case Information
Filed: March 12, 2026
Assigned to:
Kirk E. Sherriff
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:
June 18, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 12, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting Secretary, United States Department of Homeland Security, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Christopher Chestnut, Warden of the California City Detention Facility, Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement by Xiaolong Chen. (Deputy Clerk EF) (Entered: 03/13/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 12, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Xiaolong Chen. (Deputy Clerk EF) (Entered: 03/13/2026)
Main Document:
In Forma Pauperis
#3
Mar 12, 2026
MOTION to APPOINT COUNSEL by Xiaolong Chen. (Deputy Clerk EF) (Entered: 03/13/2026)
Main Document:
Appoint Counsel
#4
Mar 13, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/16/2026. (Attachments: # 1 Consent Form) (Deputy Clerk EF) (Entered: 03/13/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Mar 13, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Xiaolong Chen signed by Magistrate Judge Erica P. Grosjean on 03/13/2026. (Deputy Clerk EF) (Entered: 03/13/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Mar 13, 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: 03/13/2026)
Main Document:
CONSENT/DECLINE
Mar 13, 2026
Service by Mail
Mar 13, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Xiaolong Chen. (Deputy Clerk EF)
#7
Mar 16, 2026
06 - HC/Order Requiring Respondent to File a Response
Main Document:
06 - HC/Order Requiring Respondent to File a Response
#8
Mar 16, 2026
DOCUMENT(S) SERVED ELECTRONICALLY: 1 Petition for Writ of Habeas Corpus served on United States Attorney's Office. (Deputy Clerk AML) (Entered: 03/16/2026)
Mar 16, 2026
Service by Mail
Mar 16, 2026
SERVICE BY MAIL: 7 Order Directing Respondent to File a Response to the Petition served on Xiaolong Chen. (Deputy Clerk AML)
#9
Mar 17, 2026
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on March 17, 2026: Pending the Court's decision on the petition, 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"). (Text Only Entry) (Deputy Clerk FMN) (Entered: 03/17/2026)
Mar 17, 2026
SERVICE BY MAIL: 9 Minute Order, served on Xiaolong Chen. (Deputy Clerk FMN)
Mar 17, 2026
Service by Mail
Mar 17, 2026
Minute Order
#10
Mar 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Christopher Chestnut,Anthony Andrews for Current or Acting Director, United States Immigration and Customs Enforcement,Anthony Andrews for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Anthony Andrews for Current or Acting Secretary, United States Department of Homeland Security,Anthony Andrews for Current or Acting United States Attorney General,Anthony Andrews for Warden of the California City Detention Facility, attorney Christopher William Dextre, GOVT terminated (Andrews, Anthony) (Entered: 03/18/2026)
Main Document:
DESIGNATION
#11
Mar 26, 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. (Deputy Clerk SSA) (Entered: 03/26/2026)
Main Document:
CONSENT/DECLINE
#12
Mar 30, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#13
Apr 20, 2026
REPLY to 12 Answer to Petition for Writ of Habeas Corpus by Xiaolong Chen. (Deputy Clerk SSA) (Entered: 04/21/2026)
Main Document:
REPLY
#14
Jun 04, 2026
Findings and Recommendations AND Order on Motion to Appoint Counsel
Jun 04, 2026
Service by Mail
Jun 04, 2026
SERVICE BY MAIL: 14 Findings and Recommendations (Motion), served on Xiaolong Chen. (Deputy Clerk JPX)
#15
Jun 10, 2026
Dismiss
Main Document:
Dismiss
#16
Jun 10, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#18
Jun 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Xiaolong Chen. (Deputy Clerk JPX) (Entered: 06/11/2026)
Main Document:
Temporary Restraining Order
#17
Jun 11, 2026
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on June 11, 2026: In light of the final order of removal (ECF No. 15 at 5-8), the Court's order prohibiting Petitioner's transfer (ECF No. 9 ) is VACATED. (Text Only Entry) (Deputy Clerk FMN) (Entered: 06/11/2026)
Jun 11, 2026
SERVICE BY MAIL: 17 Minute Order, served on Xiaolong Chen. (Deputy Clerk FMN)
Jun 11, 2026
Minute Order
Jun 11, 2026
Service by Mail
#19
Jun 12, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#20
Jun 15, 2026
LETTER from Xiaolong Chen. (Deputy Clerk LJB) (Entered: 06/16/2026)
Main Document:
LETTER
#21
Jun 18, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#22
Jun 18, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/18/2026: (Text Only Entry). On June 4, 2026, the magistrate judge issued 14 findings and recommendations that recommend granting the petition for writ of habeas corpus and ordering that respondents provide petitioner with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a). On the same day, in petitioner's immigration proceedings, an immigration judge ordered petitioner removed. Both petitioner and the Department of Homeland Security waived appeal and the order of removal became final on June 4, 2026. Respondents notified the Court of those developments on June 10, 2026. Also on June 10, 2026, petitioner filed a 18 motion for temporary restraining order requesting a stay of his removal pending the court's review of the findings and recommendations, in which he indicates that he would not have waived appeal in his immigration proceedings had he known that in the present case the magistrate judge had issued findings and recommendations recommending that his petition seeking a bond hearing be granted. On June 15, 2026, petitioner submitted a further filing restating his request. The petition in this case challenges petitioner's detention under § 1226(a), but, as petitioner is now subject to a final order of removal, the detention authority has shifted to § 1231 and petitioner has been detained under 8 U.S.C. § 1231(a) for a period less than 90 days. Given this change in status, the court declines to adopt the 14 findings and recommendations and denies the 18 motion for temporary restraining order. To the extent petitioner's filings imply that he seeks to withdraw his waiver of his appeal and/or reopen his removal proceedings in his immigration case, petitioner must seek such relief from the immigration court. The parties shall file a status report within thirty (30) days stating whether petitioner has sought such relief and, if so, whether it was granted or whether the petitioner remains subject to a final order of removal. (Deputy Clerk VMG) (Entered: 06/18/2026)
Jun 18, 2026
Service by Mail
Jun 18, 2026
Minute Order
Jun 18, 2026
SERVICE BY MAIL: 22 Minute Order, served on Xiaolong Chen. (Deputy Clerk VMG)
Parties
Party
Party
Attorney
Attorney
Attorney
Attorney
Firm