Eastern District of California • 1:26-cv-02129
(HC) Torrez Valerio v. Chestnut
Completed
Case Information
Filed: March 17, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 20, 2026
Last Activity:
September 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 17, 2026
PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem by Jose Bismarck Torrez Valerio. (Filing fee $ 5, receipt number ACAEDC-13048475) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 03/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Bismarck Torrez Valerio. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 TRO Checklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 03/17/2026)
Main Document:
Temporary Restraining Order
#3
Mar 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/20/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/17/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Mar 17, 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: 03/17/2026)
Main Document:
CONSENT/DECLINE
#5
Mar 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 17, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion for TRO by March 19, 2027. Any opposition shall indicate whether Respondents oppose converting the motion for TRO into a motion for preliminary injunction and whether Respondents request a hearing on the motion. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). 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."). Petitioner shall serve this Order and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/17/2026)
Mar 17, 2026
Minute Order
#6
Mar 18, 2026
OPPOSITION to 2 Motion for Temporary Restraining Order and RESPONSE to 1 Petition for Writ of Habeas Corpus by Respondents. (Attachments: # 1 Exhibit Form I-213)(Rodriguez, Camilo) Modified on 3/24/2026 (HAH). (Entered: 03/18/2026)
Main Document:
OPPOSITION
#7
Apr 06, 2026
REPLY by Jose Bismarck Torrez Valerio re 6 Opposition. (Salgado, Mario) (Entered: 04/06/2026)
Main Document:
REPLY
#8
Apr 20, 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: 04/20/2026)
Main Document:
CONSENT/DECLINE
#9
May 06, 2026
REQUEST FOR STATUS by Jose Bismarck Torrez Valerio. (Salgado, Mario) (Entered: 05/06/2026)
Main Document:
REQUEST
#10
May 20, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 5/19/2026 GRANTING 1 Petitioner's Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Petitioner Jose Bismarck T.V. [A#246-254-326] from custody under the same conditions prior to his 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 before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the Government's interest in protecting the public and/or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court is directed to serve this order on the California City Detention Center. The Clerk of Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED (cc: California City Detention Facility) (Deputy Clerk LMS) (Entered: 05/20/2026)
#11
May 20, 2026
JUDGMENT dated *5/20/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 5/19/2026. (cc: California City Detention Facility) (Deputy Clerk LMS) (Entered: 05/20/2026)
Main Document:
Judgment
#12
Jun 17, 2026
MOTION for ATTORNEY FEES under EAJA (28 U.S.C. § 2412(d)) by Jose Bismarck Torrez Valerio. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Proposed Order)(Salgado, Mario) (Entered: 06/17/2026)
Main Document:
Attorney Fees
#13
Jun 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 26, 2026: Petitioner's Motion for Attorney Fees (ECF No. 12 ) is hereby REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/26/2026)
Jun 26, 2026
Minute Order
#14
Jul 01, 2026
OPPOSITION by Respondents Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem to 12 Motion for Attorney Fees. (Rodriguez, Camilo) (Entered: 07/01/2026)
Main Document:
OPPOSITION
#15
Jul 04, 2026
REPLY by Jose Bismarck Torrez Valerio re 14 Opposition. (Salgado, Mario) (Entered: 07/04/2026)
Main Document:
REPLY
#16
Aug 25, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 8/25/2026 RECOMMENDING petitioner's 12 motion for the award of attorney's fees be granted; Respondents be ordered to remit to counsel for petitioner's attorney's fees and expenses in the amount of $5,533.13; and this award be made payable to petitioner, but if the Department of the Treasury determines that petitioner does not owe a federal debt, then respondents shall cause the payment of attorney fees and expenses to be made directly to petitioner's counsel. Referred to Judge Troy L. Nunley. Objections to F&R due within 14 days. (Deputy Clerk KLY) (Entered: 08/25/2026)
#17
Sep 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Moises Becerra,Joseph Douglas Harman, GOVT for Pamela Bondi,Joseph Douglas Harman, GOVT for Christopher Chestnut,Joseph Douglas Harman, GOVT for Kristi Noem, attorney Camilo Rodriguez, GOVT terminated (Harman, Joseph) (Entered: 09/02/2026)
Main Document:
DESIGNATION
#18
Sep 02, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 16 by Respondents Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Harman, Joseph) (Entered: 09/02/2026)
Main Document:
Objections to Findings and Recommendations
#19
Sep 09, 2026
REPLY by Jose Bismarck Torrez Valerio re 18 Objections to Findings and Recommendations. (Salgado, Mario) (Entered: 09/09/2026)
Main Document:
REPLY
#20
Sep 22, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 9/21/2026 DOPTING 16 The Findings and Recommendations in full; DENYING Respondents' request that this matter be held in abeyance 18 ; GRANTING 12 Petitioner's Motion for Attorney Fees; Respondents shall remit to counsel for Petitioner attorney's fees and expenses in the amount of $5,533.13; and This award is made payable to Petitioner, but if the Department of the Treasury determines that Petitioner does not owe a federal debt, then Respondents shall cause the payment of attorney's fees and expenses to be made directly to Petitioner's counsel. (cc: Financial Department) (Deputy Clerk LMS)
Parties
Chestnut
Party
(HC) Torrez Valerio
Party