Eastern District of California • 1:26-cv-02294
(HC) Aguilar Hernandez v. Chestnut
Active
Case Information
Filed: March 24, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 29, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 24, 2026
PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem by Jose Luis Aguilar Hernandez. (Filing fee $ 5, receipt number ACAEDC-13083259) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 03/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Luis Aguilar Hernandez. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 TRO Checklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 03/24/2026)
Main Document:
Temporary Restraining Order
#3
Mar 24, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/27/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/24/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 24, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File # 244-428-309) asserts that he has been detained since January 22, 2026 (Doc. 2-1 at 3), about 60 days ago. He does not explain his delay in seeking his request for a temporary restraining order, even considering his illness while held in Baltimore and his travel time to reach his current location. Likewise, he does not explain why despite his delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on March 24, 2026. (Deputy Clerk IM) (Entered: 03/24/2026)
Mar 24, 2026
Order on Motion for TRO
#5
Mar 25, 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: 03/25/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 14, 2026
RESPONSE to 4 ORDER to SHOW CAUSE by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Andrews, Anthony) (Entered: 04/14/2026)
Main Document:
RESPONSE
#9
May 13, 2026
FINDINGS and RECOMMENDATIONS to Grant Petition for Writ of Habeas Corpus and Direct Respondents to Immediately Release Petitioner, signed by Magistrate Judge Stanley A. Boone on 5/13/2026. Objections to F&R due within 14-days. (Deputy Clerk CRM)
#10
May 27, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#11
May 29, 2026
ORDER ADOPTING 9 Findings and Recommendations, GRANTING the 1 Petition for Writ of Habeas Corpus, DIRECTING Respondents to Immediately Release Petitioner, and DIRECTING Clerk of Court to Close Case, signed by District Judge Jennifer L. Thurston on 5/29/2026. Respondents be directed to IMMEDIATELY RELEASE Petitioner without imposing any additional restrictions on him, such as electronic monitoring, unless that is determined to be necessary at a later custody hearing. Respondents are < b>ENJOINED AND RESTRAINED from re-detaining Petitioner unless the government provides notice to Petitioner a minimum of seven days in advance and holds a bond hearing before a neutral arbiter at which Petitioner's eligibility for bond must be considered, and where the government must demonstrate by clear and convincing evidence that Petitioner is a flight risk or danger to the community, such that physical custody is legally justified. CASE CLOSED. (Deputy Clerk OFR)
#12
May 29, 2026
Judgment
Main Document:
Judgment
Parties
Chestnut
Party
(HC) Aguilar Hernandez
Party