Eastern District of California • 1:26-cv-02552

(HC) Parada Calderon v. Chestnut

Active

Case Information

Filed: April 03, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 30, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 03, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Alfredo Parada Calderon. (Filing fee $ 5, receipt number ACAEDC-13135833) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O) (Beier, Genna) Modified on 4/8/2026 (KS). (Entered: 04/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 03, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/7/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 04/03/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#3
Apr 03, 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: 04/03/2026)
Main Document: CONSENT/DECLINE
#4
Apr 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 6, 2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Petitioner's immediate release. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file the motion as soon as possible and no later than two (2) court days from the date of this order. If Petitioner does not intend to file a TRO, Petitioner shall notify the Court immediately at mkrueger@caed.uscourts.gov. Pending the Court's ruling on the petition, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (acknowledging the 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 MDK) (Entered: 04/06/2026)
#5
Apr 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 6, 2026: The Court has been informed that Petitioner does not seek a temporary restraining order at this time. This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/06/2026)
Apr 06, 2026
Minute Order
#6
Apr 07, 2026
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 4/7/2026. Parties must review this MINUTE ORDER Document, which is a scheduling order. (1) Respondents are directed to file an answer or motion to dismiss within 7 days from the date of this order. (2) Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 7 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondent to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. (3) The Courtroom Deputy will serve a copy of the petition and this order on the United States Attorney via email usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk AW) (Entered: 04/07/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Apr 14, 2026
MOTION to DISMISS by All Respondents. Attorney Yu, Jonathan added. (Yu, Jonathan) Modified on 4/21/2026 (KS). (Entered: 04/14/2026)
Main Document: MOTION
#8
Apr 21, 2026
OPPOSITION to 7 Motion to Dismiss and TRAVERSE by Alfredo Parada Calderon . (Beier, Genna) Modified on 4/23/2026 (HAH). (Entered: 04/21/2026)
Main Document: Opposition to Motion
#9
Jul 01, 2026
STATEMENT of Supplemental Authority Pursuant to LR 230(m) filed by Petitioner Alfredo Parada Calderon. (Beier, Genna) (Entered: 07/01/2026)
Main Document: STATEMENT
#10
Jul 06, 2026
NOTICE of APPEARANCE by Sean Lai McMahon on behalf of Alfredo Parada Calderon. Attorney McMahon, Sean Lai added. (McMahon, Sean) (Entered: 07/06/2026)
Main Document: Notice of Appearance
#11
Jul 08, 2026
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 7/8/2026: The record currently before the Court is not sufficient to determine the issues presented. The parties have raised the issue regarding whether this current habeas petition is duplicative of a prior petition filed in Petitioner's Western District of Washington case, No. 2:24-cv-01619-MJP-GJL (W.D. Wash.). Petitioner is ordered to file a copy of his habeas petition filed in his Western District of Washington case by 10:00 a.m. on July 9, 2026. (Text Only Entry) (Deputy Clerk AW) (Entered: 07/08/2026)
#12
Jul 08, 2026
RESPONSE to 11 Minute Order by Alfredo Parada Calderon. (Beier, Genna) Modified on 7/14/2026 (KS). (Entered: 07/08/2026)
Main Document: RESPONSE
Jul 08, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Jul 24, 2026
[DISREGARD SEE ECF NO. 14] STATEMENT of Supplemental Authorities Pursuant to LR 230(m) filed by Petitioner Alfredo Parada Calderon. (Beier, Genna) Modified on 7/27/2026 (AW). (Entered: 07/24/2026)
Main Document: [DISREGARD
#14
Jul 24, 2026
AMENDED DOCUMENT by Alfredo Parada Calderon: Amended 13 Statement. (Beier, Genna) (Entered: 07/24/2026)
Main Document: AMENDED
#15
Aug 06, 2026
STATEMENT of Supplemental Authority Pursuant to LR 230(m) filed by Petitioner Alfredo Parada Calderon. (Beier, Genna) (Entered: 08/06/2026)
Main Document: STATEMENT
#16
Aug 31, 2026
NOTICE of SUPPLEMENTAL AUTHORITY filed by Petitioner Alfredo Parada Calderon. (Beier, Genna) Modified on 9/3/2026 (KS). (Entered: 08/31/2026)
Main Document: NOTICE
#17
Sep 03, 2026
NOTICE of SUPPLEMENTAL AUTHORITIES filed by Petitioner Alfredo Parada Calderon. (Beier, Genna) Modified on 9/8/2026 (KS). (Entered: 09/03/2026)
Main Document: NOTICE
#18
Sep 07, 2026
STATEMENT of Supplemental Authority filed by Petitioner Alfredo Parada Calderon. (Beier, Genna) (Entered: 09/07/2026)
Main Document: STATEMENT
#19
Sep 14, 2026
APPLICATION for District Judge Retention under L.R. 302(d) filed by Petitioner Alfredo Parada Calderon. (Beier, Genna) Modified on 9/16/2026 (HAH). (Entered: 09/14/2026)
Main Document: APPLICATION
#20
Sep 18, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 09/18/2026 DENYING Petitioner's 19 Motion for the District Judge to Retain Jurisdiction Over the Petition as moot. By close of business on 9/28/2026, the parties must meet and confer, and file a joint statement with proposed release conditions for the district judge's consideration. The submission of proposed release conditions by the government will not be interpreted as agreement with or non-opposition to these findings and recommendations, which the government may separately submit as indicated. It is RECOMMENDED that: Respondent's 7 Motion to Dismiss be denied; The 1 Petition for Writ of Habeas Corpus be granted; Respondents be ordered to immediately release Petitioner Alfredo Parada Calderon (A# 092-078-794), upon conditions to be determined by the district judge after the parties submit their proposed release conditions. Respondents shall be prepared to release Petitioner within 12 hours after submission of the joint statement of proposed conditions, or as soon thereafter as ordered by the district judge; Respondents be enjoined and restrained from re-arresting or re-detaining Petitioner absent compliance with statutory and constitutional protects; and that the Clerk be directed to enter judgment in favor of Petitioner and close this case. Referred to Judge Troy L. Nunley. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS) (Entered: 09/18/2026)
Main Document: Findings and Recommendations AND Order AND Order on Application
#21
Sep 22, 2026
JOINT STATEMENT of Proposed Conditions of Release filed by Petitioner Alfredo Parada Calderon re 20 Findings and Recommendations (Motion),,,,,,, Order,,,,,,, Order on Application,,,,,,. (Beier, Genna) (Entered: 09/22/2026)
Main Document: JOINT
#22
Sep 25, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 20 by Respondents Sergio Albarran, Todd Blanche, Christopher Chestnut, Todd M. Lyons, Markwayne Mullin. (Yu, Jonathan) (Entered: 09/25/2026)
Main Document: Objections to Findings and Recommendations
#25
Sep 30, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 9/29/2026 ADOPTING the 20 findings and recommendations in full, DENYING Respondents' 7 motion to dismiss, and GRANTING the 1 petition for writ of habeas corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Alfredo P.C. (A# 092-078-794) upon the following conditions of release, as outlined in ECF No. 1 -6 at 100-103 (Release Plan) and 147-54 (CDCR Conditions of Parole): a) Upon release, Peti tioner will report within one business day to CDCR, LA Central 3 Parole Unit, located at 2444 South Alameda Street, Los Angeles, CA, 90058, Phone: 323-238-1700. He will report to the Officer of the Day. (ECF No. 1 -6 at 147, 152.) b) Petitioner w ill be required by CDCR to participate in a Transitional Housing Program ("THP") for six months. (ECF No. 1 -6 at 149.) Petitioner will be assigned an appropriate THP by his Parole Officer. c) At the conclusion of his participation in THP, Petitioner will seek CDCR approval for placement with his brother. (ECF No. 1 -6 at 101.) d) Petitioner must not violate any federal, state, or local law. (ECF No. 1 -6 at 147.) e) Petitioner shall report any change or anticipated change to his residence in advance to his Parole Officer. (ECF No. 1-6 at 147.) f) Petitioner shall inform his Parole Officer within 72 hours of any change to his employment location, employer or termination of employment. (ECF No. 1 -6 at 147.) g) Peti tioner shall not travel more than 50 miles from his residence or leave California without prior approval from his Parole Officer. (ECF No. 1 -6 at 147.) h) Petitioner shall attend all immigration court hearings. i) Petitioner shall attend annual check-ins at ICE Enforcement and Removal Operations ("ERO"), 300 North Los Angeles St., Room 7631, Los Angeles, CA 90012. j) Respondents shall promptly return all property and identity documents to Mr. Parada Calderon upon his release fro m their custody. k) Respondents shall not impose the Intensive Supervision Appearance Program ("ISAP"), nor shall they require Petitioner to wear a GPS ankle monitor. l) Respondents may not re-detain Petitioner without first providing not ice and a pre-deprivation hearing before a neutral decisionmaker at which Respondents bear the burden to establish, by clear and convincing evidence, that Petitioner poses a current danger or flight risk. At any such hearing, Petitioner shall be allo wed to have counsel present. Respondents are further ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226, absent compliance with constitutional protections, including a minimum of seven-days� 39; notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings out weighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of the Court is directed serve California City Detention Facility with a copy of this Order, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss
#26
Sep 30, 2026
Judgment
Main Document: Judgment