Eastern District of California • 1:26-cv-02613
(HC) Gunes v. Chestnut
Active
Case Information
Filed: April 07, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
May 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 07, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Beritan Gunes. (Filing fee $ 5, receipt number ACAEDC-13148558) (Attachments: # 1 Exhibit, # 2 Exhibit)(Beles, Robert) (Entered: 04/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Beritan Gunes. (Beles, Robert) (Entered: 04/07/2026)
Main Document:
Temporary Restraining Order
#3
Apr 07, 2026
CIVIL COVER SHEET filed by Beritan Gunes. (Beles, Robert) (Entered: 04/07/2026)
Main Document:
CIVIL
#4
Apr 07, 2026
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 07, 2026
CERTIFICATE / PROOF of SERVICE by Beritan Gunes re 2 MOTION for TEMPORARY RESTRAINING ORDER, 3 Civil Cover Sheet, 1 Petition for Writ of Habeas Corpus. (Beles, Robert) (Entered: 04/07/2026)
Main Document:
Certificate / Proof of Service
#6
Apr 07, 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: 04/07/2026)
Main Document:
CONSENT/DECLINE
#7
Apr 07, 2026
MINUTE ORDER (Text Only Entry).The Court has read and considered Petitioner's request for temporary restraining order (Doc. 2). Petitioner (A File # 240-892-732) has been held in custody since August 19, 2025 (Doc. 2 at 3). This is her second petition, though this is the first in this case number. On February 23, 2026, the Court granted her TRO and ordered that she receive a bond hearing (Case 1:26-cv-00080 JLT SAB; Doc. 13). She reports that she was given the bond hearing. (Doc. 2 at 6) The IJ found that she posed a flight risk and ordered her release with her posting a $75,000 bond, which she cannot afford. (Id.) She has appealed but the appeal has not yet been decided. (Id.) Despite her assertion to the contrary, the IJ properly assigned the burden at the bond hearing to the government, and the IJ explained her rationale for her decision. (Doc. 1-2) Thus, the newly filed petition and TRO cannot be construed as an attempt to enforce the Court's prior order requiring the bond. Petitioner has failed to demonstrate that this Court has jurisdiction to consider what is, in truth, a barely disguised attempt to "appeal" the IJ's decision. For these reasons, the Court will hold the TRO in abeyance. Within 10 days, Petitioner SHALL file a supplemental brief demonstrating the purported source of this Court's authority. Within 10 days thereafter, Respondents SHALL file their responding brief. If the Court finds a basis for jurisdiction, it will revive the TRO.No later than close of business tomorrow, to the extent not already accomplished, Petitioner's counsel is directed: (1) to serve Respondents with a copy of the Petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail (noting Petitioner's name and A-File number in the memo line) to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on April 7, 2026. (Deputy Clerk IM) (Entered: 04/07/2026)
Apr 07, 2026
Minute Order
May 06, 2026
Minute Order AND ~Util - Terminate Civil Case
Parties
Chestnut
Party
(HC) Gunes
Party