Eastern District of California • 1:26-cv-02673
(HC) Gonzalez Gutierrez v. Chestnut
Active
Case Information
Filed: April 09, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 09, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Filiberto Gonzalez Gutierrez. (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 09, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Filiberto Gonzalez Gutierrez. (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document:
In Forma Pauperis
#3
Apr 09, 2026
MOTION to APPOINT COUNSEL by Filiberto Gonzalez Gutierrez. (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document:
Appoint Counsel
#4
Apr 10, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/14/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/10/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Apr 10, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Filiberto Gonzalez Gutierrez. (Deputy Clerk JAW)
Apr 10, 2026
Service by Mail
#5
Apr 12, 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: 04/12/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 17, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/16/2026 GRANTING Petitioner's 2 Motion to Proceed IFP and GRANTING Petitioner's 3 Motion to Appoint Counsel. Within 14 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Judge Carolyn K. Delaney's courtroom deputy who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, the Court hereby AUTHORIZES them to serve as pro hac vice CJA counsel for Petitioner for the duration of the proceedings in this Court. If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby AUTHORIZES said counsel's pro hac vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contact counsel about this appointment. (Deputy Clerk KS) (Entered: 04/17/2026)
Apr 17, 2026
Service by Mail
Apr 17, 2026
SERVICE BY MAIL: 6 Order served on Filiberto Gonzalez Gutierrez. (Deputy Clerk KS)
#7
Apr 20, 2026
OPPOSITION by Respondent Christopher Chestnut. (Attachments: # 1 Exhibit I-213)(Hemesath, Audrey) (Entered: 04/20/2026)
Main Document:
OPPOSITION
#8
Apr 23, 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 JAW) (Entered: 04/24/2026)
Main Document:
CONSENT/DECLINE
#9
Apr 30, 2026
ORDER of RECUSAL signed by Magistrate Judge Carolyn K. Delaney on 4/30/2026: Magistrate Judge Carolyn K. Delaney recused. Case reassigned to Magistrate Judge Jeremy D. Peterson for all further proceedings. The new case number is: 1:26-cv-2673 DAD JDP. (Deputy Clerk VLK) (Entered: 04/30/2026)
Apr 30, 2026
SERVICE BY MAIL: 9 Order of Recusal, served on Filiberto Gonzalez Gutierrez. (Deputy Clerk VLK)
Apr 30, 2026
Service by Mail
#10
May 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/1/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF 6 . Attorney Toni White is hereby appointed as counsel for Petitioner. The Courtroom Deputy shall update the docket to reflect Attorney Toni White, PO Box 1081, El Dorado, CA 95623, 530-885-6244, toniwhite6311@gmail.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 05/01/2026)
#11
May 04, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/4/2026: In light of the appointment of counsel (ECF No. 10, Petitioner may file a traverse within 7 days of the date of this order. The matter will thereafter be deemed submitted. (Text Only Entry). (Deputy Clerk NAC) (Entered: 05/04/2026)
May 04, 2026
Minute Order
#12
May 13, 2026
REQUEST TO EXTEND Due Date for Filing of Reply by Filiberto Gonzalez Gutierrez. (White, Toni) Modified on 5/20/2026 (HAH). (Entered: 05/13/2026)
Main Document:
Request
#13
May 14, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/14/2026: Petitioner has filed a request to extend his deadline to file a reply until 6/1/2026. (ECF No. 12 .) This request is GRANTED. Petitioner shall file a reply by 6/1/2026. The matter will be deemed submitted after petitioner files his reply or after his allotted time for doing so has expired. (Text only entry) (Deputy Clerk NAC) (Entered: 05/14/2026)
May 14, 2026
Minute Order AND Order on Request
#14
Jun 01, 2026
UNOPPOSED REQUEST to Extend Due Date for Filing of Reply by Filiberto Gonzalez Gutierrez. (White, Toni) Modified on 6/3/2026 (KS). (Entered: 06/01/2026)
Main Document:
Request
#15
Jun 02, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/2/2026: Petitioner's 14 request to extend his deadline to file a reply is GRANTED. Petitioner shall file a reply by 6/22/2026. The matter will be deemed submitted after petitioner files his reply or after his allotted time for doing so has expired. (Text Only Entry). (Deputy Clerk NAC) (Entered: 06/02/2026)
Jun 02, 2026
Minute Order AND Order on Request
#16
Jun 22, 2026
REQUEST for continuance of due date for Reply brief by Filiberto Gonzalez Gutierrez. (White, Toni) (Entered: 06/22/2026)
Main Document:
Request
#17
Jun 23, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/23/2026: Petitioner has submitted an unopposed request to extend his deadline to file a reply until 6/29/2026. (ECF No. 15 .) This request is GRANTED. However, given the demands of these immigration cases, the court expects that all parties comply with the court-ordered schedule in order to expedite the resolution of these time-sensitive matters. Petitioner was appointed counsel on 5/1/2026, and counsel was ordered to file a reply by 5/11/2026. (ECF Nos. 10 & 11 .) Counsel has since sought three requests for continuances that will push back the filing date to 6/29/2026. While the court recognizes counsel's efforts to obtain further documentation, the court is hesitant to allow such continuances in the future, particularly in light of its consistent demands in all immigration cases that the U.S. Attorney's Office timely comply with its orders. Accordingly, absent exceptional circumstances, the court will not grant any further continuances. (Text Only Entry). (Deputy Clerk NAC) (Entered: 06/23/2026)
Jun 23, 2026
Minute Order AND Order on Request
#18
Jun 29, 2026
TRAVERSE/REPLY and OPPOSITION to Motion to Dismiss by Filiberto Gonzalez Gutierrez. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (White, Toni) Modified on 7/7/2026 (KS). (Entered: 06/29/2026)
Main Document:
TRAVERSE/REPLY
#19
Jul 06, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 7/6/2026 RECOMMENDING the 1 petition for writ of habeas corpus be granted. Within seven days of this order, petitioner Filiberto Gonzalez Gutierrez (A-Number: 242-06 9-432) be afforded a bond hearing before a neutral arbiter pursuant to 8 U.S.C. § 1226(a) and its implementing regulations, at which petitioner's eligibility for bond must be considered. Respondent be ordered to file a status report, within 5 days of the bond hearing, confirming that the hearing occurred. The Clerk of Court be ordered to enter judgment accordingly and close this case. Referred to Judge Dale A. Drozd. Objections to F&R due within 7 days. (Deputy Clerk KLY)
#20
Jul 06, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 19 by Respondent Christopher Chestnut. (Hemesath, Audrey) (Entered: 07/06/2026)
Main Document:
Objections to Findings and Recommendations
#21
Jul 21, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#22
Jul 21, 2026
Judgment
Main Document:
Judgment
#23
Aug 19, 2026
Notice of Related Case
Main Document:
Notice of Related Case
#24
Aug 24, 2026
Order
Main Document:
Order
Parties
Chestnut
Party
(HC) Gutierrez
Party