Eastern District of California • 1:26-cv-02730

(HC) Garcia Perez v. Chestnut

Completed

Case Information

Filed: April 10, 2026
Assigned to: Daniel J. Calabretta
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: April 17, 2026
Last Activity: April 17, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 10, 2026
PETITION for WRIT of HABEAS CORPUS against Respondents by Marvin Garcia Perez. (Attachments: # 1 Civil Cover Sheet)(Nagele, Robin) (Entered: 04/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 10, 2026
CLERK'S NOTICE to Attorney Robin Nagele re 1 Petition for Writ of Habeas: Your document is not formatted properly, please flatten your PDF and re-file a properly formatted PDF. For information on how toflatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contactthe CM/ECF help desk at 866-884-5444. Advance payment of the filing fee in the amount of $5.00 is required and should be submitted electronically using the event Payment of Fees. Your case will not be filed until the fee is paid (Local Rule 121c). If you wish to pay with check or money order, the fee must be received by the clerk's office within 48 hours of lodging your complaint, or your documents will be deleted from the court's server. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Deputy Clerk EF) (Entered: 04/10/2026)
#3
Apr 10, 2026
CIVIL COVER SHEET filed by Marvin GARCIA PEREZ. (Nagele, Robin) (Entered: 04/10/2026)
Main Document: CIVIL
#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 CLA) (Entered: 04/10/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 10, 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: 04/10/2026)
Main Document: CONSENT/DECLINE
#6
Apr 10, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/10/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in Counts 1 and 3 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. Respondents are ORDERED TO SHOW CAUSE on or before April 15, 2026, as to why the Court should not grant a writ of habeas corpus as to Counts 1 and 3 by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents identify any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before April 16, 2026. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. Petitioner's counsel is DIRECTED to send a copy of the petition and this order as well as provide the Petitioner's full name and A number to the US Attorney's Office by April 11, 2026, at 11:59 A.M., at their email usacae.ecf2241-imm@usdoj.gov. Petitioner's Counsel shall file a such proof of service on the docket. Counsel for Respondents shall promptly enter notices of appearance. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/10/2026)
#7
Apr 10, 2026
CERTIFICATE / PROOF of SERVICE by Marvin Garcia Perez. (Nagele, Robin) (Entered: 04/10/2026)
Main Document: Certificate / Proof of Service
Apr 10, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 10, 2026
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-13168021. (Nagele, Robin)
#8
Apr 13, 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: 04/13/2026)
Main Document: CONSENT/DECLINE
#9
Apr 15, 2026
RESPONSE by Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin, Executive Office for Immigration Review, Department of Homeland Security to 1 Petition for Writ of Habeas Corpus, 6 Minute Order,,,,,,, Set/Reset Deadlines and Hearings,,,,,,. (Andrews, Anthony) (Entered: 04/15/2026)
Main Document: RESPONSE
#10
Apr 16, 2026
REPLY by Marvin Garcia Perez re 9 Response,. (Nagele, Robin) (Entered: 04/16/2026)
Main Document: REPLY
#11
Apr 17, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
#12
Apr 17, 2026
Judgment
Main Document: Judgment

Parties

Chestnut
Party
(HC) Garcia Perez
Party