Eastern District of California • 1:26-cv-02734
(HC) Garcia Jova v. Chestnut
Active
Case Information
Filed: April 10, 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:
June 02, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 10, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Yandy Samuel Garcia Jova. (Deputy Clerk AJB) (Entered: 04/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
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 AJB) (Entered: 04/10/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
Apr 10, 2026
Service by Mail
Apr 10, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Yandy Samuel Garcia Jova. (Deputy Clerk AJB)
#3
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
#4
Apr 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 13, 2026: 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: 04/13/2026)
Apr 13, 2026
SERVICE BY MAIL: 4 Minute Order served on Yandy Samuel Garcia Jova. (Deputy Clerk MDK)
Apr 13, 2026
Minute Order
Apr 13, 2026
Service by Mail
#5
Apr 14, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 4/14/2026 GRANTING Petitioner 10 days to either pay the court's filing fee or file an application to proceed in forma pauperis. Respondent is DIRECTED to file an answer or motion to dismiss within 7 days from the date of this order. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondent's answer or motion to dismiss. A reply by respond ent to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. (Deputy Clerk HAH)
Apr 14, 2026
Service by Mail
#6
Apr 20, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#7
Apr 20, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#8
Apr 28, 2026
In Forma Pauperis
Main Document:
In Forma Pauperis
Apr 30, 2026
Service by Mail
May 06, 2026
Service by Mail
#11
May 28, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 5/28/2026 GRANTING 8 Motion to Proceed IFP and RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that 6 Motion to Dismiss be denied; that Respon dent be ordered to immediately release petitioner, and be ordered to provide petitioner with a copy of the release order at or near the time of release; that, if respondent has custody of petitioner's documents, Respondent shall return those to petitioner at the time of release; that Respondent be enjoined and restrained from re-detaining petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that pet itioner is a flight risk or danger to the community such that his physical custody is legally justified; that this injunction does not address other circumstances where detention authority is established under different authority than what is present ed in this case; that, given petitioner's pro se status, respondent be directed to file, within 7 days of the adoption of these findings and recommendations, a status report addressing petitioner's status; and that the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Chief District Judge Troy L. Nunley. Objections due within 7 days of the date of these findings and recommendations. (Deputy Clerk HAH)
May 28, 2026
Service by Mail
#12
May 29, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#13
May 29, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#14
Jun 01, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 05/29/2026 ADOPTING the 11 Findings and Recommendations IN FULL, GRANTING the 1 Petition for Writ of Habeas Corpus and DENYING Respondent's 6 Motion to Dismiss. Respondent must IMMEDIA TELY RELEASE Petitioner Yandy Samuel Garcia Jova, A# 244-466-169, from custody under the same conditions of release prior to his current detention. Respondent shall provide Petitioner a copy of this order at or near the time of release. At the time o f release, Respondent must return all of Petitioner's documents and possessions. Respondent is DIRECTED to file a notice certifying compliance with this provision of the Court's order within 2 court days from the date of this order. Respond ent is ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including 7 days' notice and a pre-deprivation hearing before a neutral fact-finder where (a) Respondent shows materia l changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonable foreseeable future, or (b) Respondent demonstrates by clear and convincing evidence that the Government's interest in protecting the publ ic and/or ensuring Petitioner appears at a future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. CASE CLOSED. (cc: California City) (Deputy Clerk KS)
#15
Jun 01, 2026
Judgment
Main Document:
Judgment
Jun 01, 2026
Service by Mail
#16
Jun 02, 2026
Notice of Compliance
Main Document:
Notice of Compliance
#17
Jun 02, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Parties
Chestnut
Party
(HC) Garcia Jova
Party