Eastern District of California • 1:26-cv-02845
(HC) Diaz Romero v. Chestnut
Active
Case Information
Filed: April 14, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 15, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Diana Jackeline Diaz Romero. (Filing fee $ 5, receipt number ACAEDC-13183685) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibits in Support of Habeas Petition)(Stephens, Douglas) (Entered: 04/15/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 15, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/18/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 04/15/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#3
Apr 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 15, 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: 04/15/2026)
#4
Apr 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Diana Jackeline Diaz Romero. (Attachments: # 1 TRO Checklist, # 2 Points and Authorities, # 3 Proposed Order, # 4 Declaration)(Stephens, Douglas) (Entered: 04/15/2026)
Main Document:
Temporary Restraining Order
#5
Apr 15, 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: 04/15/2026)
Main Document:
CONSENT/DECLINE
Apr 15, 2026
Minute Order
#6
Apr 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 4/16/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 4 .) The Court has reviewed Petitioner's motion and finds Petitioner has met her burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Acosta v. Warden of the Golden State Annex Det. Facility, No. 1:26-CV-00530-TLN-EFB, 2026 WL 350831, at *3-4 (E.D. Cal. Feb. 9, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner [A#078-957-227] from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall file a notice of compliance certifying her release by April 17, 2026. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. Petitioner shall immediately serve this Order and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. The Clerk of Court is also directed to serve the California City Detention Center with a copy of this Order. 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). SO ORDERED. (TEXT ONLY ENTRY) (cc: Ca City) (Deputy Clerk MDK) (Entered: 04/16/2026)
Apr 16, 2026
Minute Order AND Order on Motion for TRO
#7
Apr 17, 2026
Notice of Compliance
Main Document:
Notice of Compliance
#8
May 04, 2026
06 - HC/Order Requiring Respondent to File a Response
Main Document:
06 - HC/Order Requiring Respondent to File a Response
#9
May 04, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Parties
Chestnut
Party
(HC) Diaz Romero
Party