Eastern District of California • 1:26-cv-03023

(HC) Aguilar Chavez v. Warden

Active

Case Information

Filed: April 21, 2026
Assigned to: Dena M. Coggins
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: July 06, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 21, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Daniel Aguilar Chavez. (Deputy Clerk JAW) (Entered: 04/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Daniel Aguilar Chavez. (Deputy Clerk JAW) (Entered: 04/21/2026)
Main Document: Temporary Restraining Order
#3
Apr 21, 2026
MOTION to APPOINT COUNSEL by Daniel Aguilar Chavez. (Deputy Clerk JAW) (Entered: 04/21/2026)
Main Document: Appoint Counsel
#4
Apr 21, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/21/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Apr 21, 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: 04/21/2026)
Main Document: CONSENT/DECLINE
Apr 21, 2026
Prisoner New Case Documents for DJ Presider
Apr 21, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Daniel Aguilar Chavez. (Deputy Clerk JAW)
Apr 21, 2026
Service by Mail
#6
Apr 22, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/22/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. This court has previously addressed the legal issues raised by Count One of the Petition. See M.M. v. Bondi, No. 1:26-cv-00813-DC-AC, 2026 WL 604200 (E.D. Cal. Mar. 4, 2026); Nasar v. Warden, No. 2:26-cv-00433-DC-AC, 2026 WL 731160 (E.D. Cal. Mar. 16, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 4/24/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the prior orders listed above. Petitioner may file a Reply by 5/8/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 04/22/2026)
Apr 22, 2026
Service by Mail
Apr 22, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Daniel Aguilar Chavez. (Text Only Entry) (Deputy Clerk CRS)
Apr 22, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#7
Apr 24, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Respondent Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Hemesath, Audrey) Modified on 5/5/2026 (KS). (Entered: 04/24/2026)
Main Document: ANSWER
#8
May 12, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 5/12/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's case from those cited in the court's 6 Order by emphasizing that Petitioner was detained by immigration authorities immediately following his release from jail in relation to his failure to appear in court regarding a misdemeanor offense. Respondents attach the [7-2] FBI RAP sheet reflecting that arrest. The court has previously found that where the government presents non-pretextual reasons to detain a noncitizen already present in the United States pending removal proceedings, the proper remedy for the government's failure to provide a pre-deprivation bond hearing is a post-deprivation bond hearing, not immediate release. See, e.g., Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627 (E.D. Cal. Jan. 31, 2026); Chateauneuf v. Chestnut, No. 1:26-cv-01073-DC-JDP, 2026 WL 523695 (E.D. Cal. Feb. 25, 2026). Accordingly, for the reasons explained in Calvillo and Chateauneuf, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED IN PART as follows: (1) Respondents shall, within fourteen (14) days of issuance of this order, provide Petitioner Daniel Aguilar Chavez (A-221-452-360) with a bond hearing before an immigration judge at which the government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence; and (2) Petitioner's request for immediate release is DENIED. This matter is REFERRED to the assigned magistrate judge for further proceedings. (Text Only Entry) (cc: ICE - California City) (Deputy Clerk MCF) (Entered: 05/12/2026)
May 12, 2026
Minute Order AND Order on Motion for TRO
#9
May 14, 2026
Order of Recusal
Main Document: Order of Recusal
May 14, 2026
SERVICE BY MAIL: 9 Order of Recusal served on Daniel Aguilar Chavez. (Deputy Clerk KLY)
May 14, 2026
Service by Mail
May 15, 2026
SERVICE BY MAIL: 8 Minute Order served on Daniel Aguilar Chavez. (Deputy Clerk KS)
May 15, 2026
Service by Mail
#10
May 27, 2026
Dismiss
Main Document: Dismiss
#11
Jun 05, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/5/2026: On 5/27/26, respondent moved to dismiss the petition as moot "[b]ecause Petitioner has been granted the court-ordered bond hearing." (ECF No. 10 .) The court ordered that, at petitioner's bond hearing, "the government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence." (ECF No. 8 .) Respondent provides the immigration judge's written order, wherein the immigration judge wrote "flight risk" as the reasoning for denying bond. (ECF No. 10 -1.) This evidence is insufficient for the court to determine whether petitioner's bond hearing complied with the court's order regarding the burden of proof. Accordingly, respondent IS HEREBY ORDERED to lodge a transcript and/or audio recording of petitioner's bond hearing no later than 6/12/2026. (Text Only Entry). (Deputy Clerk NAC) (Entered: 06/05/2026)
Jun 05, 2026
SERVICE BY MAIL: 11 Minute Order served on Daniel Aguilar Chavez. (Deputy Clerk NAC)
Jun 05, 2026
Minute Order
Jun 05, 2026
Service by Mail
#12
Jun 15, 2026
STATUS REPORT by Warden. (Hemesath, Audrey) (Entered: 06/15/2026)
Main Document: STATUS
#13
Jun 15, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#14
Jun 17, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/17/2026: On 6/15/2026, respondent filed a status report indicating that "[p]etitioner is now subject to a final order of removal." ECF No. 12 at 1. Petitioner's EOIR automated case information indicates that the immigration judge granted petitioner voluntary departure on 3/10/2026. According to the ICE detainee locator, petitioner is still in ICE custody. Respondent is hereby ORDERED to file by 6/24/2026 a copy of petitioner's final order of removal and a status report confirming that no appeal is pending. (Text Only Entry). (Deputy Clerk NAC) (Entered: 06/17/2026)
Jun 17, 2026
Minute Order
Jun 17, 2026
Service by Mail
Jun 17, 2026
SERVICE BY MAIL: 14 Minute Order served on Daniel Aguilar Chavez. (Deputy Clerk NAC)
#15
Jun 18, 2026
STATUS REPORT by Warden. (Attachments: # 1 Attachment A)(Hemesath, Audrey) Modified on 6/26/2026 (HAH). (Entered: 06/18/2026)
Main Document: STATUS
#16
Jun 25, 2026
Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
Jun 25, 2026
SERVICE BY MAIL: 16 Order and Findings and Recommendations served on Daniel Aguilar Chavez at Winn Correctional Center, 560 Gum Spring Road, Winnfield, LA 71483. (Deputy Clerk AJB)
Jun 25, 2026
Petitioner's ADDRESS UPDATED to Winn Correctional Center 560 Gum Spring Road Winnfield, LA 71483 per 16 ORDER directing service at this address. (Deputy Clerk LMS)
Jun 25, 2026
Service by Mail
Jul 06, 2026
Service by Mail

Parties

(HC) Chavez
Party
Warden
Party