Eastern District of California • 1:26-cv-03830

#1

May 18, 2026

PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Petiote Josue. (Deputy Clerk AKP) (Entered: 05/20/2026)

#2

May 20, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 05/20/2026)

#3

May 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Christopher Chestnut (Davis, Sean) (Entered: 05/20/2026)

May 20, 2026

Service by Mail

May 20, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Petiote Josue. (Deputy Clerk AKP)

#4

May 21, 2026

CLERK'S NOTICE of DOCKET CORRECTION: Petitioner's name corrected from "Petiote Josue" to "Josue Petiote", A No. 246-334-226. (Deputy Clerk HAH) (Entered: 05/21/2026)

#5

May 21, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/21/2026: Petitioner (A No. 246 334 226) has filed a 1 Petition for Writ of Habeas Corpus challenging ICE detention. In light of the complexity of the legal issues involved, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within 14 (fourteen) 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 Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@caed.uscourts.gov, 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 ("CJA") 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 pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 700, § 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 contacted counsel about this appointment. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. The court notes that Petitioner has not paid the $5.00 filing fee or filed an Application to Proceed In Forma Pauperis. Petitioner or appointed counsel should do one or the other as soon as possible. (Text Only Entry) (Deputy Clerk LMK) (Entered: 05/21/2026)

May 21, 2026

Service by Mail

May 21, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

May 21, 2026

SERVICE BY MAIL: 5 Minute Order served on Josue Petiote. (Deputy Clerk LMK)

May 21, 2026

SERVICE BY MAIL: 4 Clerk's Notice of Docket Correction, 2 Immigration New Case Documents served on Josue Petiote. (Deputy Clerk HAH)

#6

Jun 04, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/4/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF 5. Attorney Matthew T. Hidayat is hereby appointed as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Matthew T. Hidayat, 801 1st Street, Suite B, Benicia, CA 94510, 707-240-5003, mhidayat@benhlaw.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk JRM) (Entered: 06/04/2026)

Jun 04, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#7

Jun 08, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/8/2026: Petitioner (A No. 246 334 226) is GRANTED 14 (fourteen) days within which to file an Amended Petition for Writ of Habeas Corpus and / or a Motion for Preliminary Injunctive Relief / Temporary Restraining Order. (Text Only Entry) (Deputy Clerk LMK) (Entered: 06/08/2026)

Jun 08, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#8

Jun 22, 2026

UNOPPOSED MOTION for 14-DAY EXTENSION OF TIME to File First Amended Petition for Writ of Habeas Corpus by Josue Petiote. (Hidayat, Matthew) Modified on 6/25/2026 (KS). (Entered: 06/22/2026)

#9

Jun 23, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/23/2026: Petitioner's 8 Motion for an Extension of Time is GRANTED. Petitioner is granted until 7/7/2026, to file an Amended Petition for a Writ of Habeas Corpus and / or and Motion for Temporary Restraining Order. Petitioner A No. 246 334 226. (Text Only Entry) (Deputy Clerk JRM) (Entered: 06/23/2026)

Jun 23, 2026

Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings

#10

Jul 10, 2026

MOTION to FILE FIRST AMENDED PETITION FOR HABEAS CORPUS by Josue Petiote. (Attachments: # 1 First Amended Petition)(Hidayat, Matthew) Modified on 7/16/2026 (HAH). (Entered: 07/10/2026)

#11

Jul 13, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/13/2026: Petitioner's 10 Motion for Leave to File an Amended Petition is GRANTED. Respondents are GRANTED 7 (seven) days to file a response to Petitioner's Amended Petition for a Writ of Habeas Corpus. Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the Petition. Petitioner may file a reply within 7 (seven) days of service of the response. Petitioner A No. 246 334 226. (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/13/2026)

Jul 13, 2026

Minute Order AND Order on Motion for Miscellaneous Relief

#12

Jul 20, 2026

RESPONSE by Christopher Chestnut to 11 Minute Order,,, Order on Motion for Miscellaneous Relief,,. (Davis, Sean) (Entered: 07/20/2026)

#13

Jul 27, 2026

REPLY by Josue Petiote re 12 Response. (Hidayat, Matthew) (Entered: 07/27/2026)

#14

Jul 30, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/30/2026 RECOMMENDING Petitioner's 1 application for a writ of habeas corpus be granted; Respondent be ordered to immediately release Petitioner from Respondent's custody; At the time of release, Respondent be required to return all of Petitioner's documents and possessions; Respondent be enjoined and restrained from re-detaining Petitioner for any purposes, absent exigent circumstances, without providing Petitioner notice and a pre-detention hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a); The Clerk of Court be directed to serve California City Immigration Processing Center with a copy of any order granting release; and any final order entered in this case not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. Referred to Judge Dale A. Drozd. Objections to F&R due within 7 days. (Deputy Clerk KLY) (Entered: 07/30/2026)

#15

Aug 03, 2026

OBJECTIONS to 14 Findings and Recommendations by Respondent Christopher Chestnut. (Davis, Sean) (Entered: 08/03/2026)

#16

Aug 17, 2026

ORDER signed by District Judge Dale A. Drozd on 8/16/2026 ADOPTING the 14 findings and recommendations filed on 7/30/2026 in full and GRANTING petitioner's 10 amended petition for writ of habeas corpus. Respondent is ORDERED to IMMEDIATELY RELEASE petitioner Josue Petiote, A-File No. 246-334-226, from respondent's custody. Respondent is ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without written notice and a hearing before an immigration judge at which hearing the burden will be set in accordance 8 U.S.C. § 1226 (a) and its implementing regulations. Petitioner's request for attorneys' fees pursuant to 28 U.S.C. § 2412, the Equal Access to Justice Act, are DENIED without prejudice to renewal on a properly noticed and supported motion. The Clerk of the Court is directed to serve the California City Immigration Processing Center with a copy of this order, enter judgment in favor of petitioner, and to close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY) (Entered: 08/17/2026)

#17

Aug 17, 2026

JUDGMENT dated *8/17/2026* pursuant to order signed by District Judge Dale A. Drozd on 8/16/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 08/17/2026)