Eastern District of California • 1:26-cv-03823

(HC) Hernandez Castro v. Chestnut

Active

Case Information

Filed: May 18, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: June 17, 2026
Parties: View All Parties →

Docket Entries

#1
May 18, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin, Moises Becerra, Christopher Chestnut, Todd Blanche by James Orlando Hernandez Castro. (Deputy Clerk LJB) (Entered: 05/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 18, 2026
MOTION to APPOINT COUNSEL by James Orlando Hernandez Castro. (Deputy Clerk LJB) (Entered: 05/20/2026)
Main Document: Appoint Counsel
#3
May 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 05/20/2026)
Main Document: Immigration New Case Documents
#4
May 20, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to James Orlando Hernandez Castro signed by Visiting Judge Micah WJ Smith on 05/20/26. (Deputy Clerk LJB) (Entered: 05/20/2026)
Main Document: 05 - HC/Order Authorizing IFP
#5
May 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Moises Becerra,Sean Davis, GOVT for Todd Blanche,Sean Davis, GOVT for Christopher Chestnut,Sean Davis, GOVT for Markwayne Mullin (Davis, Sean) (Entered: 05/20/2026)
Main Document: DESIGNATION
#6
May 20, 2026
EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1, and Motion to Appoint Counsel, ECF No. 2 . Upon review of the Petition, the court believes this case would benefit from the appointment of counsel. Petitioner's Motion to Appoint Counsel, ECF No. 2, is therefore GRANTED. Within seven 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 Smith_Orders@hid.uscourts.gov, which shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen days of appointment of counsel, Petitioner may supplement the Petition for Writ of Habeas Corpus. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/20/2026)
May 20, 2026
Service by Mail
May 20, 2026
SERVICE BY MAIL: A copy of Dkt. No. 6 Entering Order, was served on James Orlando Hernandez Castro at the address of record on May 20, 2026. (Deputy Clerk AB)
May 20, 2026
SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 6 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on May 20, 2026. (Deputy Clerk AB)
May 20, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents, 4 Order Authorizing IFP Status served on James Orlando Hernandez Castro. (Deputy Clerk LJB)
May 20, 2026
RECEIPT number 100008211 for $5.00 for James Orlando Hernandez Castro from James Orlando Hernandez Castro. (Deputy Clerk LJB)
May 20, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
May 27, 2026
EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 6 Entering Order. Attorney Benjamin F. Hall is hereby APPOINTED as CJA counsel for Petitioner James Orlando Hernandez Castro. The Clerk of Court shall update the docket to reflect said attorney at 801 1st St. Suite B Benicia, CA 94510, 415-776-1633, bhall@benhlaw.com respectively, as counsel for Petitioner in this matter, nunc pro tunc to 5/27/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/27/2026)
May 27, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#8
Jun 04, 2026
Notice of Appearance
Main Document: Notice of Appearance
#9
Jun 04, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#10
Jun 04, 2026
Amended Petition for Writ of Habeas Corpus
Main Document: Amended Petition for Writ of Habeas Corpus
#11
Jun 04, 2026
EO: The court has received and reviewed Petitioner's 9 Motion for Temporary Restraining Order and 10 First Amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. It is not clear from the face of the First Amended Petition whether Petitioner is entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: 1. Within seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition. 2. Within seven days after service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondent files an answer to the petition, Petitioner MAY FILE a traverse within seven days of the service of Respondent's answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's motion. Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF. The motion to dismiss will be deemed submitted when the time to reply has expired. 5. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/04/2026)
Jun 04, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Jun 10, 2026
RESPONSE by Moises Becerra, Todd Blanche, Christopher Chestnut, Markwayne Mullin to 9 Motion for Temporary Restraining Order, 11 Order,,,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,,,, 10 Amended Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 213, # 2 Exhibit NTA, # 3 Exhibit Bond order, # 4 Exhibit Bond order, # 5 Exhibit BIA rejection, # 6 Exhibit Hearing notice, # 7 Exhibit Bond request, # 8 Exhibit Bond request)(Davis, Sean) (Entered: 06/10/2026)
Main Document: RESPONSE
#13
Jun 17, 2026
REPLY by James Orlando Hernandez Castro re 12 Response,. (Hall, Benjamin) (Entered: 06/17/2026)
Main Document: REPLY

Parties

Chestnut
Party
(HC) Hernandez Castro
Party