Eastern District of California • 1:26-cv-03865

(HC) M.S. v. Chestnut

Active

Case Information

Filed: May 20, 2026
Assigned to: Dale Alan Drozd
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: August 28, 2026
Parties: View All Parties →

Docket Entries

#1
May 20, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by M. A. M.S.. (Filing fee $ 5, receipt number ACAEDC-13348956) (Attachments: # 1 Civil Cover Sheet)(Chohan, Kamalpreet) (Entered: 05/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 20, 2026
MOTION to PROCEED under a PSEUDONYM by M. A. M.S.. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Chohan, Kamalpreet) (Entered: 05/20/2026)
Main Document: Pseudonym
#3
May 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by M. A. M.S.. (Attachments: # 1 Points and Authorities, # 2 Exhibit A, # 3 Proposed Order, # 4 checklist)(Chohan, Kamalpreet) (Entered: 05/20/2026)
Main Document: Temporary Restraining Order
#4
May 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/20/2026)
Main Document: Immigration New Case Documents
#5
May 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Sergio Albarran,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 21, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 5/21/2026: (Text Only Entry).Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion to proceed under pseudonym and 3 motion for temporary restraining order by 5:00 PM on Friday, 5/22/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-CV-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk CGH) (Entered: 05/21/2026)
May 21, 2026
Minute Order
#8
May 28, 2026
Order AND Order on Motion for Pseudonym AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for Pseudonym AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#9
May 28, 2026
Judgment
Main Document: Judgment
#10
Aug 24, 2026
Attorney Fees
Main Document: Attorney Fees
#11
Aug 26, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 8/26/2026: The parties are notified that the 10 motion for attorneys' fees has been improperly noticed for hearing before District Judge Dale A. Drozd, and therefore, the 10/5/2026 hearing is VACATED. Petitioner is instructed to re-notice his 10 motion for hearing before the assigned magistrate judge. (Deputy Clerk PAB) (Entered: 08/26/2026)
#12
Aug 26, 2026
NOTICE to RESCHEDULE HEARING on 10 Motion for Attorney Fees, : Motion Hearing set for 10/6/2026 at 10:00 AM in Courtroom 25 (CSK) before Magistrate Judge Chi Soo Kim. (Chohan, Kamalpreet) (Entered: 08/26/2026)
Main Document: Notice to Reschedule Motion Hearing
Aug 26, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
#13
Aug 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Sergio Albarran,Gabriel Andres Soto-Perez for Todd Blanche,Gabriel Andres Soto-Perez for Christopher Chestnut,Gabriel Andres Soto-Perez for Markwayne Mullin, attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 08/28/2026)
Main Document: DESIGNATION
#14
Aug 28, 2026
OPPOSITION by Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin to 10 Motion for Attorney Fees,. (Soto-Perez, Gabriel) (Entered: 08/28/2026)
Main Document: Opposition to Motion
#15
Aug 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 8/28/2026: The petitioner's motion for attorney fees (ECF No. 10 ), shall be governed by Local Rule 230(l) and submitted on the papers. If the court requires oral argument on a motion, the court will notice a hearing. Any opposition to the motion for attorney fees (ECF No. 10 ) shall be filed within 21 days of this minute order. The 10/6/2026 hearing before Magistrate Judge Kim is VACATED. (Text Only Entry) (Deputy Clerk AW) (Entered: 08/28/2026)
Aug 28, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings

Parties

Chestnut
Party
(HC) M.S.
Party