Eastern District of California • 1:26-cv-05110

(HC) Mota Aparicio v. Chestnut

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Case Information

Filed: July 03, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: July 06, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 03, 2026
PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Todd Blanche, Christopher Chestnut, Markwayne Mullin by Yeni Mota Aparicio. (Filing fee $ 5, receipt number ACAEDC-13539818) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 07/03/2026)
Main Document: PETITION
#2
Jul 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Yeni Mota Aparicio. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 Trochecklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 07/03/2026)
Main Document: MOTION
#3
Jul 06, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 07/06/2026)
Main Document: Immigration New Case Documents
#4
Jul 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Moises Becerra,Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Christopher Chestnut,Elisa M. Rodriguez for Markwayne Mullin (Rodriguez, Elisa) (Entered: 07/06/2026)
Main Document: DESIGNATION
#5
Jul 06, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 7/6/2026: The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the 1 petition. See e.g., Crispin M.C. v. Noem, No. 1:25-CV-01487-KES-HBK (HC), 2026 WL 70553 (E.D. Cal. Jan. 8, 2026); J.A.C.P. v. Wofford, No. 1:25-CV-01354-KES-SKO (HC), 2025 WL 3013328 (E.D. Cal. Oct. 27, 2025); Lepe v. Andrews, 801 F. Supp. 3d 1104 (E.D. Cal. 2025). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before July 8, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Crispin M.C. v. Noem, J.A.C.P. v. Wofford, and Lepe v. Andrews and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Entered: 07/06/2026)
Jul 06, 2026
Minute Order

Parties

Chestnut
Party
(HC) Mota Aparicio
Party