Eastern District of California • 1:26-cv-05204

#1

Jul 06, 2026

PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Pascual Tomas Tomas. [$5.00 filing fee received 7/6/2026. Receipt to be docketed on 7/7/2026.] (Deputy Clerk DAR) (Entered: 07/07/2026)

#2

Jul 07, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/07/2026)

#3

Jul 07, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/7/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/07/2026)

#4

Jul 07, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Christopher Chestnut (Williams, Jonathan) (Entered: 07/07/2026)

Jul 07, 2026

Minute Order

Jul 07, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Pascual Tomas Tomas. (Deputy Clerk DAR)

Jul 07, 2026

Service by Mail

Jul 07, 2026

SERVICE BY MAIL: 3 Minute Order served on Pascual Tomas Tomas. (Deputy Clerk MDK)

Jul 07, 2026

RECEIPT number 200019873 for $5.00 filing fee for Pascul Tomas Tomas from Cal City Immigration. (Deputy Clerk KML)

#5

Jul 08, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/8/2026: Petitioner (A No. 201 958 821) 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. (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/08/2026)

Jul 08, 2026

SERVICE BY MAIL: 5 Minute Order served on Pascual Tomas Tomas. (Deputy Clerk LMK)

Jul 08, 2026

Service by Mail

Jul 08, 2026

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

#6

Jul 21, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/21/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 5. Attorney Roger Ponce is hereby appointed as CJA counsel for Petitioner. The Courtroom Deputy shall update the docket to reflect Attorney Roger Ponce, 1424 17th St. Bakersfield, CA 93301, 661-888-2003, roger@rogerponcelaw.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk JRM) (Entered: 07/21/2026)

Jul 21, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#7

Jul 22, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/22/2026: Petitioner is GRANTED 14 days within which to File an Amended Petition for Writ of Habeas Corpus and / or Motion for Temporary Restraining Order. Petitioner A No. 201 958 821. (Text Only Entry). (Deputy Clerk JRM) (Entered: 07/22/2026)

Jul 22, 2026

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

#8

Aug 04, 2026

UNOPPOSED MOTION for 14-DAY EXTENSION OF TIME to File Amended Petition for Writ of Habeas Corpus and/or Motion for Temporary Restraining Order by Pascual Tomas Tomas. (Attachments: # 1 Proposed Order) (Ponce, Roger) Modified on 8/11/2026 (KS). (Entered: 08/04/2026)

#9

Aug 05, 2026

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/4/2026 GRANTING 8 Motion for Extension of Time and petitioner has until 8/19/26 to file an Amended Petition or Motion for TRO. (Deputy Clerk AMW) (Entered: 08/05/2026)

#10

Aug 05, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Pascual Tomas Tomas.(Ponce, Roger) (Entered: 08/05/2026)

#11

Aug 07, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/7/2026: Respondents are GRANTED 7 (seven) days to file a response to Petitioner's 10 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. 201 958 821. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/07/2026)

Aug 07, 2026

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

#12

Aug 14, 2026

RESPONSE by Christopher Chestnut to 10 Amended Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A-DHS Records, # 2 Exhibit B-RAP Sheet, # 3 Exhibit C-Bond Orders)(Williams, Jonathan) (Entered: 08/14/2026)

#13

Aug 26, 2026

CLERK'S NOTICE of DOCKET CORRECTION: Petitioner's name corrected to "Tomas Pascual Tomas." (Deputy Clerk HAH) (Entered: 08/26/2026)

#14

Aug 26, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/26/2026: In their 12 Opposition to Petitioner's 10 Amended Petition for a Writ of Habeas Corpus, Respondents claim Petitioner "has multiple driving under the influence convictions and other arrests." ECF No. 12 at 2. In support of this assertion, Respondents point to Exhibit B attached to their Opposition. Exhibit B is the "rap" sheet of someone other than Petitioner with an A No. of 214 082 678 and there is no other evidence in the record suggesting Petitioner has any criminal record. Good cause appearing, IT IS HEREBY ORDERED that Respondents are GRANTED until 5:00 P.M. Friday, 8/28/2026, to provide Petitioner's "rap" sheet or other evidence indicating that Petitioner has a criminal record. Petitioner A No. 201 958 821. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/26/2026)

Aug 26, 2026

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

#15

Aug 28, 2026

SUPPLEMENTAL EXHIBITS by Christopher Chestnut. (Attachments: # 1 Exhibit D-Bond Request, # 2 Exhibit E-RAP Sheet)(Williams, Jonathan) Modified on 9/1/2026 (HAH). (Entered: 08/28/2026)

#16

Sep 01, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 9/1/2026: Within 5 (five) days, Respondents shall provide the court with the following: (1) any documents indicating when Petitioner was released from ICE custody following his being detained by ICE on 8/5/2019; and (2) any documents indicating the authority for and terms of release. Petitioner A No. 201 958 821. (Text Only Entry) (Deputy Clerk LMK) (Entered: 09/01/2026)

Sep 01, 2026

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

#17

Sep 05, 2026

MOTION for 7-DAY EXTENSION OF TIME to File Responsive Documents re 16 Minute Order,, Set/Reset Deadlines and Hearings, by Christopher Chestnut. (Williams, Jonathan) (Entered: 09/05/2026)

#18

Sep 08, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 9/8/2026: Respondents' 17 Motion for an Extension of Time is GRANTED. Respondents shall comply with the court's 9/1/2026 Order within 7 (seven) days. Petitioner A No. 201 958 821. (Text Only Entry) (Deputy Clerk LMK) (Entered: 09/08/2026)

Sep 08, 2026

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

#19

Sep 11, 2026

EXHIBIT Bond Records from Prior Release by Christopher Chestnut re 16 Minute Order,, Set/Reset Deadlines and Hearings,. (Attachments: # 1 Exhibit A-Bond Order, # 2 Exhibit B-Bond Records)(Williams, Jonathan) (Entered: 09/11/2026)

#20

Oct 05, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/05/2026 RECOMMENDING that: Petitioner's 1 Petition for Writ of Habeas Corpus be granted; Respondents be ordered to release Petitioner; Absent an administratively final order of removal, it be ordered that Petitioner cannot be re-detained unless an immigration judge finds the government has demonstrated by clear and convincing evidence that a material change in circumstances renders Petitioner either a danger to the community or an unacceptable flight risk. It should also be ordered that Petitioner have the opportunity to have counsel present at such a hearing and at least 7-days-notice prior to commencement of the hearing; and that this case be closed. Referred to Judge Troy L. Nunley. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)

#21

Oct 09, 2026

Objections to Findings and Recommendations

#23

Oct 14, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 10/13/26 ADOPTING 20 Findings and Recommendations in full and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Petitioner Tomas Pascual T. (A# 201-958-82 1) from custody on the same conditions of his prior release. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall file a notice of compliance with this provision of the Court's Ord er within 2 court days from the date of this Order. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections. CASE CLOSED. (cc Cal City) (Deputy Clerk VLC)

#24

Oct 14, 2026

Judgment

#25

Oct 15, 2026

Notice of Compliance