Eastern District of California • 1:26-cv-05467

(HC) Barrios-Sotto v. Chestnut

Active

Case Information

Filed: July 15, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 16, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 15, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Christopher Chestnut, Markwayne Mullin, David J. Venturella by Walfer Oseas Barrios-Sotto. (Filing fee $ 5, receipt number ACAEDC-13586967) (Attachments: # 1 Exhibit NTA, # 2 Exhibit I-220A)(Monsalve, Alejandro) (Entered: 07/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 15, 2026
CIVIL COVER SHEET filed by Walfer Oseas Barrios-Sotto. (Monsalve, Alejandro) (Entered: 07/15/2026)
Main Document: CIVIL
#3
Jul 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Walfer Oseas Barrios-Sotto. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 07/15/2026)
Main Document: Temporary Restraining Order
#4
Jul 15, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/15/2026)
Main Document: Immigration New Case Documents
#5
Jul 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/15/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 3 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841 (E.D. Cal. Dec. 11, 2025); Eusebio C.H.S. v. Warden of the Golden State Annex, No. 1:26-cv-04389-TLN-AC, 2026 WL 1745831 (E.D. Cal. June 16, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 3 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 216-178-771) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constitutionally protected interest in remaining free from detention. Petitioner shall be allowed to have counsel present at the hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by July 22, 2026. Petitioner may file a reply by July 28, 2026. The Clerk of the Court is directed to serve a copy of this Order on the California City Detention Facility. SO ORDERED. (cc: California City Detention Facility) (Text Only Entry) (Deputy Clerk JRW) (Entered: 07/15/2026)
#6
Jul 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Todd Blanche,Shelley D. Weger, GOVT for Christopher Chestnut,Shelley D. Weger, GOVT for Markwayne Mullin,Shelley D. Weger, GOVT for David J. Venturella (Weger, Shelley) (Entered: 07/15/2026)
Main Document: DESIGNATION
Jul 15, 2026
Minute Order AND Order on Motion for TRO
#7
Jul 16, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus