Eastern District of California • 1:26-cv-05510
(HC)Diaz v. U.S. Attorney General
Completed
Case Information
Filed: July 16, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 28, 2026
Last Activity:
September 08, 2026
Parties:
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Docket Entries
#1
Jul 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney General, Christopher Chestnut by Felipe Borges Diaz. (Deputy Clerk SSA) (Entered: 07/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 16, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Felipe Borges Diaz. (Deputy Clerk SSA) (Entered: 07/17/2026)
Main Document:
In Forma Pauperis
#3
Jul 17, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Felipe Borges Diaz signed by Magistrate Judge Erin Guy Castillo on 7/17/2026. (Deputy Clerk SSA) (Entered: 07/17/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#4
Jul 17, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SSA) (Entered: 07/17/2026)
Main Document:
Immigration New Case Documents
#5
Jul 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Christopher Chestnut,Shelley D. Weger, GOVT for U.S. Attorney General,Shelley D. Weger, GOVT for U.S. Department of Homeland Security,Shelley D. Weger, GOVT for U.S. Immigration and Customs Enforcement (Weger, Shelley) (Entered: 07/17/2026)
Main Document:
DESIGNATION
#6
Jul 17, 2026
ORDER to SHOW CAUSE Why Petition Should not be Granted signed by Magistrate Judge Erin Guy Castillo on 7/17/2026. Show Cause Response due within Twenty-One (21) Days. (Deputy Clerk SSA) (Entered: 07/17/2026)
Jul 17, 2026
SERVICE BY MAIL: 6 Order to Show Cause served on Felipe Borges Diaz. (Deputy Clerk SSA)
Jul 17, 2026
SERVICE BY MAIL: 3 Order Authorizing IFP Status, 4 Immigration New Case Documents served on Felipe Borges Diaz. (Deputy Clerk SSA)
Jul 17, 2026
Service by Mail
#7
Jul 28, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/28/2026: (Text Only Entry). 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"). Additionally, in light of the judicial emergency and in order to conserve limited judicial resources, Respondents SHALL have an affirmative duty to inform the Court of any change to the claimed detention authority or custody status of Petitioner within THREE (3) days of any such change. (Deputy Clerk WAK) (Entered: 07/28/2026)
Jul 28, 2026
SERVICE BY MAIL: 7 Minute Order,,, served on Felipe Borges Diaz. (Deputy Clerk WAK)
Jul 28, 2026
Minute Order
Jul 28, 2026
Service by Mail
#8
Jul 29, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/29/2026: (Text Only Entry). The Court rescinds its minute order in its entirety dated July 28, 2026. "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"). Additionally, in light of the judicial emergency and in order to conserve limited judicial resources, Respondents SHALL have an affirmative duty to inform the Court of any change to the claimed detention authority or custody status of Petitioner within THREE (3) days of any such change." (Deputy Clerk WAK) (Entered: 07/29/2026)
Jul 29, 2026
Minute Order
Jul 29, 2026
Service by Mail
Jul 29, 2026
SERVICE BY MAIL: 8 Minute Order,,, served on Felipe Borges Diaz. (Deputy Clerk WAK)
#9
Aug 08, 2026
OPPOSITION by Respondents Christopher Chestnut, U.S. Attorney General, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Declaration, # 2 Exhibit 1-9, # 3 Exhibit 10-14)(Weger, Shelley) (Entered: 08/08/2026)
Main Document:
OPPOSITION
#10
Aug 12, 2026
FINDINGS and RECOMMENDATIONS to Grant Petition, signed by Magistrate Judge Erin Guy Castillo on 08/12/2026. referred to Judge Sherriff. Objections to F&R due within Ten-Days. (Deputy Clerk CM) (Entered: 08/12/2026)
Aug 12, 2026
SERVICE BY MAIL: 10 Findings and Recommendations served on Felipe Borges Diaz. (Deputy Clerk CM)
Aug 12, 2026
Service by Mail
#11
Aug 22, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 10 by Respondents Christopher Chestnut, U.S. Attorney General, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Weger, Shelley) (Entered: 08/22/2026)
Main Document:
Objections to Findings and Recommendations
#12
Aug 28, 2026
ORDER ADOPTING 10 Findings and Recommendations, GRANTING Petition for Writ of Habeas Corpus, and REQUIRING Immediate RELEASE signed by District Judge Kirk E. Sherriff on 8/27/2026. (Deputy Clerk SSA) (Entered: 08/28/2026)
#13
Aug 28, 2026
JUDGMENT dated *8/28/2026* pursuant to 12 order. (Deputy Clerk SSA) (Entered: 08/28/2026)
Main Document:
Judgment
Aug 28, 2026
Service by Mail
Aug 28, 2026
SERVICE BY MAIL: 13 Judgment, 12 Order Adopting Findings and Recommendations, served on Felipe Borges Diaz. (Deputy Clerk SSA)
Sep 08, 2026
MAIL RETURNED as Undeliverable, RTS, Not deliverable as addressed, unable forward: 13 Judgment, 12 Order Adopting Findings and Recommendations, Terminate Civil Case, Findings and Recommendations (Order) sent to Felipe Borges Diaz. (Deputy Clerk ED)
Parties
(HC)Diaz
Party
U.S. Attorney General
Party