Eastern District of California • 1:26-cv-06112

#1

Aug 03, 2026

PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Daniel Rodriguez Diaz. [$5.00 filing fee received 8/3/2026. Receipt to be docketed on 8/4/2026.] (Deputy Clerk DAR) (Entered: 08/04/2026)

#2

Aug 03, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Daniel Rodriguez Diaz. (Deputy Clerk DAR) (Entered: 08/04/2026)

#3

Aug 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JJD) (Entered: 08/04/2026)

#4

Aug 04, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Christopher Chestnut (Weger, Shelley) (Entered: 08/04/2026)

#5

Aug 04, 2026

MINUTE ORDER signed by District Judge Noel Wise on 8/4/2026: The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (ECF No. 1 ) and the related request for emergency injunctive relief (ECF No. 2 ). Petitioner asserts that he has been detained since approximately May 2026. ECF No. 2 at 1. He does not explain why the Court should treat the situation as an emergency given this delay in filing the request for emergency relief. Thus, the TRO request is DENIED pursuant to Local Rule 231(b). This order is without prejudice to Petitioner filing a renewed motion if there are emergent circumstances not discussed in the current TRO request. Respondents shall file a response to the Petition by 8/18/2026. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by 8/25/26. Respondents are prohibited from deporting the Petitioner or removing him from the Eastern District of California while the TRO and Petition are pending. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. Counsel for Respondents shall promptly enter notices of appearance.The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar 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 via email to julia_thomas@CAND.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 the appointee to serve as 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 court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § 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 and 2 TRO upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 08/04/2026)

Aug 04, 2026

Service by Mail

Aug 04, 2026

SERVICE BY MAIL: 5 Minute Order served on Petitioner. (Thomas, Julia)

Aug 04, 2026

RECEIPT number 200020336 for $5.00 filing fee for Daniel Rodriguez Diaz from Cal City Immigration Processing Center. (Deputy Clerk KML)

Aug 04, 2026

Minute Order AND Order on Motion for TRO

Aug 04, 2026

Immigration New Case Documents

Aug 04, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Daniel Rodriguez Diaz. (Deputy Clerk JJD)

#6

Aug 06, 2026

MINUTE ORDER signed by District Judge Noel Wise on 8/6/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF 5 . Attorney Erin J. Radekin is hereby appointed as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Erin J. Radekin, Law Office of Erin J. Radekin, 2012 H Street, Suite 200, Sacramento, CA 95811, 916-504-3931, erinjradekin@gmail.com, as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 08/06/2026)

Aug 06, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#7

Aug 07, 2026

NOTICE of APPEARANCE by Erin J. Radekin on behalf of Daniel Rodriguez Diaz. (Radekin, Erin) (Entered: 08/07/2026)

#8

Aug 18, 2026

MOTION to DISMISS by Christopher Chestnut. (Attachments: # 1 Exhibit 1)(Weger, Shelley) (Entered: 08/18/2026)

#9

Aug 18, 2026

The Court GRANTS Respondents' Motion to Dismiss (ECF No. 8 ) and dismisses the instant petition as moot. Petitioner previously sought habeas relief in 1:26-cv-05726-TLN-CSK. The petition was granted on July 31, 2026, and Petitioner was released from detention that day. See ECF No. 8-1. "For a habeas petition to continue to present a live controversy after the petitioner's release or deportation... there must be some remaining 'collateral consequence' that may be redressed by success on the petition." Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007). "By contrast, where the grounds for habeas relief will not redress collateral consequences, a habeas petition does not continue to present a live controversy once the petitioner is released from custody." Id. Here, the habeas petition does not seek any relief beyond release from detention. See ECF No. 1 at 7. As such, the Court finds that there are no collateral consequences that would be addressed by an order on the habeas petition. The Clerk of the Court is directed to close this case. (Thomas, Julia) (Entered: 08/18/2026)

Aug 18, 2026

Minute Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case

Aug 24, 2026

MAIL RETURNED as Undeliverable, Unable to Forward: 5 Minute Order sent to Daniel Rodriguez Diaz. Notice of Change of Address due by 10/1/2026. (Deputy Clerk AW)

#10

Aug 25, 2026

MOTION PETITIONERS NON-OPPOSITION TO RESPONDENTS MOTION TO DISMISS by Daniel Rodriguez Diaz. (Radekin, Erin) (Entered: 08/25/2026)

Sep 08, 2026

MAIL RETURNED as Undeliverable, Not Deliverable as Addressed, Unable to Forward: 3 Immigration New Case Documents sent to Daniel Rodriguez Diaz. Notice of Change of Address due by 10/16/2026. (Deputy Clerk VAS)

Oct 06, 2026

Minute Order AND Order on Motion for Miscellaneous Relief