Eastern District of California • 1:26-cv-06213

#1

Aug 05, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Christopher Chestnut by Jose Renan Sorto-Portillo. (Deputy Clerk AKP) (Entered: 08/06/2026)

#2

Aug 05, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Renan Sorto-Portillo. (Deputy Clerk AKP) (Entered: 08/06/2026)

#3

Aug 05, 2026

MOTION to APPOINT COUNSEL by Jose Renan Sorto-Portillo. (Deputy Clerk AKP) (Entered: 08/06/2026)

#4

Aug 06, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AKP) (Entered: 08/06/2026)

#5

Aug 06, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/6/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Monday, 8/10/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 08/06/2026)

#6

Aug 06, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, Christopher Chestnut (Weger, Shelley) (Entered: 08/06/2026)

Aug 06, 2026

RECEIPT number 100009080 for $5.00 for Jose Renan Sorto-Portillo. (Deputy Clerk AKP)

Aug 06, 2026

Minute Order

Aug 06, 2026

Service by Mail

Aug 06, 2026

SERVICE BY MAIL: 5 Minute Order served on Jose Renan Sorto-Portillo. (Deputy Clerk PAB)

Aug 06, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Jose Renan Sorto-Portillo. (Deputy Clerk AKP)

#7

Aug 11, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/11/2026: On 8/5/2026, petitioner filed a motion for temporary restraining order in which he alleges that he was re-detained by Immigration and Customs Enforcement ("ICE") at a routine immigration check in on 6/17/2025. (Doc. No. 2 at 2.) Petitioner has not received a custody re-determination hearing since his re-detention on 6/17/2025. (Id.) Subsequently on 8/6/2026, the court set a briefing schedule on petitioner's motion and ordered respondent to file his opposition no later than 8/10/2026. (Doc. No. 5 .) Respondent's counsel noticed her appearance on 8/6/2026 (Doc. No. 6 ), but respondent has not filed an opposition to petitioner's motion for temporary restraining order as of the date of this order. Based on petitioner's statement that he was "re-detained" on 6/17/2025 at an ICE check-in, the court infers that petitioner was previously released by ICE. In light of petitioner's previous release, the court incorporates and adopts the reasoning set forth in its prior order Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), in which the court concluded that the petitioner's prior release by immigration authorities created a liberty interest in his continued release and his re-detention was unlawful absent pre-deprivation process. Accordingly, pursuant to the court's reasoning as stated in Ayala Cajina, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is GRANTED, and the court ORDERS the following: (1) Respondent is ORDERED to immediately release petitioner Jose Renan Sorto-Portillo, A-File No. 206-792-344, from respondent's custody on the conditions, if any, he was subject to prior to his re-detention on 6/17/2025; and (2) Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge, at which hearing respondents will bear the burden to demonstrate that petitioner is a danger to the community or a flight risk by clear and convincing evidence. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. This matter is referred to Magistrate Judge Chi Soo Kim for further proceedings. (Deputy Clerk PAB) (Entered: 08/11/2026)

Aug 11, 2026

Minute Order AND Order on Motion for TRO

Aug 11, 2026

Service by Mail

Aug 11, 2026

SERVICE BY MAIL: 7 Minute Order served on Jose Renan Sorto-Portillo. (Deputy Clerk PAB)

#8

Aug 13, 2026

ORDER signed by Magistrate Judge Chi Soo Kim on 8/13/2026 ORDERING that within 7 days of the date of this order, respondent shall file a status report to confirm that petitioner was released from custody as ordered by the district court. Respondent is directed to file an answer or motion to dismiss within 7 days from the date of this order. Respondent is warned that the failure to respond to the petition will be interpreted as non-opposition to granting the relief requested in the habeas petition. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondent's answer or motion to dismiss. A reply by respondent to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. (Deputy Clerk LMS) (Entered: 08/13/2026)

Aug 13, 2026

Service by Mail

Aug 13, 2026

SERVICE BY MAIL: 8 Order, served on Jose Renan Sorto-Portillo. (Deputy Clerk LMS)

#9

Aug 20, 2026

STATUS REPORT by Christopher Chestnut. (Weger, Shelley) (Entered: 08/20/2026)

#10

Aug 20, 2026

MOTION for EXTENSION OF TIME to respond to 1 Petition for Writ of Habeas Corpus by Christopher Chestnut. (Attachments: # 1 Proposed Order)(Weger, Shelley) Modified on 8/21/2026 (HAH). (Entered: 08/20/2026)

#11

Aug 24, 2026

ORDER signed by Magistrate Judge Chi Soo Kim on 8/24/2026 GRANTING respondents' 10 motion for extension of time. Respondents' response to the petition is due on or before 9/1/2026. (Deputy Clerk KLY) (Entered: 08/24/2026)

Aug 24, 2026

SERVICE BY MAIL: 11 Order on Motion served on Jose Renan Sorto-Portillo. (Deputy Clerk KLY)

Aug 24, 2026

MAIL RETURNED as Undeliverable, Unable to Forward: 7 Minute Order sent to Jose Renan Sorto-Portillo. Notice of Change of Address due by 10/1/2026. (Deputy Clerk AW)

Aug 24, 2026

MAIL RETURNED as Undeliverable, Unable to Forward: 8 Order sent to Jose Renan Sorto-Portillo. Notice of Change of Address due by 10/1/2026. (Deputy Clerk AW)

Aug 24, 2026

Service by Mail

#12

Sep 01, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Respondent Christopher Chestnut. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Weger, Shelley) Modified on 9/3/2026 (KS). (Entered: 09/01/2026)

Sep 02, 2026

MAIL RETURNED as Undeliverable, Not Deliverable as Addressed: 11 Order on Motion for Extension of Time sent to Jose Renan Sorto Portillo. Notice of Change of Address due by 10/13/2026. (Deputy Clerk MCF)

Sep 23, 2026

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