Eastern District of California • 1:26-cv-06244

#1

Aug 06, 2026

PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Ever Rueda-Irazabal. (Deputy Clerk DAR) (Entered: 08/07/2026)

#2

Aug 06, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Ever Rueda-Irazabal. (Deputy Clerk DAR) (Entered: 08/07/2026)

#3

Aug 07, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/07/2026)

#4

Aug 07, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/7/2026: 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: 08/07/2026)

#5

Aug 07, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Christopher Chestnut (Yu, Jonathan) (Entered: 08/07/2026)

#6

Aug 07, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/7/2026: Petitioner, an immigration detainee proceeding in pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. In accordance with the above, IT IS HEREBY ORDERED that: 1. Within seven days of the date of service of this order, respondent must file a response to the petition. 2. A response may be one of the following: A. An answer addressing the merits of the petition. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. B. A motion to dismiss the petition. 3. Within seven days of the date of service of this order, respondent must file any documents necessary for resolving the issues presented in the petition. 4. If respondent files an answer to the petition, petitioner may file a traverse within seven days of the date of service of respondent's answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 5. If respondent moves to dismiss, petitioner must file an opposition or statement of non-opposition within seven days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within seven days after the opposition is served. The motion to dismiss will be considered submitted twenty-one days after the service of the motion or when the reply is filed, whichever comes first. See Local Rule 230(l). Petitioner's motion to proceed in forma pauperis, ECF No. 2, is GRANTED. (Text Only Entry). (Deputy Clerk NAC) (Entered: 08/07/2026)

Aug 07, 2026

Minute Order

Aug 07, 2026

SERVICE BY MAIL: 6 Minute Order served on Ever Rueda-Irazabal. (Deputy Clerk NAC)

Aug 07, 2026

SERVICE BY MAIL: 4 Minute Order served on Ever Rueda-Irazabal. (Deputy Clerk MDK)

Aug 07, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Ever Rueda-Irazabal. (Deputy Clerk DAR)

Aug 07, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis

Aug 07, 2026

Service by Mail

#7

Aug 13, 2026

REPLY by Christopher Chestnut. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) Modified on 8/17/2026 (HAH). (Entered: 08/13/2026)

#8

Aug 21, 2026

NOTICE of CHANGE of ADDRESS to 1473 Dogwood St., Unit APT 308, Park City, Utah 84098 by Ever Rueda-Irazabal. (Deputy Clerk DAR) (Entered: 08/24/2026)

#10

Aug 21, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk AJB) (Entered: 08/24/2026)

#9

Aug 24, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 8/24/2026 RECOMMENDING that The petition for writ of habeas corpus, 1, be GRANTED. Respondent be ordered to immediately release petitioner (A-Number: 246- 656-483) from their custody on the same conditions as his prior release. Respondent shall not impose any additional restrictions on petitioner, unless that is determined to be necessary at a future pre-deprivation hearing. If the government seeks to re-detain petitioner, it must provide no less than seven days' notice to petitioner and must hold a constitutionally compliant pre- deprivation bond hearing before a neutral arbiter at which the government bears the burden of proving flight risk or danger by clear and convincing evidence. This order does not address the circumstances in which respondent may detain petitioner in the event petitioner becomes subject to an executable final order of removal. The Clerk of Court be directed to serve California City Detention Facility with a copy of this order. The Clerk of Court be ordered to enter judgment accordingly and close this case. Objections to these F&Rs due within seven days. (Deputy Clerk LMS) (Entered: 08/24/2026)

Aug 24, 2026

Service by Mail

Aug 24, 2026

SERVICE BY MAIL: 9 Findings and Recommendations, served on Ever Rueda-Irazabal. (Deputy Clerk LMS)

#11

Aug 25, 2026

CLERK'S NOTICE re petitioner's 8 Notice of Change of Address: Pursuant to chambers' request petitioner's address remains California City. Confirmed with ICE locator. (Text Only Entry) (Deputy Clerk KLY) (Entered: 08/25/2026)

#12

Aug 31, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 9 by Respondent Christopher Chestnut. (Yu, Jonathan) (Entered: 08/31/2026)

#13

Sep 01, 2026

RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 8/31/2026 ADOPTING in full the 9 findings and recommendations filed 8/24/2026 and GRANTING the 1 petition for writ of habeas corpus. Respondents must IMMEDIATELY RELEASE Petitioner Ever R.I. (A# 246-656-483) from custody on the same conditions as his prior release. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall not impose any additional restrictions on Petitioner, unless that is determined to be necessary at a future pre-deprivation hearing. Respondents shall file a notice of compliance with this provision of the Court's Order 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, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents show by clear and convincing evidence that the government's interest in protectingthe public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. See Zadvydas v. Davis, 533 U.S. 678, 690 (2001); Hernandez v. Sessions, 872 F.3d 976, 990 (9th Cir. 2017). At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court is directed to serve California City Detention Facility witha copy of this Order, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY) (Entered: 09/01/2026)

#14

Sep 01, 2026

JUDGMENT dated *9/1/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/31/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 09/01/2026)

Sep 01, 2026

SERVICE BY MAIL: 13 Release Order, 14 Judgment served on Ever Rueda-Irazabal. (Deputy Clerk KLY)

Sep 01, 2026

Service by Mail

#15

Sep 02, 2026

NOTICE OF COMPLIANCE re 13 Order Adopting Findings and Recommendations,,,,,,, Findings and Recommendations (Order),,,,,, by Christopher Chestnut. (Yu, Jonathan) (Entered: 09/02/2026)