Eastern District of California • 1:26-cv-06402

(HC) Cano v. Chestnut

Active

Case Information

Filed: August 11, 2026
Assigned to: Dena M. Coggins
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 28, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 11, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Jasuncion Cano. (Deputy Clerk DAR) (Entered: 08/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 11, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jasuncion Cano. (Deputy Clerk DAR) (Entered: 08/12/2026)
Main Document: Temporary Restraining Order
#3
Aug 12, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/12/2026)
Main Document: Immigration New Case Documents
#4
Aug 12, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Christopher Chestnut (Williams, Jonathan) (Entered: 08/12/2026)
Main Document: DESIGNATION
#5
Aug 12, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/12/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (see, e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)), and where noncitizens were detained by immigration authorities to facilitate removal pursuant to a removal order (See, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025); Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025)). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 8/14/2026. In their response, Respondents shall indicate whether Petitioner was previously released from immigration custody, and whether Petitioner is in active removal proceedings and, if so, what the status of those proceedings are, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's applicable orders cited above. Petitioner may file a Reply by 8/28/2026. Finally, the court is contemplating ruling directly on the 1 Petition. See A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Both parties shall address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/12/2026)
Aug 12, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Aug 12, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Jasuncion Cano. (Text Only Entry) (Deputy Clerk CRS)
Aug 12, 2026
Service by Mail
Aug 12, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Jasuncion Cano. (Deputy Clerk DAR)
#6
Aug 14, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and RESPONSE to 2 Motion for Temporary Restraining Order by Christopher Chestnut. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Williams, Jonathan) Modified on 8/24/2026 (KS). (Entered: 08/14/2026)
Main Document: ANSWER
#7
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 DAR) (Entered: 08/24/2026)
Main Document: CONSENT/DECLINE
#8
Aug 31, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/31/2026: In Respondents' 6 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents contend that Petitioner became subject to a final removal order on 7/11/2026, after Petitioner failed to timely appeal his order of removal. Respondents attach Petitioner's [6-3] order of removal indicating that Petitioner's appeal was due on 7/10/2026 and an order from the Board of Immigration Appeals rejecting Petitioner's untimely appeal. Accordingly, Respondents contend that Petitioner is subject to mandatory detention during his 90-day removal period pursuant to 8 U.S.C. § 1231(a). See 8 U.S.C. § 1231(a)(2)(A) (stating that the government "shall detain the alien" during 90-day removal period following finalization of removal order). Petitioner did not file a reply rebutting Respondents' assertions and his time to do so has expired. Accordingly, Petitioner has not demonstrated a likelihood of success on the merits of his claim that his continued detention violates his constitutional or statutory rights, therefore Petitioner's 2 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/31/2026)
#9
Aug 31, 2026
STATUS REPORT by Christopher Chestnut. (Williams, Jonathan) (Entered: 08/31/2026)
Main Document: STATUS
Aug 31, 2026
Service by Mail
Aug 31, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Aug 31, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 8, served on Jasuncion Cano. (Text Only Entry) (Deputy Clerk CRS)
#10
Sep 02, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 9/2/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be denied as moot based on Petitioner's removal from the United States and that the Clerk of the Court be directed to enter judgment for Respondent and to close this case. Referred to Judge Dena M. Coggins. Objections to these Findings and Recommendations are due within 14 days after being served with these Findings and Recommendations. (Deputy Clerk OML) (Entered: 09/02/2026)
Main Document: Findings and Recommendations
Sep 02, 2026
Service by Mail
Sep 02, 2026
SERVICE BY MAIL: 10 Findings and Recommendations served on Jasuncion Cano. (Deputy Clerk OML)
#11
Sep 28, 2026
ORDER signed by District Judge Dena M. Coggins on 9/25/2026 ADOPTING 10 Findings and Recommendations; DENYING as moot 1 application for writ of habeas corpus based on Petitioner's removal from the United States. CASE CLOSED. (Deputy Clerk KEZ)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#12
Sep 28, 2026
Judgment
Main Document: Judgment
Sep 28, 2026
Service by Mail

Parties

Chestnut
Party
(HC) Cano
Party