Eastern District of California • 1:26-cv-06447

#1

Aug 13, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Wilmer Ostos Novoa. (Deputy Clerk SZ) (Entered: 08/13/2026)

#2

Aug 13, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Wilmer Ostos Novoa. (Deputy Clerk SZ) (Entered: 08/13/2026)

#3

Aug 13, 2026

MOTION to APPOINT COUNSEL by Wilmer Ostos Novoa. (Deputy Clerk SZ) (Entered: 08/13/2026)

#4

Aug 13, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Wilmer Ostos Novoa. (Deputy Clerk SZ) (Entered: 08/13/2026)

#5

Aug 13, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 08/13/2026)

#6

Aug 13, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Christopher Chestnut (Rodriguez, Elisa) (Entered: 08/13/2026)

#7

Aug 13, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/13/2026: Pending the issuance of the court's order resolving the pending 4 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 4 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 has already entered Notices of Appearance. Respondents shall file a written opposition to the pending 4 motion for temporary restraining order by 5:00 PM on Monday, 8/17/2026. 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 Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); 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: 08/13/2026)

Aug 13, 2026

Minute Order

Aug 13, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Wilmer Ostos Novoa. (Deputy Clerk SZ)

Aug 13, 2026

Service by Mail

Aug 13, 2026

SERVICE BY MAIL: 7 Minute Order served on Wilmer Ostos Novoa. (Deputy Clerk PAB)

#8

Aug 17, 2026

MOTION to DISMISS 1 Petition for Writ of Habeas Corpus and OPPOSITION to 4 Motion for Temporary Restraining Order by Christopher Chestnut. (Rodriguez, Elisa) Modified on 8/25/2026 (KS). (Entered: 08/17/2026)

#9

Aug 19, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/19/2026: The court observes that petitioner may have a pending asylum application and presently possess work authorization that was issued on or about 8/1/2022 and is valid through 10/27/2028. (See Doc. No. 1 at 11.) Further, respondent has not provided any evidence to show that petitioner was provided with an initial custody determination. Accordingly, respondent is DIRECTED to file supplemental briefing with supporting documentation by 8/21/2026 at noon addressing: (1) whether petitioner has a pending asylum application; (2) whether petitioner presently has or was previously granted work authorization; and (2) whether petitioner received an initial custody determination. (Deputy Clerk PAB) (Entered: 08/19/2026)

Aug 19, 2026

Service by Mail

Aug 19, 2026

Minute Order

Aug 19, 2026

SERVICE BY MAIL: 9 Minute Order served on Wilmer Ostos Novoa. (Deputy Clerk PAB)

#10

Aug 21, 2026

SUPPLEMENTAL BRIEFING on 8 Motion to Dismiss and OPPOSITION to 4 Motion for Temporary Restraining Order by Christopher Chestnut. (Rodriguez, Elisa) Modified on 8/27/2026 (KS). (Entered: 08/21/2026)

Aug 24, 2026

MAIL RETURNED as Undeliverable, Not Deliverable as Addressed: 5 Immigration New Case Documents sent to Wilmer Ostos Novoa. Notice of Change of Address due by 10/1/2026. (Deputy Clerk MCF)

#11

Aug 25, 2026

ORDER signed by District Judge Dale A. Drozd on 8/25/2026 Petitioner's petition for writ of habeas corpus 1 as follows: Respondent is ORDERED to immediately release petitioner Wilmer Ostos Novoa, A-File No. 216-624-859, from respondent's custody; 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 respondent will bear the burden to demonstrate that petitioner is a danger to the community or a flight risk by clear and convincing evidence; Petitioner's motion to proceed in forma pauperis 2 is GRANTED; Petitioner's motion to appoint counsel 3 and motion for temporary restraining order 4 are DENIED as having been rendered moot by this order granting him habeas relief; Respondent's motion to dismiss 8 is DENIED; The Clerk of the Court is directed to serve the California City Detention Facility with a copy of this order; and The Clerk of the Court is also directed to enter judgment in favor of petitioner and to close this case. CASE CLOSED. (cc: ICE-California City Detention Facility) (Deputy Clerk LMS) (Entered: 08/25/2026)

#12

Aug 25, 2026

JUDGMENT dated *8/25/2026* pursuant to order signed by District Judge Dale A. Drozd on 8/25/2026. (cc: California City Detention Facility) (Deputy Clerk LMS) (Entered: 08/25/2026)

Aug 25, 2026

SERVICE BY MAIL: 11 Order, 12 Judgment served on Wilmer Ostos Novoa. (Deputy Clerk LMS)

Aug 25, 2026

Service by Mail

Sep 08, 2026

MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 11 Order to Terminate Civil Case and 12 Judgment sent to Wilmer Ostos Novoa. (Deputy Clerk DAR)