Eastern District of California • 1:26-cv-06439

(HC) Da Silva Santos v. Chestnut

Active

Case Information

Filed: August 13, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 10, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 13, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Roberto Da Silva Santos. (Deputy Clerk DAR) (Entered: 08/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 13, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Roberto Da Silva Santos. (Deputy Clerk DAR) (Entered: 08/14/2026)
Main Document: In Forma Pauperis
#3
Aug 13, 2026
MOTION to APPOINT COUNSEL by Roberto Da Silva Santos. (Deputy Clerk DAR) (Entered: 08/14/2026)
Main Document: Appoint Counsel
#4
Aug 14, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/14/2026)
Main Document: Immigration New Case Documents
#5
Aug 14, 2026
[DISREGARD SEE ECF 6] MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/14/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, 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). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting 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 RAA) *Modified on 8/14/2026 (RAA). (Entered: 08/14/2026)
#6
Aug 14, 2026
[AMENDED] MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/14/2026: 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 RAA) (Entered: 08/14/2026)
#7
Aug 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Christopher Chestnut (Disparte, Quinn) (Entered: 08/14/2026)
Main Document: DESIGNATION
Aug 14, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Roberto Da Silva Santos. (Deputy Clerk DAR)
Aug 14, 2026
SERVICE BY MAIL: 6 Minute Order served on Roberto Da Silva Santos. (Deputy Clerk RAA)
Aug 14, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 14, 2026
Minute Order
Aug 14, 2026
SERVICE BY MAIL: 5 Minute Order served on Roberto Da Silva Santos. (Deputy Clerk RAA)
Aug 14, 2026
Service by Mail
Aug 17, 2026
Service by Mail
Aug 18, 2026
Service by Mail
Aug 18, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
#11
Sep 04, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 9/3/2026 DENYING 3 Motion to Appoint Counsel as moot. It is HEREBY RECOMMENDED that the 1 Petition for Writ of Habeas Corpus be granted and that Respondent be ordered to immediately release petitioner from its custody. If the government seeks to re-detain petitioner, it must provide no less than 7-days' notice to petitioner and must hold a pre-deprivation bond hearing before an immigration judge a t which the government shall bear the burden of justifying petitioner's detention by clear and convincing evidence. The Clerk of the Court be ordered to enter judgment accordingly and close this case. Referred to Judge Troy L. Nunley. Objections to these Findings and Recommendations are due within 3 days of service of these Findings and Recommendations. (Deputy Clerk OML)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
Sep 04, 2026
Service by Mail
#12
Sep 08, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#13
Sep 09, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 9/8/2026 ADOPTING 11 Findings and Recommendations in full and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ordered to IMMEDIATELY RELEASE Petitioner Roberto Da Silva Santos 221-370-695 from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall file a notice of compliance with this provision of the Court's Order within 2 days from the date of this Order. Respondents are ENJOINED from re-detaining Petitioner, absent compliance with statutory and constitutional protections. CASE CLOSED. (cc ICE California City) (Deputy Clerk OML)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#14
Sep 09, 2026
Judgment
Main Document: Judgment
Sep 09, 2026
Service by Mail
#15
Sep 10, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

Chestnut
Party
(HC) Da Silva Santos
Party