Eastern District of California • 1:26-cv-06502

(HC) Khoury v. Chestnut

Active

Case Information

Filed: August 16, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 16, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Marcos Charles, Christopher Chestnut, CoreCivic, Inc., Orestes Cruz, Markwayne Mullin by Charbel Massoud Khoury. (Filing fee $ 5, receipt number ACAEDC-13736147) (Attachments: # 1 Exhibit O through CC and Declaration of Counsel, # 2 Civil Cover Sheet)(Wang, Chien-Yu) (Entered: 08/16/2026)
Main Document: PETITION
#2
Aug 16, 2026
MOTION for TEMPORARY RESTRAINING ORDER, MOTION for PRELIMINARY INJUNCTION by Charbel Massoud Khoury. (Attachments: # 1 Brief re TRO & PI, # 2 Affidavit re Irreparable Injury and Exhibits B-N, # 3 Affidavit of Efforts to Effect Notice, # 4 Proposed Order for PI, # 5 Proposed Order for TRO, # 6 TRO Checklist)(Wang, Chien-Yu) (Entered: 08/16/2026)
Main Document: MOTION
#3
Aug 17, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/17/2026)
Main Document: Immigration New Case Documents
#4
Aug 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Marcos Charles,Elisa M. Rodriguez for Christopher Chestnut,Elisa M. Rodriguez for Orestes Cruz,Elisa M. Rodriguez for Markwayne Mullin (Rodriguez, Elisa) (Entered: 08/17/2026)
Main Document: DESIGNATION
#5
Aug 17, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/17/2026: 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). Further, this court has previously addressed the legal issues raised by Count Two of the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. 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."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); 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). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 8/19/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Alvarez Maciel, and Barajas Ortiz. Petitioner may file a Reply by 12:00 PM on 8/20/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count Two only, to the extent a ruling on that Count entitles Petitioner to the relief sought in 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: 08/17/2026)
Aug 17, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Aug 19, 2026
Dismiss
Main Document: Dismiss
#7
Aug 20, 2026
Traverse
Main Document: Traverse

Parties

Chestnut
Party
(HC) Khoury
Party