Eastern District of California • 1:26-cv-06559
(HC) Amador Avila v. Chestnut
Completed
Case Information
Filed: August 17, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Completed: September 09, 2026
Last Activity:
September 09, 2026
Parties:
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Docket Entries
#1
Aug 17, 2026
PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Todd Blanche, Christopher Chestnut, Markwayne Mullin by Yesenia Liset Amador Avila. (Filing fee $ 5, receipt number ACAEDC-13742746) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 08/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Yesenia Liset Amador Avila. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 Trochecklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 08/17/2026)
Main Document:
Temporary Restraining Order
#3
Aug 17, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 08/17/2026)
Main Document:
Immigration New Case Documents
#4
Aug 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Moises Becerra,Anthony Andrews for Todd Blanche,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Markwayne Mullin (Andrews, Anthony) (Entered: 08/18/2026)
Main Document:
DESIGNATION
#5
Aug 18, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 8/18/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file a response to the 1 petition by August 25, 2026. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). (gm) (Entered: 08/18/2026)
Aug 18, 2026
Minute Order
#6
Sep 03, 2026
MOTION to DISMISS by Moises Becerra, Todd Blanche, Christopher Chestnut, Markwayne Mullin. (Andrews, Anthony) (Entered: 09/03/2026)
Main Document:
Dismiss
#7
Sep 09, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/9/2026: (Text Only Entry). The 1 petition for writ of habeas corpus is denied without prejudice. Petitioner seeks a bond redetermination hearing under 8 U.S.C. § 1226(a). Doc. 1 at 1-2. Respondents concede that petitioner is detained pursuant to § 1226(a) and entitled to a bond hearing. Doc. 6 at 3. But petitioner has failed to exhaust her administrative remedies because she has not requested a bond hearing. Id. at 2. Respondents note petitioner is "free to request a bond hearing before the immigration court by making a motion to the immigration court." Id. at 3. Prudential exhaustion is warranted here as requiring exhaustion would likely allow the agency to address the detention issue without the need for judicial review. See Okoth v. Kaiser, No. 1:25-cv-01936-KES-SAB, 2026 WL 45199, at *3-4 (E.D. Cal. Jan. 7, 2026). The Clerk of Court is directed to close this case and terminate any remaining motions as moot. (gm) (Entered: 09/09/2026)
#8
Sep 09, 2026
JUDGMENT dated *9/9/2026* pursuant to order 7 . (Deputy Clerk JPX) (Entered: 09/09/2026)
Main Document:
Judgment AND ~Util - Terminate Civil Case
Sep 09, 2026
Minute Order
Parties
Chestnut
Party
(HC) Amador Avila
Party