Eastern District of California • 1:26-cv-06551

(HC) Gaitan-Hernandez v. Chestnut

Active

Case Information

Filed: August 18, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 21, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 18, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Christopher Chestnut, Markwayne Mullin, David Venturella by Jose Manuel Gaitan-Hernandez. (Filing fee $ 5, receipt number ACAEDC-13749797) (Attachments: # 1 Exhibit I-94, # 2 Exhibit NTA)(Monsalve, Alejandro) (Entered: 08/18/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 18, 2026
CIVIL COVER SHEET filed by Jose Manuel Gaitan-Hernandez. (Monsalve, Alejandro) (Entered: 08/18/2026)
Main Document: CIVIL
#3
Aug 18, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Manuel Gaitan-Hernandez. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 08/18/2026)
Main Document: Temporary Restraining Order
#4
Aug 18, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk JPX) (Entered: 08/18/2026)
Main Document: Immigration New Case Documents
#5
Aug 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Christopher Chestnut,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for David J. Venturella (Rodriguez, Elisa) (Entered: 08/18/2026)
Main Document: DESIGNATION
#6
Aug 19, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 3 ). Based on the current record, it appears Petitioner (A File #: 215-975-298) is likely to succeed on at least one of his claims and that some form of immediate relief may be appropriate. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than August 24, 2026, why the Court should not grant Petitioner's motion for a temporary restraining order. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (including the I-213) and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a reply no later than August 31, 2026. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing; and (3) whether they request additional briefing on the merits of the petition. Depending on the content of the filings, the Court may set a hearing or may rule on the papers.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing, to preserve the Court's jurisdiction and to preserve Petitioner's access to the Court and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. No later than close of business tomorrow, to the extent not already accomplished, Petitioner's counsel is directed: (1) to serve Respondents with a copy of the Petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this Order, by e-mail (noting Petitioner's name and A-File number in the memo line) to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on August 19, 2026. (Deputy Clerk IM) (Entered: 08/19/2026)
Aug 19, 2026
Minute Order
#7
Aug 21, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service

Parties

Chestnut
Party
(HC) Gaitan-Hernandez
Party