Eastern District of California • 1:26-cv-07137
(HC) Karegeya v. Chestnut
Active
Case Information
Filed: September 07, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 08, 2026
Parties:
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Docket Entries
#1
Sep 07, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Elvis Karegeya. (Filing fee $ 5, receipt number ACAEDC-13836415) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Gaime, Haregu) (Entered: 09/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Elvis Karegeya. (Attachments: # 1 Notice TRO Checklist)(Gaime, Haregu) (Entered: 09/07/2026)
Main Document:
Temporary Restraining Order
#3
Sep 07, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk RMG) (Entered: 09/07/2026)
Main Document:
Immigration New Case Documents
#4
Sep 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for Todd W. Blanche,Carmen Idalia Paniagua for Christopher Chestnut,Carmen Idalia Paniagua for Orestes L. Cruz,Carmen Idalia Paniagua for Markwayne Mullin,Carmen Idalia Paniagua for David J. Venturella (Paniagua, Carmen) (Entered: 09/08/2026)
Main Document:
DESIGNATION
#5
Sep 08, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/8/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner's prior release from custody created a liberty interest that entitles Petitioner to pre-deprivation notice and opportunity to be heard. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD; see also M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. Respondents are ORDERED TO SHOW CAUSE on or before September 11, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release based on the violation of Petitioner's due process rights by filing a return as provided in 28 U.S.C. § 2243. Petitioner may file a reply on or before September 14, 2026. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. The Court also notes that in filing the Motion for Temporary Restraining Order, Counsel for Petitioner certified under Fed. R. Civ. P. 11 that the motion was an emergency. While any alleged unlawful detention is cause for serious concern, this case reflects a fact pattern that is common in the more than 650 habeas cases filed in this district each month, and a designation of each of them as an "emergency" would prevent the Court from responding to true emergencies, such as when a Petitioner is imminently being transferred to a third party country, at which point the Court could lose jurisdiction. Counsel is cautioned that any future filings that are erroneously designated as requiring emergency after-hours action may result in sanctions under Rule 11. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/08/2026)
Sep 08, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings