Eastern District of California • 1:25-cv-01992

(HC) Murcia Restrepo v. Chestnut

Active

Case Information

Filed: December 23, 2025
Assigned to: Jennifer L. Thurston
Referred to: Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: January 05, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 23, 2025
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Karen Dayana Murcia Restrepo. (Filing fee $ 5, receipt number ACAEDC-12700650) (Beles, Robert) (Entered: 12/23/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Dec 23, 2025
CIVIL COVER SHEET filed by Karen Dayana Murcia Restrepo. (Beles, Robert) (Entered: 12/23/2025)
Main Document: CIVIL
#3
Dec 23, 2025
Temporary Restraining Order
Main Document: Temporary Restraining Order
#4
Dec 23, 2025
ORDER RE CONSENT ISSUED. Consent or Decline due within thirty (30) days. (Deputy Clerk OFR) (Entered: 12/23/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Dec 23, 2025
CERTIFICATE / PROOF of SERVICE by Karen Dayana Murcia Restrepo re 1 Petition for Writ of Habeas Corpus. (Beles, Robert) (Entered: 12/23/2025)
Main Document: Certificate / Proof of Service
#6
Dec 26, 2025
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Beles, Robert) (Entered: 12/26/2025)
Main Document: CONSENT/DECLINE
#7
Dec 29, 2025
MINUTE ORDER (Text Entry Only) The Court has reviewed the papers filed thus far in this matter, including the Petition (Doc. 1 ) and motion for a temporary restraining order (Doc. 3 ). The record indicates that Petitioner entered the United States with inspection seeking asylum in March 2023, was briefly detained, and was released on her own recognizance shortly thereafter with a notice to appear for removal proceedings in immigration court. (Doc. 1, para. 2.) On October 30, 2025, more than seven weeks ago, she was then re-detained during a routine ICE visit, purportedly because she was in violation of the conditions of her release. (Id., para. 4.) The record provides no cogent explanation for the delayed presentation of the claim and thus the Court does not believe the circumstances justify treatment of the motion on shortened time. Accordingly, the TRO is DENIED.See Local Rule 231(b). However, based on the record filed thus far, Petitioner has at least raised serious questions as to the lawfulness of her continued detention, so the matter will be converted to a motion for preliminary injunction, with response and reply deadlines set forth below, and will be referred to the assigned magistrate judge.Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than January 14, 2026 why the Court should not grant Petitioners motion for a preliminary injunction. Any response SHALL provide the Court with copies of all referenced/relevant portions of Petitioners A-File and other supporting documents.. (These documents need not be redacted given that they will be filed under Restricted status.) Petitioner may file a reply no later than January 23, 2026.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 circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief.No later than December 29, 2025, 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 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 December 29, 2025. (Deputy Clerk IM) (Entered: 12/29/2025)
Dec 29, 2025
Order on Motion for TRO
#10
Jan 05, 2026
Consent Order Reassigning Case to Magistrate Judge
Main Document: Consent Order Reassigning Case to Magistrate Judge