Eastern District of California • 1:25-cv-02005

(HC) Ermis v. Chestnut

Completed

Case Information

Filed: December 26, 2025
Assigned to: Daniel J. Calabretta
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: February 27, 2026
Last Activity: February 27, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 26, 2025
Petition for Writ of Habeas Corpus
Main Document: Petition for Writ of Habeas Corpus
#2
Dec 26, 2025
Temporary Restraining Order
Main Document: Temporary Restraining Order
#3
Dec 26, 2025
CIVIL COVER SHEET filed by Helin Ermis. (Beles, Robert) (Entered: 12/26/2025)
Main Document: CIVIL
#4
Dec 26, 2025
Prisoner New Case Documents for DJ Presider
Main Document: Prisoner New Case Documents for DJ Presider
#5
Dec 26, 2025
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#6
Dec 26, 2025
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/26/2025: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised therein appear to mirror those previously addressed by the Court in many prior cases. See Singh v. Andrews, No. 1:25-cv-01543-DJC-SCR; Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Souza v. Robbins, No. 1:25-cv-01597-DJC-JDP. On or before December 30, 2025, Respondents are ordered to show cause as to whether there are any factual or legal issues in this case that render it distinct from the Court's prior orders in the cases listed above and would justify denial of Preliminary Injunction. Respondents should also state whether they oppose this Court converting the Motion for Temporary Restraining Order to a Motion for Preliminary Injunction. Petitioner may follow a reply on or before December 31, 2025 at noon. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. Petitioners counsel is DIRECTED to send a copy of the petition to the US Attorneys Office by December 27, 2025 by noon, at their email usacae.ecf2241-imm@usdoj.gov. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 12/26/2025)
Dec 26, 2025
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Dec 30, 2025
OPPOSITION by Pam Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem to 2 Motion for Temporary Restraining Order. Attorney Olsen, Edward Alan added. (Olsen, Edward) (Entered: 12/30/2025)
Main Document: Opposition to Motion
#8
Dec 30, 2025
REPLY by Helin Ermis re 7 Opposition to Motion. (Beles, Robert) (Entered: 12/30/2025)
Main Document: REPLY
#9
Dec 31, 2025
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/31/2025: In light of Respondents' concession that there are no factual or legal issues in this case that render this case distinct from the prior cases cited in the Court's prior minute order (see ECF No. 7 at 3) and for the reasons stated in the orders in those prior cases, IT IS HEREBY ORDERED that Petitioner's Motion for Temporary Restraining Order (ECF No. 2 ) is converted to a Motion for Preliminary Injunction and is GRANTED. Respondents are ORDERED to immediately release Petitioner Helen Ermis from their custody. Respondents shall not impose any additional restrictions on her, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, pre-deprivation notice describing the change of circumstances necessitating her arrest and detention, and a timely hearing. At any such hearing, the Government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight, and Petitioner shall be allowed to have her counsel present. The merits of this matter are REFERRED to the assigned Magistrate Judge for all further pretrial proceedings. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 12/31/2025)
Dec 31, 2025
Minute Order AND Order on Motion for TRO
#10
Jan 05, 2026
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: 01/05/2026)
Main Document: CONSENT/DECLINE
#11
Feb 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/2/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus. Respondent is GRANTED 7 (seven) days within which to inform the court whether Respondent intends to stand on the record as is or if Respondent wishes to present further briefing and evidence. If Respondent elects to stand on the existing record, the 1 Petition for Writ of Habeas Corpus will be deemed submitted to the court for decision. (Text Only Entry) (Deputy Clerk LMK) (Entered: 02/02/2026)
#12
Feb 02, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Olsen, Edward) Modified on 2/6/2026 (KS). (Entered: 02/02/2026)
Main Document: ANSWER
#13
Feb 02, 2026
NOTICE of SUBMISSION by Helin Ermis. (Beles, Robert) Modified on 2/6/2026 (KS). (Entered: 02/02/2026)
Main Document: NOTICE
Feb 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#14
Feb 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/10/2026: Petitioner is proceeding with a 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 challenging arrest and detention by ICE. The district court has ordered, by way of preliminary injunctive relief, Petitioner's release and that rearrest not occur absent certain protections. Prior to arrest, Petitioner was released into the United States by ICE premised upon either an explicit or implicit finding that Petitioner was not dangerous or a flight risk. While on release, Petitioner did not commit any crimes, materially complied with conditions of release and petitioner is not subject to an order of removal. Considering all of these factors, and consistent with the court's rulings in Martinez v. Chestnut, 1:25-cv-1826 TLN CKD P, ECF No. 14 ; Rebolledo v. Chestnut, 1:25-cv-1904 CKD P, ECF No. 15 ; and Esteban-Escalante v. Warden, Mesa Verde ICE Processing Center, 1:26-cv-0096 DC CKD P, ECF No. 10, the court finds Petitioner's Fifth Amendment right to due process was violated, RECOMMENDS THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE GRANTED, THE PRELIMINARY INJUNCTIVE RELIEF PREVIOUSLY GRANTED BE MADE PERMANENT and THIS CASE BE CLOSED. These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven (7) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within seven (7) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Text Only Entry) (Deputy Clerk LMK) (Entered: 02/10/2026)
Feb 10, 2026
Findings and Recommendations AND Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
Feb 16, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#16
Feb 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Pam Bondi,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Todd M. Lyons,Anthony Andrews for Kristi Noem, attorney Edward Alan Olsen, GOVT terminated (Andrews, Anthony) (Entered: 02/26/2026)
Main Document: DESIGNATION
#17
Feb 27, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#18
Feb 27, 2026
Judgment
Main Document: Judgment