Eastern District of California • 1:26-cv-09059

(HC) Orellana Moreno v. Chestnut

Active

Case Information

Filed: November 02, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: November 05, 2026
Parties: View All Parties →

Docket Entries

#1
Nov 02, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Rolando Arturo Orellana Moreno. (Filing fee $ 5, receipt number ACAEDC-14095778) (Attachments: # 1 Exhibit) (Barhoum, Ann) (Entered: 11/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Nov 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rolando Arturo Orellana Moreno. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Proposed Order, # 4 TRO Worksheet) (Barhoum, Ann) (Entered: 11/02/2026)
Main Document: Temporary Restraining Order
#3
Nov 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 11/02/2026)
Main Document: Immigration New Case Documents
#4
Nov 03, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 11/3/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 11/5/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Alvarez Maciel, and Barajas Ortiz. Petitioner may file a Reply by 12:00 PM on 11/6/2026. Both parties should address whether they oppose the court ruling directly on the Petition. Respondents are further directed to include in their response: (i) the detention authority identified by or relied upon by the detaining agency at the time of detention; (ii) all documentation and evidence verifying that basis for detention and reflecting the steps the detaining agency took to comply with the procedural requirements of that detention authority; and (iii) all documentation, if any, reflecting whether and when Petitioner received notice of that basis for detention. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 12:00 PM on 11/3/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 11/03/2026)
Nov 03, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Nov 05, 2026
Opposition to Motion
Main Document: Opposition to Motion