Eastern District of California • 2:26-cv-00925

(HC) Hernandez Juarez v. Chestnut

Completed

Case Information

Filed: March 16, 2026
Assigned to: Dale Alan Drozd
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 13, 2026
Last Activity: July 13, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 16, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Esvin Haroldo Hernandez Juarez. (Deputy Clerk KEZ) (Entered: 03/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/20/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KEZ) (Entered: 03/17/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Mar 18, 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. (Anonymous) (Entered: 03/18/2026)
Main Document: CONSENT/DECLINE
Mar 18, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Esvin Haroldo Hernandez Juarez. (Deputy Clerk KEZ)
Mar 18, 2026
Service by Mail
#5
Mar 30, 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. (Deputy Clerk JAW) (Entered: 04/02/2026)
Main Document: CONSENT/DECLINE
#4
Mar 31, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 31, 2026
Service by Mail
Mar 31, 2026
SERVICE BY MAIL: 4 Order and IFP form served on Esvin Haroldo Hernandez Juarez. (Deputy Clerk AMW)
#6
Apr 07, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#7
May 01, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/1/2026: On 4/7/2026, respondent filed an answer to the petition, stating that petitioner was granted voluntary departure by 4/27/2026. (ECF No. 6 .) The parties are ordered to file status reports no later than 5/7/2026 addressing the status of petitioner's custody. (Text Only Entry). (Deputy Clerk NAC) (Entered: 05/01/2026)
May 01, 2026
SERVICE BY MAIL: 7 Minute Order served on Esvin Haroldo Hernandez Juarez. (Deputy Clerk NAC)
May 01, 2026
Minute Order
May 01, 2026
Service by Mail
#8
May 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Haddy Abouzeid, GOVT for Christopher Chestnut, attorney Lauren Black, GOVT terminated (Abouzeid, Haddy) (Entered: 05/05/2026)
Main Document: DESIGNATION
#9
May 08, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/8/2026: On 5/1/2026, the court ordered the parties to file status reports no later than 5/7/2026 addressing the status of petitioner's custody. (ECF No. 7 .) To date, neither party has filed a status report. Accordingly, the parties are hereby ORDERED to file the status reports contemplated by ECF No. 7 no later than 5/11/2026. Failure to do so may result in sanctions. (Text Only Entry). (Deputy Clerk NAC) (Entered: 05/08/2026)
May 08, 2026
Service by Mail
May 08, 2026
Minute Order
May 08, 2026
SERVICE BY MAIL: 9 Minute Order served on Esvin Haroldo Hernandez Juarez. (Deputy Clerk NAC)
#10
May 11, 2026
STATUS REPORT by Christopher Chestnut. (Attachments: # 1 Exhibit 1)(Abouzeid, Haddy) (Entered: 05/11/2026)
Main Document: STATUS
#11
May 12, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/12/2026: On 3/16/2026, petitioner initiated this action to challenge his detention and seek release. See ECF No. 1 at 6-7. Respondent has provided evidence that, on 4/11/2026, petitioner voluntarily departed the United States. See ECF No. 10 -1. In light of this development, petitioner is hereby ordered to file a reply, within seven days of service of this order, that addresses whether his petition is moot. The court will construe petitioner's failure to file a timely reply as his acquiescence to the petition being moot by way of his voluntary departure. (Text Only Entry). (Deputy Clerk NAC) (Entered: 05/12/2026)
May 12, 2026
MAIL RETURNED as Undeliverable, Not Deliverable as Addressed: 7 Minute Order, sent to Esvin Haroldo Hernandez Juarez. Notice of Change of Address due by 6/22/2026. (Deputy Clerk MCF)
May 12, 2026
Minute Order
May 12, 2026
Service by Mail
May 12, 2026
SERVICE BY MAIL: 11 Minute Order served on Esvin Haroldo Hernandez Juarez. (Deputy Clerk NAC)
May 18, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed: 9 Minute Order sent to Esvin Haroldo Hernandez Juarez. Notice of Change of Address due by 6/25/2026. (Deputy Clerk JRM)
May 21, 2026
MAIL RETURNED as Undeliverable, RTS–not deliverable as addressed; unable to forward (NSW): 11 Minute Order sent to Esvin Haroldo Hernandez Juarez 221-489-575. Notice of Change of Address due by 6/29/2026. (Deputy Clerk GJM)
#12
May 27, 2026
FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 5/27/2026: On 3/16/2026, petitioner filed a petition for writ of habeas corpus. (ECF No. 1 .) On 4/7/2026, respondent filed an answer stating that petitioner was granted voluntary departure by an immigration judge. (ECF No. 6 at 2.) On May 11, 2026, respondent filed a status report indicating that petitioner voluntarily departed from the United States on April 11, 2026. (ECF No. 10 .) ICE's Online Detainee Locator System has no record for a detainee with petitioner's A-Number and country of birth, and mail to petitioner at his detention center has been returned as undeliverable. On 5/12/2026, the court ordered petitioner to file, no later than 5/19/2026, a reply addressing whether his petition is moot. (ECF No. 11 .) To date, petitioner has not complied with that order, which the court construes as his "acquiescence to the petition being moot by way of his voluntary departure." (Id.) Moreover, "[a] party, not the district court, bears the burden of keeping the court apprised of any changes in his mailing address." Carey v. King, 856 F.2d 1439, 1441 (9th Cir. 1988); see also Local Rule 183. By failing to comply with a court order and not updating his address, petitioner has failed to prosecute this action. "The authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an 'inherent power,' governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Link v. Wabash R. Co., 370 U.S. 626, 630-631 (1962). "Accordingly, when circumstances make such action appropriate, a District Court may dismiss a complaint for failure to prosecute even without affording notice of its intention to do so or providing an adversary hearing before acting." Id. at 633. Accordingly, it is hereby RECOMMENDED that this action be dismissed without prejudice. 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 fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of 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. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 05/27/2026)
May 27, 2026
SERVICE BY MAIL: 12 Findings and Recommendations served on Esvin Haroldo Hernandez Juarez. (Deputy Clerk NAC)
May 27, 2026
Service by Mail
May 27, 2026
Findings and Recommendations
#13
Jun 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Robert Anthony Fuentes added for Christopher Chestnut. Attorney Haddy Abouzeid, GOVT terminated. (Abouzeid, Haddy) (Entered: 06/07/2026)
Main Document: DESIGNATION
Jun 10, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward, return to sender: 12 Findings and Recommendations sent to Esvin Haroldo Hernandez Juarez. Notice of Change of Address due by 7/20/2026. (Deputy Clerk AKP)
#14
Jul 13, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#15
Jul 13, 2026
Judgment
Main Document: Judgment
Jul 13, 2026
Service by Mail
Jul 13, 2026
SERVICE BY MAIL: 15 Judgment and 14 Order Adopting Findings and Recommendations served on Esvin Haroldo Hernandez Juarez. (Deputy Clerk JJD)

Parties

Chestnut
Party
(HC) Hernandez Juarez
Party