Eastern District of California • 1:26-cv-02768

(HC) Choc Choc v. Johnson

Completed

Case Information

Filed: April 13, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: July 08, 2026
Last Activity: August 06, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 13, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Field Office Director, Tae D. Johnson, Warden by Jose Choc Choc. (RECEIPT #100007896 $5.00 paid by Jose Choc Choc on 04/13/2026) (Deputy Clerk CM) (Entered: 04/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Choc Choc. (Deputy Clerk CM) (Entered: 04/15/2026)
Main Document: Temporary Restraining Order
#3
Apr 13, 2026
MOTION to Expedite by Jose Choc Choc. (Deputy Clerk CM) (Entered: 04/15/2026)
Main Document: Miscellaneous Relief
#4
Apr 15, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/18/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 04/15/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 15, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 221-489-562) fails to indicate in his petition or in his TRO motion when he was arrested by ICE. Without this information, the Court cannot properly evaluate the timeliness of his motion. Local Rule 231(b). Even still, the dates on the letters submitted in support of the petition (Doc. 1 at 7-14) strongly suggest that the TRO motion is not timely. Thus, the TRO is DENIED. The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.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 relief signed by District Judge Jennifer L. Thurston on April 15, 2026. (Deputy Clerk IM) (Entered: 04/15/2026)
Apr 15, 2026
Order on Motion for TRO
Apr 15, 2026
SERVICE BY MAIL: 5 Minute Order on Motion for TRO served on Jose Choc Choc. (Deputy Clerk IM)
Apr 15, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Jose Choc Choc. (Deputy Clerk CM)
Apr 15, 2026
Service by Mail
#6
Apr 16, 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: 04/16/2026)
Main Document: CONSENT/DECLINE
#7
Apr 28, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#8
Apr 28, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#9
May 07, 2026
Findings and Recommendations AND Order on Motion for Miscellaneous Relief
Main Document: Findings and Recommendations AND Order on Motion for Miscellaneous Relief
May 07, 2026
Service by Mail
May 07, 2026
SERVICE BY MAIL: 9 Findings and Recommendations (Motion) Order on Motion for Miscellaneous Relief, served on Jose Choc Choc. (Deputy Clerk EF)
#10
May 11, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#11
May 11, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#12
Jul 06, 2026
RESPONSE to Respondents' 10 Objections to the Magistrate Judge's Findings and Recommendations, Notice of Subsequent Developments, and Notice of Pro Se Appearance by Jose Choc Choc. (Deputy Clerk LJB) (Entered: 07/07/2026)
Main Document: RESPONSE
#13
Jul 08, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#14
Jul 08, 2026
Judgment
Main Document: Judgment
Jul 08, 2026
Service by Mail
Jul 08, 2026
SERVICE BY MAIL: 14 Judgment, 13 Order Adopting Findings and Recommendations, served on Jose Choc Choc. (Deputy Clerk JPX)
#15
Aug 04, 2026
Notice of Related Case
Main Document: Notice of Related Case
#16
Aug 05, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed the petition (Doc. 1) and request for a temporary restraining order (Doc. 2) filed in Case No.: 1:26-cv-06086 DC-CKD. In short, the petition seeks enforcement of the order issued by the Court in his earlier-filed petition in Case No.: 1:26-cv-02768 JLT SAB. Thus, the Court directs the Clerk of Court recharacterize the petition (Doc. 1) filed in Case No.: 1:26-cv-06086 DC-CKD SHALL as a motion to enforce the Court's order, and it and his request for a temporary restraining order (Doc. 2) SHALL be filed in Case No.: 1:26-cv-02768 JLT SAB signed by District Judge Jennifer L. Thurston on August 5, 2026. (Deputy Clerk IM) (Entered: 08/05/2026)
#17
Aug 05, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#18
Aug 05, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
Aug 05, 2026
SERVICE BY MAIL: 16 Minute Order served on Jose Choc Choc. (Deputy Clerk IM)
Aug 05, 2026
Minute Order
Aug 05, 2026
Service by Mail
#19
Aug 06, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#20
Aug 06, 2026
MINUTE ORDER (Text Entry Only) The Court has read and considered Petitioner's second request for temporary restraining order (Docs. 17, 18). Petitioner has been detained since January 2026, and he was recently provided a bond hearing. (Doc. TRO 17 at 2; Doc. 19 at 1-2) He argues that the IJ erred in determining that he is a flight risk and notes that he has filed an appeal. (Doc. 19 petition at 2) The Court previously denied a request for TRO on timeliness grounds in April 2026 (Doc. 5). Petitioner does not explain why the passage of nearly four months now makes such a request timely. As a new filing for the same relief, he fails to identify the procedural basis for such a repeat filing. Nothing in the current filing causes the Court to question its prior determination. The evidence of harm cited by Petitioner is identified by the nearly 6,100 petitioner who have sought immigration-related habeas relief from this Court since January 2026. Petitioner's request is, in effect, an attempt to jump the line ahead of similarly situated individuals. For these reasons, the new request for a temporary restraining order (Doc 17) is DENIED. Opposition to the motion to enforce the Court's order (Doc. 19) SHALL be filed no later than August 24, 2026. The opposition SHALL include a lodged copy of the recording of the bond hearing, the IJ's order and any other relevant documents speaking to the questions raised in the underlying motion or raised in the opposition. Petitioner may file a reply no later than September 4, 2026 signed by District Judge Jennifer L. Thurston on August 6, 2026. (Deputy Clerk IM) (Entered: 08/06/2026)
Aug 06, 2026
SERVICE BY MAIL: 20 Minute Order on Motion for TRO served on Jose Choc Choc. (Deputy Clerk IM)
Aug 06, 2026
Order on Motion for TRO
Aug 06, 2026
Service by Mail

Parties

(HC) Choc Choc
Party
Johnson
Party