Eastern District of California • 1:26-cv-04197
(HC) Kanay v. Chestnut
Completed
Case Information
Filed: June 02, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 29, 2026
Last Activity:
September 22, 2026
Parties:
View All Parties →
Docket Entries
#1
May 22, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) by Mubita A Kanay. (Attachments: # 1 Receipt) (HAM) [Transferred from nvd on 6/2/2026.] (Entered: 05/26/2026)
Main Document:
PETITION
#2
May 22, 2026
MOTION for Appointment of Counsel by Petitioner Mubita A Kanay.. (HAM) [Transferred from nvd on 6/2/2026.] (Entered: 05/26/2026)
Main Document:
MOTION
May 22, 2026
Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (JG) [Transferred from nvd on 6/2/2026.]
#3
May 26, 2026
NOTICE from USDC advising case against Cristofer Chestnut, et al., has been received and assigned case number 2:26-cv-01573-GMN-EJY. (HAM) [Transferred from nvd on 6/2/2026.] (Entered: 05/26/2026)
Main Document:
NOTICE
#4
Jun 01, 2026
ORDER TRANSFERRING CASE. IT IS HEREBY ORDRED that this action is TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk of Court is kindly directed to mail Petitioner a copy of this Order. Signed by Judge Gloria M. Navarro on 6/1/2026. (Copies have been distributed pursuant to the NEF - ALZ) [Transferred from nvd on 6/2/2026.] (Entered: 06/02/2026)
#5
Jun 02, 2026
CASE TRANSFERRED IN from District of Nevada; Case Number 2:26-cv-01573. (Entered: 06/02/2026)
Main Document:
Case Transferred In - District Transfer
#6
Jun 02, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk OFR) (Entered: 06/02/2026)
Main Document:
Immigration New Case Documents
#7
Jun 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Cristofer Chestnut,Elisa M. Rodriguez for USA,Elisa M. Rodriguez for United States Immigration Customs Enforcement (Rodriguez, Elisa) (Entered: 06/02/2026)
Main Document:
DESIGNATION
#8
Jun 02, 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: 06/02/2026)
Main Document:
CONSENT/DECLINE
#9
Jun 02, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/2/2026: Upon review of the Petition and Motion, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file a Supplemental Brief in support the Petition. If no brief is filed in that time, the Court will rule on the merits of the Petition as currently briefed. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. [TEXT ONLY ORDER] (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 06/02/2026)
Jun 02, 2026
SERVICE BY MAIL: 9 Minute Order served on Mubita A. Kanay. (Deputy Clerk GJM)
Jun 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 02, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents served on Mubita A. Kanay. (Deputy Clerk OFR)
Jun 02, 2026
Service by Mail
#11
Jun 09, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/9/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 9. Attorney Linette Tobin is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Linette Tobin, Law Office of Linette Tobin, 2872 Fir St., San Diego, CA 92102, (202) 489-8351, linette@linettetobin.com as counsel for Petitioner in this matter, nunc pro tunc to 6/9/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 06/09/2026)
Jun 09, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#12
Jun 22, 2026
SUPPLEMENTAL BRIEF to 1 Petition for Writ of Habeas Corpus filed by Mubita A. Kanay. (Attachments: # 1 Exhibits) (Tobin, Linette) Modified on 6/26/2026 (KS). (Entered: 06/22/2026)
Main Document:
SUPPLEMENTAL
#13
Jun 23, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/23/2026: The Court is in receipt of Petitioner's Supplemental Petition for Writ of Habeas Corpus (ECF No. 12 ). On review of the Petition appears to state a claim on which Petitioner is entitled to relief. Respondents are ordered to show cause on or before June 29, 2026, as to why the Court should not grant a writ of habeas corpus by filing a return as provided in 28 U.S.C. § 2243. Petitioner may file a Reply on or before July 1, 2026. This 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 ORDER] (Deputy Clerk JRW) (Entered: 06/23/2026)
Jun 23, 2026
Minute Order
#14
Jun 29, 2026
RETURN on 1 Petition for Writ of Habeas Corpus by Respondents. (Rodriguez, Elisa) Modified on 7/8/2026 (HAH). (Entered: 06/29/2026)
Main Document:
RETURN
#15
Jul 01, 2026
TRAVERSE by Mubita A. Kanay. (Tobin, Linette) (Entered: 07/01/2026)
Main Document:
Traverse
#16
Jul 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Mubita A. Kanay. (Attachments: # 1 Notice, # 2 Proposed Order)(Tobin, Linette) Modified on 7/10/2026 (HAH). (Entered: 07/01/2026)
Main Document:
Temporary Restraining Order
#17
Jul 02, 2026
OPPOSITION to 16 Motion for Temporary Restraining Order by Respondents. (Rodriguez, Elisa) Modified on 7/14/2026 (HAH). (Entered: 07/02/2026)
Main Document:
OPPOSITION
#18
Jul 29, 2026
ORDER signed by District Judge Daniel J. Calabretta on 7/28/2026 GRANTING 1 Petition for Writ of Habeas Corpus as the 1st cause of action. Petitioner shall be afforded a constitutionally adequate bond hearing before an Immigration Judge. At this 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 counsel present. CASE CLOSED. (Deputy Clerk OML) (Entered: 07/29/2026)
#19
Jul 29, 2026
JUDGMENT dated *7/29/2026* pursuant to order signed by District Judge Daniel J. Calabretta on 7/28/2026 in favor of Petitioner. (Deputy Clerk OML) (Entered: 07/29/2026)
Main Document:
Judgment
#20
Aug 05, 2026
NOTICE OF COMPLIANCE with 18 Order by All Respondents. (Rodriguez, Elisa) Modified on 8/11/2026 (KS). (Entered: 08/05/2026)
Main Document:
Notice of Compliance
#21
Aug 24, 2026
MOTION to ENFORCE JUDGMENT and MOTION to APPOINT COUNSEL by Mubita A. Kanay. (Deputy Clerk KML) (Entered: 08/25/2026)
Main Document:
Appoint Counsel AND Enforce Judgment
#22
Aug 25, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/25/2026: This matter is REFERRED to the assigned Magistrate Judge for all further proceedings consistent with E.D. Cal. L.R. 302(c)(17). IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/25/2026)
Aug 25, 2026
Minute Order
#23
Aug 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/27/2026. Petitioner's 21 Motion to Enforce Judgment and Appoint Counsel, argues that the custody redetermination hearing provided to him pursuant to this court's 18 Order did not comply with that order, and seeks appointment of counsel. Respondents shall file an Opposition or Statement of Non-Opposition to petitioner's 18 Motion to Enforce no later than September 3, 2026. Respondents opposition, if any, shall include the Immigration Judge's Order denying petitioner's request for release on bond and any transcript and/or audio recording of petitioner's bond hearing. Petition may file a reply within 7 days after receiving service of respondent's opposition. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/27/2026)
Aug 27, 2026
Minute Order
#24
Sep 02, 2026
MOTION to WITHDRAW as ATTORNEY by Mubita A. Kanay. (Attachments: # 1 Proposed Order)(Tobin, Linette) Modified on 9/4/2026 (HAH). (Entered: 09/02/2026)
Main Document:
Withdraw as Attorney
#25
Sep 02, 2026
ORDER signed by District Judge Daniel J. Calabretta on 9/2/2026 GRANTING 24 Motion to Withdraw. Accordingly, Attorney Linette Tobin is relieved as counsel of record for Petitioner. Ms. Tobin shall promptly transfer the file to successor counsel upon appearance and shall serve a copy of this order on Petitioner at California City Detention, 22844 Virginia Blvd., California City, CA 93505. (Deputy Clerk GJM) (Entered: 09/02/2026)
#26
Sep 02, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/2/2026: Upon review, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file an Amended Motion or Supplemental Brief in support of the Motion. If nothing is filed in that time, the Court will proceed on the current Motion. The Clerk's Office is directed to serve a copy of the Petition for Writ of Habeas Corpus and the Motion to Enforce Judgment on the Federal Defender. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/02/2026)
Sep 02, 2026
Service by Mail
Sep 02, 2026
SERVICE BY MAIL: 25 Order, 26 Minute Order served on Mubita A. Kanay. (Deputy Clerk GJM)
Sep 02, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
#27
Sep 03, 2026
OPPOSITION to 21 Motion to Enforce Judgment by Respondents. (Rodriguez, Elisa) Modified on 9/4/2026 (HAH). (Entered: 09/03/2026)
Main Document:
OPPOSITION
#28
Sep 03, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Cristofer Chestnut, USA, United States Immigration Customs Enforcement. Date & Time 08/04/2026 01:00, Duration 00:01:49. File size [0.9 MB]. (Rodriguez, Elisa) (Entered: 09/03/2026)
Main Document:
DIGITAL
#29
Sep 03, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Cristofer Chestnut, USA, United States Immigration Customs Enforcement. Date & Time 08/04/2026 04:00, Duration 00:12:14. File size [5.9 MB]. (Rodriguez, Elisa) (Entered: 09/03/2026)
Main Document:
DIGITAL
#30
Sep 03, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/3/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 26. Attorney Manuel Alvarado is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Manuel Corona Alvarado, 8815 Kentshire Way, Sacramento, CA 95828, 916-753-4577, hijodeadam@yahoo.com as counsel for Petitioner in this matter, nunc pro tunc to 9/3/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/03/2026)
Sep 03, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#31
Sep 14, 2026
MOTION to ENFORCE JUDGMENT Supplemental by Mubita A. Kanay. (Alvarado, Manuel) (Entered: 09/14/2026)
Main Document:
Enforce Judgment
#32
Sep 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/22/2026. Petitioner's motion to enforce argued that the immigration judge did not comply with this court's order and asked that the government be required to produce a transcript of the bond hearing, which would allow petitioner to further develop his argument. ECF No. 21 . Respondents were given an opportunity to file an opposition and were required to include the bond hearing transcript and/or audio recording, which they did. ECF Nos. 23, 27-29. Petitioner, through newly appointed counsel, filed a supplemental motion, which provides new facts and arguments based on the audio recordings. ECF No. 31 at 2. Respondents shall therefore have an opportunity to respond. Respondents may file a supplemental opposition by September 28, 2026. If no supplemental opposition is filed or respondents inform the court of its intent not to file a supplemental opposition, the motion will be deemed submitted. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/22/2026)
Sep 22, 2026
Minute Order
Parties
Chestnut
Party
(HC) Kanay
Party