Eastern District of California • 1:26-cv-04337

(HC) Tonian v. Chestnut

Completed

Case Information

Filed: June 07, 2026
Assigned to: Micah Wj Smith
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: June 25, 2026
Last Activity: June 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 07, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Gagik Tonian. (Filing fee $ 5, receipt number ACAEDC-13424953) (Attachments: # 1 Civil Cover Sheet)(Jacobson, Regina) (Additional attachment(s) added on 6/8/2026: # 1 Civil Cover Sheet) (AML). (Entered: 06/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Gagik Tonian. (Attachments: # 1 TRO checklist, # 2 Declaration, # 3 Proposed Order)(Jacobson, Regina) (Entered: 06/07/2026)
Main Document: Temporary Restraining Order
#3
Jun 08, 2026
CLERK'S NOTICE to Attorney Regina Jacobson re [1-1] Civil Cover Sheet: Your document is not formatted properly, please flatten your PDF and re-file a properly formatted PDF. For information on how toflatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contactthe CM/ECF help desk at 866-884-5444. (Deputy Clerk EF) (Entered: 06/08/2026)
#4
Jun 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 06/08/2026)
Main Document: Immigration New Case Documents
#5
Jun 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Sergio Albarran,Nisreen Fakhouri Assaf for Todd Blanche,Nisreen Fakhouri Assaf for Christopher Chestnut,Nisreen Fakhouri Assaf for Todd M. Lyons,Nisreen Fakhouri Assaf for Markwayne Mullin (Assaf, Nisreen) (Entered: 06/08/2026)
Main Document: DESIGNATION
#6
Jun 09, 2026
Notice of Related Case
Main Document: Notice of Related Case
#7
Jun 09, 2026
DESIGNATION of COUNSEL FOR SERVICE., attorney Nisreen Fakhouri Assaf terminated (Weger, Shelley) (Entered: 06/09/2026)
Main Document: DESIGNATION
#8
Jun 09, 2026
OPPOSITION by Petitioner Gagik Tonian to 6 Notice of Related Case(s). (Jacobson, Regina) (Entered: 06/09/2026)
Main Document: OPPOSITION
#9
Jun 10, 2026
EO: This case, filed June 7, 2026, has been initiated by the same Petitioner who initiated a prior action, No. 1:26-cv-02839-MWJS, on April 14, 2026. In both cases, Petitioner challenges his ongoing immigration detention. Pursuant to Local Rule 123, the court finds that this action (No. 1:26-cv-04337-DC-CKD) is related to case No. 1:26-cv-02839-MWJS because both cases involve the same parties or are based on the same or similar claims. Accordingly, assignment of the actions to the same district judge promotes judicial economy. The court therefore ORDERS reassignment of case No. 1:26-cv-04337-DC-CKD to U.S District Judge Micah W. J. Smith. All future filings shall reflect the judge reassignments. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/10/2026)
#10
Jun 10, 2026
CLERK'S NOTICE REASSIGNING CASE. This case has been assigned to District Judge Micah W. J. Smith. The new case number is: 1:26-cv-04337-MWJS. (Deputy Clerk AB) (Entered: 06/10/2026)
Jun 10, 2026
Minute Order
#11
Jun 12, 2026
EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for a Temporary Restraining Order. The court intends to rule directly on the Petition. See 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."). On or before June 16, 2026, Respondents are ORDERED TO SHOW CAUSE as to the following three questions: 1. Petitioner alleges that he was admitted to the United States pursuant to a B-2 visitor visa and has a pending asylum application. Dkt. No. 1, at pgs. 3-4. Do Respondents dispute that Petitioner's admission reflects a determination by the government that he did not pose a danger to the community or a flight risk sufficient to preclude his admission? 2. Petitioner further alleges that, after applying for asylum, he was issued "multiple Employment Authorization Documents," including one valid "through August 8, 2030." Dkt. No. 1, at pg. 4. Do Respondents dispute that the issuance of such employment authorization reflects a determination that Petitioner does not pose a danger to the community or a flight risk? 3. If the answer to either of the foregoing questions is yes, do Respondents contend that Petitioner nevertheless could be detained without pre-deprivation process? If so, what is the factual and legal basis for that position? In addition to addressing the above three questions, Respondents are invited to raise any additional legal or factual argument in opposition to the petition, as they deem proper. Petitioner may file a reply on or before June 18, 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. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/12/2026)
Jun 12, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Jun 16, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#13
Jun 18, 2026
REPLY by Gagik Tonian re 12 Answer to Petition for Writ of Habeas Corpus. (Attachments: # 1 Notice Request for Judicial Notice)(Jacobson, Regina) (Entered: 06/18/2026)
Main Document: REPLY
#14
Jun 25, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#15
Jun 25, 2026
Judgment
Main Document: Judgment
#16
Jun 28, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

Chestnut
Party
(HC) Tonian
Party