Eastern District of California • 1:26-cv-04591

(HC) Kumsang v. Chestnut

Completed

Case Information

Filed: June 15, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 09, 2026
Last Activity: October 01, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 15, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Surawat Kumsang. (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 15, 2026
MOTION to APPOINT COUNSEL by Surawat Kumsang. (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document: Appoint Counsel
#3
Jun 15, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Surawat Kumsang. (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document: In Forma Pauperis
#4
Jun 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document: Immigration New Case Documents
#5
Jun 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Christopher Chestnut (Rodriguez, Camilo) (Entered: 06/16/2026)
Main Document: DESIGNATION
#6
Jun 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 16, 2026: This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/16/2026)
Jun 16, 2026
Minute Order
Jun 16, 2026
SERVICE BY MAIL: 6 Minute Order served on Surawat Kumsang. (Deputy Clerk MDK)
Jun 16, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Surawat Kumsang. (Deputy Clerk AKP)
Jun 16, 2026
Service by Mail
#7
Jun 23, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/22/2026 ORDERING that, within 7 days of the date of service of this order, respondent must file a response to the petition. A response may be either an answer or a motion to dismiss the petition. Within 7 days of the date of service of this order, respondent must file petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other documents and portions of petitioner's A-File relevant to the issues presented. If respondent files an answer to the petition, petitioner may file a traverse within 7 days of the date of service of respondent's answer. If no traverse is filed within 7 days, the petition and answer are deemed submitted. If respondent moves to dismiss, petitioner must file an opposition or statement of non-opposition within 7 days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within 7 days after the opposition is served. The motion to dismiss will be considered submitted 21 days after the service of the motion or when the reply is filed, whichever comes first. 3 Motion to Proceed IFP is GRANTED. (Deputy Clerk HAH) (Entered: 06/23/2026)
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Jun 23, 2026
SERVICE BY MAIL: 7 Order served on Surawat Kumsang. (Deputy Clerk HAH)
Jun 23, 2026
Service by Mail
#8
Jun 30, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus by Christopher Chestnut. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Rodriguez, Camilo) (Entered: 06/30/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#9
Jul 21, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 07/21/2026 GRANTING Petitioner's 2 Motion to Appoint Counsel. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Judge Jeremy D. Peterson's courtroom deputy and counsel will be added as counsel for Petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within 7 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within 14 days of Petitioner's counsel appearing, Petitioner shall file either (1) an amended petition or (2) a traverse in support of the 1 Petition for Writ of Habeas Corpus. (Deputy Clerk KS) (Entered: 07/21/2026)
Main Document: Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 21, 2026
SERVICE BY MAIL: 9 Order served on Surawat Kumsang. (Deputy Clerk KS)
Jul 21, 2026
Service by Mail
#10
Jul 28, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/28/2026: The Court has been notified of Counsel's contact information, pursuant to the 7/21/2026 9 Order. Attorney Manuel Corona Alvarado is hereby APPOINTED pro hac vice as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Manuel Corona Alvarado as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 07/28/2026)
Jul 28, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#11
Aug 05, 2026
TRAVERSE/REPLY by Surawat Kumsang. (Alvarado, Manuel) Modified on 8/14/2026 (KS). (Entered: 08/05/2026)
Main Document: TRAVERSE/REPLY
#12
Sep 02, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 09/02/26 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted. Within 7 days of this order, petitioner (A-Number: 039-063-819) shall be provided a bond hearing before a neutral adjudicator. Within 24 hours of the filing of the court's order, respondents shall personally serve petitioner with the order and file proof of such service on the docket. At this bond hearing, petitioner shall be provided a qualified representative under Franco-Gonzalez v. Holder, No. 10-cv-2211 (N.D. Cal.), unless the immigration judge has held a judicial competency inquiry and determined that petitioner is competent. 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. The Clerk of Court be ordered to enter judgment accordingly and close this case. Referred to Judge Troy L. Nunley. Objections to these findings and recommendations are due within 3 days. (Deputy Clerk KML) (Entered: 09/02/2026)
Main Document: Findings and Recommendations
#13
Sep 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Christopher Chestnut, attorney Camilo Rodriguez, GOVT terminated (Harman, Joseph) (Entered: 09/02/2026)
Main Document: DESIGNATION
#14
Sep 02, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 12 by Respondent Christopher Chestnut. (Harman, Joseph) (Entered: 09/02/2026)
Main Document: Objections to Findings and Recommendations
#15
Sep 09, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 9/8/26 ADOPTING 12 Findings and Recommendations in full; GRANTING 1 Petition for Writ for Habeas Corpus; Within 7 days from the date of this Order (unless Petitioner seeks additional time to prepare), Respondents shall provide Petitioner Surawat K. (A# 039-063-819) a bond hearing before a neutral adjudicator; Within 24 hours of the filing of this Order, Respondents shall personally serve Petitioner a copy of this Order and file proof of such service on the docket; Within 2 court days from the date of the bond hearing, Respondents shall file a notice of compliance with this provision of the Court's Order confirming that the hearing occurred, the date of the hearing, the outcome of the hearing, whether Petitioner had a qualified representative, and Petitioner's custody status; The parties are advised that any further challenges related to Petitioner's currentdetention should be filed in this case, using the aforementioned case number (Case No. 1:26-cv-4591-TLN-JDP); and The Clerk of Court is DIRECTED to enter judgment in favor of Petitioner and close this case. CASE CLOSED. (Deputy Clerk JAW) (Entered: 09/09/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#16
Sep 09, 2026
JUDGMENT dated *9/9/26* pursuant to order signed by Chief District Judge Troy L. Nunley on 9/8/26 in favor of Petitioner against Respondent. (Deputy Clerk JAW) (Entered: 09/09/2026)
Main Document: Judgment
Sep 29, 2026
Minute Order
#22
Oct 01, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

Chestnut
Party
(HC) Kumsang
Party