Eastern District of California • 1:25-cv-01634

(HC) Cruz Banos v. Chestnut

Active

Case Information

Filed: November 24, 2025
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: May 11, 2026
Parties: View All Parties →

Docket Entries

#1
Nov 24, 2025
CIVIL COVER SHEET filed by Josue Daniel Cruz Banos. (Beles, Robert) (Entered: 11/24/2025)
Main Document: CIVIL
#2
Nov 24, 2025
PETITION for WRIT of HABEAS CORPUS against Sergio Alberran by Josue Daniel Cruz Banos. (Filing fee $ 5, receipt number ACAEDC-12621008) (Beles, Robert) Modified on 11/25/2025 (KS). (Entered: 11/24/2025)
Main Document: Petition for Writ of Habeas Corpus
#3
Nov 24, 2025
MOTION for TEMPORARY RESTRAINING ORDER by Josue Daniel Cruz Banos. (Beles, Robert) (Entered: 11/24/2025)
Main Document: Temporary Restraining Order
#4
Nov 24, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 12/29/2025. (Attachments: # 1 Consent Form) (Deputy Clerk EF) (Entered: 11/24/2025)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Nov 24, 2025
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 11/24/2025: The Court has reviewed Petitioner's 2 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order on or before 11/26/2025 at 5:00 PM. Petitioner may file a Reply on or before 12/1/2025. The 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 Entry) (Deputy Clerk CRS) (Entered: 11/24/2025)
Nov 24, 2025
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Nov 26, 2025
DESIGNATION of COUNSEL FOR SERVICE. Attorney Robin Tubesing, GOVT added for Sergio Alberran, Pam Bondi, Todd M. Lyons, and Kristi Noem. (Tubesing, Robin) Modified on 12/2/2025 (KS). (Entered: 11/26/2025)
Main Document: DESIGNATION
#7
Nov 26, 2025
OPPOSITION to 3 Motion for Temporary Restraining Order by Respondents. (Attachments: # 1 Decl. of Ackerman) (Tubesing, Robin) Modified on 12/2/2025 (KS). (Entered: 11/26/2025)
Main Document: Opposition to Motion
#8
Nov 28, 2025
MOTION to Substitute Respondent Warden by Josue Daniel Cruz Banos. (Attachments: # 1 Proposed Order) (Beles, Robert) (Entered: 11/28/2025)
Main Document: Miscellaneous Relief
#9
Nov 28, 2025
ORDER signed by District Judge Dena M. Coggins on 1/28/2025 DENYING Petitioner's 3 Motion for a Temporary Restraining Order; and REFERRING this matter to the assigned Magistrate Judge for further proceedings. (Deputy Clerk CRS) (Entered: 11/28/2025)
Main Document: Order on Motion for TRO
#10
Dec 01, 2025
ORDER signed by Magistrate Judge Chi Soo Kim on 12/1/2025 GRANTING petitioner's 8 motion to substitute respondent and DIRECTING respondent to file a repose to the § 2241 petition within 14 days. Petitioner's reply/traverse, if any, is due within 7 days after being served with a copy of respondent's response. The Clerk shall change the case caption as set forth above and serve a copy of this order, a copy of the § 2241 petition and the Order re Consent on the U.S. Attorney. (Deputy Clerk KLY) (Entered: 12/01/2025)
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND Order on Motion for Miscellaneous Relief
#11
Dec 01, 2025
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Chi Soo Kim on 12/1/2025. Consent or Decline due by 12/29/2025. (Deputy Clerk KLY) (Entered: 12/01/2025)
Main Document: 09 - Order Re Consent or Request for Reassignment
#12
Dec 01, 2025
DOCUMENT(S) SERVED ELECTRONICALLY: Copy of 2241 Petition served on U.S. Attorney Robin Tubesing pursuant to 10 Order Directing Respondent to File a Response to the Petition. (Deputy Clerk KLY) (Entered: 12/01/2025)
Main Document: DOCUMENT(S)
#13
Dec 01, 2025
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. (Tubesing, Robin) (Entered: 12/01/2025)
Main Document: CONSENT/DECLINE
#14
Dec 03, 2025
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. (Beles, Robert) (Entered: 12/03/2025)
Main Document: CONSENT/DECLINE
#15
Dec 15, 2025
STIPULATION and PROPOSED ORDER to Amend Briefing Schedule by Christopher Chestnut. (Tubesing, Robin) (Entered: 12/15/2025)
Main Document: STIPULATION
#16
Dec 16, 2025
STIPULATION and ORDER signed by Magistrate Judge Chi Soo Kim on 12/16/2025 ORDERING respondent to file his response on or before 12/22/2025. Petitioner's reply, if any, shall be filed on or before 12/29/2025. (Deputy Clerk HAH)
Main Document: Stipulation and Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#17
Dec 22, 2025
ANSWER/RESPONSE by Christopher Chestnut to 2 Petition for Writ of Habeas Corpus. (Tubesing, Robin) Modified on 12/23/2025 (KLY). (Entered: 12/22/2025)
Main Document: ANSWER/RESPONSE
#18
Dec 29, 2025
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 12/29/2025: The Court granted the parties stipulation to amend the briefing schedule based on a DHS referral for a negative fear finding to an immigration judge for review and the representation that the conclusion of this review would assist the parties in advising this Court as to the petition (ECF No. 16). Respondents filed their Response to the petition (ECF No. 17), but did not, however, provide any information regarding the negative fear finding referral to an immigration judge that served as the justification for modifying the briefing schedule. In addition, Respondents refer to Petitioners release on conditional parole and release document cit[ing] 8 U.S.C. 1226 in their Response, but do not provide any documents with their Response. By 9:00 am on 12/30/2025, Respondents are ORDERED to (1) file copies of all portions of Petitioner's A-File and other supporting documents referenced in or related to Respondents Response (ECF No. 17), including copies of all orders of release, including those related to parole, and all detention orders; and (2) file a supplemental brief limited to the status of the negative fear finding referral to an immigration judge, which served as the basis for Respondents and Petitioners request to modify the briefing schedule.As a result, the Court MODIFIES the briefing schedule for good cause and orders Petitioners optional reply to Respondents Response and Supplemental Brief is due on or before 5:00 p.m. on 1/2/2026. (Text Only Entry) (Deputy Clerk AW) (Entered: 12/29/2025)
Dec 29, 2025
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#19
Dec 30, 2025
SUPPLEMENTAL BRIEF by Christopher Chestnut. (Attachments: # 1 Exhibits)(Tubesing, Robin) Modified on 1/6/2026 (HAH). (Entered: 12/30/2025)
Main Document: SUPPLEMENTAL
#20
Jan 02, 2026
REPLY to 17 Answer to Petition for Writ of Habeas Corpus by Josue Daniel Cruz Banos. (Beles, Robert) Modified on 1/6/2026 (KS). (Entered: 01/02/2026)
Main Document: REPLY
#21
Jan 14, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 01/14/2026 RECOMMENDING that the 2 Petition for Writ of Habeas Corpus be denied. Referred to Judge Dena M. Coggins. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)
Main Document: Findings and Recommendations
#22
Jan 17, 2026
OBJECTIONS to 21 FINDINGS and RECOMMENDATIONS by Petitioner Josue Daniel Cruz Banos. (Beles, Robert) (Entered: 01/17/2026)
Main Document: Objections to Findings and Recommendations
#23
Feb 13, 2026
STATUS REPORT by Christopher Chestnut. (Attachments: # 1 Declaration)(Tubesing, Robin) (Entered: 02/13/2026)
Main Document: STATUS
Apr 01, 2026
Minute Order
#25
Apr 16, 2026
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 4/15/2026 VACATING the 21 the findings and recommendations filed 1/14/2026 and RECOMMENDING this action be dismissed as moot. Referred to Judge Dena M. Coggins. Objections to F&R due within 7 days. (Deputy Clerk KLY)
Main Document: Findings and Recommendations AND Findings and Recommendations AND Order
#26
May 11, 2026
ORDER signed by District Judge Dena M. Coggins on 5/9/2026 ADOPTING 25 The Findings and Recommendations in full; This action is DISMISSED as moot; and The Clerk of the Court is directed to close this case. CASE CLOSED. (Deputy Clerk LMS)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#27
May 11, 2026
Judgment
Main Document: Judgment