Eastern District of California • 1:26-cv-04884

(HC) De La Rosa Torres v. Chestnut

Completed

Case Information

Filed: June 25, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 08, 2026
Last Activity: September 08, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 25, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Alejandro Jailinn De La Rosa Torres and Arturo De La Rosa Torres. (Filing fee $ 5, receipt number ACAEDC-13503153) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet) (Parkinson, Brett) Modified on 7/6/2026 (KS). (Entered: 06/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 25, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Alejandro Jailinn De La Rosa Torres, Arturo De La Rosa Torres for attorney Marti L. Jones to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13503182) (Attachments: # 1 Exhibit Certificate of Good Standing - United States District Court (Utah), # 2 Exhibit Certificate of Good Standing - Utah State Bar) (Parkinson, Brett) (Entered: 06/25/2026)
Main Document: Application for Pro Hac Vice and Proposed Order
#3
Jun 25, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 06/25/2026)
Main Document: Immigration New Case Documents
#4
Jun 25, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 25, 2026: The matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/25/2026)
#5
Jun 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Nisreen Fakhouri Assaf added for All Respondents. (Assaf, Nisreen) Modified on 7/6/2026 (KS). (Entered: 06/25/2026)
Main Document: DESIGNATION
#6
Jun 25, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Arturo De La Rosa Torres. (Attachments: # 1 Exhibits Section I - Documents Regarding Arturo De La Rosa Torres, # 2 [DISREGARD pursuant to 8 Order] Exhibits - Documents Regarding Alejandro Jailinn De La Rosa Torres, # 3 Civil Cover Sheet)(Parkinson, Brett) (Main Document replaced on 7/2/2026 pursuant to 8 Order) (KLY). (Entered: 06/25/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
Jun 25, 2026
Minute Order
#7
Jun 26, 2026
PRO HAC VICE ORDER signed by Magistrate Judge Chi Soo Kim on 6/25/2026 GRANTING 2 Application. Added attorney Marti L. Jones, PHV for Alejandro Jailinn De La Rosa Torres and Arturo De La Rosa Torres. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk LMS) (Entered: 06/26/2026)
Main Document: Order on Application for Pro Hac Vice
#8
Jul 02, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 7/1/2026 ORDERING the claims of petitioner ALEJANDRO JAILINN DE LA ROSA TORRES (A-222-557-404) are SEVERED from the claims of petitioner ARTURO DE LA ROSA TORRES (A-222-557-403). Petitioner ARTURO DE LA ROSA TORRES (A-222-557-403) shall proceed as the sole petitioner in case No. 1:26-cv-4884 TLN CSK. The Clerk of the Court is directed to: a. Open a separate civil action for petitioner ALEJANDRO JAILINN DE LA ROSA TORRES; b. Assign the new action to the district judge and magistrate judge to whom the instant case is assigned and make appropriate adjustment in the assignment of civil cases to compensate for such assignment; c. File and docket a copy of this order in the file opened for petitioner ALEJANDRO JAILINN DE LA ROSA TORRES; d. Place a copy of the 6 petition filed June 25, 2026, in the file opened for petitioner ALEJANDRO JAILINN DE LA ROSA TORRES; e. Strike from the caption of each petitioner's complaint the name of the other petitioner. [New case number 1:26-cv-5077 TLN CSK (HC)] (Deputy Clerk KLY) (Entered: 07/02/2026)
Main Document: Order
#9
Jul 07, 2026
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 7/7/2026. Parties must review this MINUTE ORDER Document, which is a scheduling order. (1) Respondents are directed to file an answer or motion to dismiss to the first amended petition (ECF No. 6) within 7 days from the date of this order. Respondents are warned that the failure to respond to the first amended petition will be interpreted as non-opposition to granting the relief requested in the first amended petition. (2) Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 7 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondents to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. (Deputy Clerk AW) (Entered: 07/07/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Aug 06, 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: 08/06/2026)
Main Document: CONSENT/DECLINE
#11
Aug 06, 2026
RESPONSE by Respondents to 6 Amended Petition for Writ of Habeas Corpus. Attorney Soto-Perez, Gabriel Andres added. (Attachments: # 1 I-213, # 2 Rap sheet)(Soto-Perez, Gabriel) Modified on 8/7/2026 (KLY). (Entered: 08/06/2026)
Main Document: RESPONSE
#12
Aug 07, 2026
DESIGNATION of COUNSEL FOR SERVICE., attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/07/2026)
Main Document: DESIGNATION
#13
Aug 13, 2026
TRAVERSE by Arturo De La Rosa Torres. (Attachments: # 1 Exhibit)(Jones, Marti) (Entered: 08/13/2026)
Main Document: Traverse
#14
Aug 14, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 8/14/26 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted on the statutory claim (claim one); Respondents be ordered to provide petitioner Arturo De La Rosa Torres (A-222-557-403) a bond hearing within 14 days of the adoption of these findings and recommendations where petitioner has the burden to demonstrate that he is not a flight risk or danger to the community. If petitioner is granted release on bond, respondents shall return all of petitioner's documents and possessions to petitioner at the time of release; If respondents fail to provide petitioner a bond hearing within 14 days, petitioner shall be immediately released from respondents' custody. Respondents shall return all of petitioner's documents and possessions to petitioner at the time of release; and the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Judge Troy L. Nunley. Objections due within 7 days of the date of these Findings and Recommendations. (Deputy Clerk JAW) (Entered: 08/14/2026)
Main Document: Findings and Recommendations
#15
Sep 08, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 09/8/26 ADOPTING 14 Findings and Recommendations IN PART. 6 Amended Petition for Writ of Habeas Corpus is GRANTED on the statutory claim (claim one). Respondents are DIRECTED to IMMEDIATELY RELEASE Petitioner Arturo D.L.R.T. (A#222-557-403) from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk is directed to serve this Order on California City Detention and enter judgment in favor of Petitioner. CASE CLOSED. (cc Cal City) (Deputy Clerk KML) (Entered: 09/08/2026)
Main Document: Findings and Recommendations AND Order AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#16
Sep 08, 2026
JUDGMENT dated *09/08/26* pursuant to order signed by Chief District Judge Troy L. Nunley on 09/08/26 in favor of Petitioner. (Deputy Clerk KML) (Entered: 09/08/2026)
Main Document: Judgment

Parties

(HC) De La Rosa Torres
Party
Hudson
Party