Eastern District of California • 1:26-cv-05846

(HC) Lobo Castro v. Warden, Christopher Chestnut

Completed

Case Information

Filed: July 27, 2026
Assigned to: Dena M. Coggins
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 30, 2026
Last Activity: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Christopher Chestnut by Mario Noel Lobo Castro. (Deputy Clerk AKP) (Entered: 07/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Mario Noel Lobo Castro. (Deputy Clerk AKP) (Entered: 07/29/2026)
Main Document: In Forma Pauperis
#3
Jul 27, 2026
MOTION to APPOINT COUNSEL by Mario Noel Lobo Castro. (Deputy Clerk AKP) (Entered: 07/29/2026)
Main Document: Appoint Counsel
#4
Jul 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/29/2026)
Main Document: Immigration New Case Documents
#5
Jul 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Warden, Christopher Chestnut (Disparte, Quinn) (Entered: 07/29/2026)
Main Document: DESIGNATION
Jul 29, 2026
Service by Mail
Jul 29, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Mario Noel Lobo Castro. (Deputy Clerk AKP)
#6
Aug 04, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 08/04/26 GRANTING 2 Motion to Proceed IFP and ORDERING that, within 7 days, Respondents must file either an Answer to the Petition or a Motion to Dismiss along with any documents necessary for resolving the issues presented in the petition. If Respondents file an Answer, Petitioner may file a Traverse within 7 days of service; if no Traverse is filed, the Petition and Answer are deemed submitted. If Respondents move to dismiss, Petitioner must file an opposition or statement of non-opposition within 7 days of service with any reply due from Respondents 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. (Deputy Clerk AJB) (Entered: 08/04/2026)
Main Document: Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Aug 04, 2026
SERVICE BY MAIL: 6 Order served on Mario Noel Lobo Castro. (Deputy Clerk AJB)
Aug 04, 2026
Service by Mail
#7
Aug 10, 2026
REPLY by Warden, Christopher Chestnut re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 I-213, # 2 NTA, # 3 RAP Sheet)(Disparte, Quinn) (Entered: 08/10/2026)
Main Document: REPLY
#8
Sep 17, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 9/16/2026 RECOMMENDING the 1 Petition for Writ of Habeas Corpus be granted and within 7 days of this order petitioner Mario Noel Lobo Castro 205-612-081 be provided a bond hearing before a neutral adjudicator pursuant to 8 U.S.C. § 1226(a) and its implementing regulations, at which petitioner's eligibility for bond must be considered. It is FURTHER RECOMMENDED the court enter judgment and close this case. Referred to Judge Dena Coggins. Objections to these Findings and Recommendations due within 3 days. (Deputy Clerk AMW) (Entered: 09/17/2026)
Main Document: Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 17, 2026
SERVICE BY MAIL: 8 Findings and Recommendations served on Mario Noel Lobo Castro. (Deputy Clerk AMW)
Sep 17, 2026
Service by Mail
#9
Sep 22, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/22/2026: In light of the findings and recommendations at ECF 8, it is hereby ORDERED that petitioner's motion to appoint counsel, ECF No. 3, is DENIED. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). Under 18 U.S.C. § 3006A, the court can appoint counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. The court finds that the interests of justice do not require the appointment of counsel in this matter at the present time. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/22/2026)
Sep 22, 2026
Service by Mail
Sep 22, 2026
SERVICE BY MAIL: 9 Minute Order served on Mario Noel Lobo Castro. (Deputy Clerk NAC)
Sep 22, 2026
Minute Order AND Order on Motion to Appoint Counsel
#10
Sep 23, 2026
MOTION to WITHDRAW PETITION by Mario Noel Lobo Castro. (Deputy Clerk VLC) Modified on 10/5/2026 (HAH). (Entered: 09/25/2026)
Main Document: Miscellaneous Relief
#11
Oct 02, 2026
MOTION to Grant Petition Due to Untimely Filing by Mario Noel Lobo Castro. (Deputy Clerk DAR) (Entered: 10/05/2026)
Main Document: Miscellaneous Relief
#14
Oct 29, 2026
MOTION to Withdraw 10 Motion and Adopt the Findings and Recommendations by Mario Noel Lobo Castro. (Deputy Clerk RRB) (Entered: 10/30/2026)
Main Document: Miscellaneous Relief
#12
Oct 30, 2026
ORDER signed by District Judge Dena M. Coggins on 10/29/2026 ADOPTING IN PART the 8 findings and recommendations filed 9/17/2026 and GRANTING the 1 petition for a writ of habeas corpus. Respondents are ORDERED to IMMEDIATLEY RELEASE Petitioner Mario Noel Lobo Castro (A-205-612-081) from Respondents' custody with the same conditions he was subject to immediately prior to his current immigration detention. Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social Security card, etc.) upon his release from custody. Within 3 days from the date of entry of this order, Respondents shall FILE a notice of compliance with this court confirming that Petitioner has been released in accordance with this order. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. This order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. Petitioner's pending 10, 11 motions are DENIED as having been rendered moot by this order. The Clerk of the Court is directed to serve a copy of this order on the California City Detention Facility, enter judgment for Petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY) (Entered: 10/30/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief
#13
Oct 30, 2026
JUDGMENT dated *10/30/2026* pursuant to order signed by District Judge Dena M. Coggins on 10/29/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 10/30/2026)
Main Document: Judgment
#15
Oct 30, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/30/2026: In light of the court's 12 granting the Petition and closing this case, the pending 14 Motion is DENIED as having been rendered moot. (Text Only Entry) (Deputy Clerk CRS) (Entered: 10/30/2026)
Oct 30, 2026
SERVICE BY MAIL: 12 Order and 13 Judgment served on Mario Noel Lobo Castro. (Deputy Clerk KLY)
Oct 30, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 15, served on Mario Noel Lobo Castro. (Text Only Entry) (Deputy Clerk CRS)
Oct 30, 2026
Minute Order AND Order on Motion for Miscellaneous Relief
Oct 30, 2026
Service by Mail
#16
Nov 02, 2026
NOTICE OF COMPLIANCE filed by Christopher Chestnut. (Disparte, Quinn) (Docket Text Modified on 11/2/2026 by CRS.) (Entered: 11/02/2026)
Main Document: Notice of Compliance

Parties

(HC) Lobo Castro
Party
Warden, Christopher Chestnut
Party