Eastern District of California • 1:26-cv-06712

(HC) Lopez-Miguel v. Chestnut

Active

Case Information

Filed: August 24, 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
Active
Last Activity: October 22, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 24, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Maximino Lopez-Miguel. (Deputy Clerk AJB) (Entered: 08/26/2026)
Main Document: Petition for Writ of Habeas Corpus
Aug 24, 2026
RECEIPT number 200020650 for $5.00 from Maximino Lopez-Miguel. (Deputy Clerk AJB)
#2
Aug 26, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AJB) (Entered: 08/26/2026)
Main Document: Immigration New Case Documents
#3
Aug 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/26/2026: This 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: 08/26/2026)
#4
Aug 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Christopher Chestnut (Disparte, Quinn) (Entered: 08/26/2026)
Main Document: DESIGNATION
Aug 26, 2026
Minute Order
Aug 26, 2026
SERVICE BY MAIL: 3 Minute Order served on Maximino Lopez-Miguel. (Deputy Clerk MDK)
Aug 26, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Maximino Lopez-Miguel. (Deputy Clerk AJB)
Aug 26, 2026
Service by Mail
#5
Aug 28, 2026
Order
Main Document: Order
Aug 28, 2026
Service by Mail
#8
Oct 09, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/9/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted on due process grounds; that Respondent be ordered to immediately release petitioner and be ordere d to provide petitioner with a copy of the release order at or near the time of release; that if respondent has custody of petitioner's possessions or documents, respondent shall return those to petitioner at the time of release; that respondent be enjoined and restrained from re-detaining petitioner unless the government demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that petitioner is a flight risk or danger to the communit y such that physical custody is legally justified; that this injunction does not address other circumstances where detention authority is established under different authority than what is presented in this case; and that the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to Chief District Judge Troy L. Nunley. Objections due within 7 daysof the date of these findings and recommendations. (Deputy Clerk HAH)
Main Document: Findings and Recommendations
Oct 09, 2026
Service by Mail
#9
Oct 16, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#10
Oct 20, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 10/19/2026 ADOPTING the 8 findings and recommendations in full and GRANTING the 1 Petition for Writ of Habeas corpus on due process grounds. Respondent is ORDERED to IMMEDIATELY release Petitioner Maximino L.M. (A# 240-373-219) and to provide Petitioner with a copy of this Order at or near the time of release. At the time of release, Respondent shall return Petitioner's possessions and documents. Respondent shall fil e a notice certifying compliance with this provision within 2 days of the date of this Order. Respondent is ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. §1226(a), absent compliance with statutory and constitutional protectio ns, including a minimum of 7-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 a t future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. See Zadvydas v. Davis, 533 U.S. 678, 690 (2001); Hernande z v. Sessions, 872 F.3d 976, 990 (9th Cir. 2017). At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of the Court is directed to serve a copy of this Order on California City Detention Facility, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#11
Oct 20, 2026
Judgment
Main Document: Judgment
Oct 20, 2026
Service by Mail
#12
Oct 22, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

Chestnut
Party
(HC) Lopez-Miguel
Party