Eastern District of California • 1:26-cv-06957
(HC) De Paz Derosa v. Chestnut
Completed
Case Information
Filed: August 31, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 24, 2026
Last Activity:
September 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 31, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Hugo De Paz Derosa. (Deputy Clerk SZ) (Entered: 08/31/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 31, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Hugo De Paz Derosa. (Deputy Clerk SZ) (Entered: 08/31/2026)
Main Document:
Temporary Restraining Order
#3
Aug 31, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 08/31/2026)
Main Document:
Immigration New Case Documents
#4
Aug 31, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Based on the current record, it appears Petitioner (A File #: 221-056-338) is likely to succeed on at least one of his claims and that some form of immediate relief may be appropriate. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than September 8, 2026, why the Court should not grant Petitioner's motion for a temporary restraining order. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (including the I-213) and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a reply no later than September 15, 2026. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing; and (3) whether they request additional briefing on the merits of the petition. Depending on the content of the filings, the Court may set a hearing or may rule on the papers.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing, to preserve the Court's jurisdiction and to preserve Petitioner's access to the Court and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief.The Clerk of the Court is to notify the United States Attorney's Office for the Eastern District of California of this filing, by providing a Notice of Electronic Filing to usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on August 31, 2026. (Deputy Clerk IM) (Entered: 08/31/2026)
Aug 31, 2026
Service by Mail
Aug 31, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Hugo De Paz Derosa. (Deputy Clerk SZ)
Aug 31, 2026
SERVICE BY MAIL: 4 Minute Order served on Hugo De Paz Derosa. (Deputy Clerk IM)
Aug 31, 2026
Minute Order
#5
Sep 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Christopher Chestnut (Williams, Jonathan) (Entered: 09/01/2026)
Main Document:
DESIGNATION
Sep 01, 2026
RECEIPT number 200020806 for $5.00 filing fee for Hugo De Paz Derosa. (Deputy Clerk KML)
#6
Sep 06, 2026
REPLY by Christopher Chestnut re 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit A-DHS Records, # 2 Exhibit B-RAP Sheet, # 3 Exhibit C-Removal Order)(Williams, Jonathan) (Entered: 09/06/2026)
Main Document:
REPLY
#7
Sep 18, 2026
MINUTE ORDER (Text Only Entry) A routine review of the EOIR public database indicates that Petitioner (A No. 221-056-338) was ordered removed on August 17, 2026, and that no appeal was received for this case. As such, it appears that Petitioner's order of removal is now administratively final. See 8 C.F.R. § 1241.1(c); 8 C.F.R. § 1003.38(b). Accordingly, to allow the Court to properly evaluate the applicable detention authority in this matter, Respondents SHALL provide an update on the finality of Petitioner's order of removal signed by District Judge Jennifer L. Thurston on September 18, 2026. (Deputy Clerk IM) (Entered: 09/18/2026)
#8
Sep 18, 2026
STATUS REPORT by Christopher Chestnut. (Williams, Jonathan) (Entered: 09/18/2026)
Main Document:
STATUS
Sep 18, 2026
SERVICE BY MAIL: 7 Minute Order served on Hugo De Paz Derosa. (Deputy Clerk IM)
Sep 18, 2026
Minute Order
Sep 18, 2026
Service by Mail
#9
Sep 21, 2026
MINUTE ORDER (Text Only Entry) The Court has reviewed Respondents' status report. (Doc. 8 .) The fact that "Petitioner has not served Respondent a copy of a Notice of Appeal" is not a sufficient update on the finality of Petitioner's removal order. (Id. at 1.) As such, the Court clarifies its previous Minute Order (Doc. 7 ) and directs Respondents to inquire directly with EOIR and/or the BIA as to whether Petitioner has timely filed an appeal of his final order of removal. Respondents SHALL provide an update to the Court as soon as possible, but no later than September 28, 2026 signed by District Judge Jennifer L. Thurston on September 21, 2026. (Deputy Clerk IM) (Entered: 09/21/2026)
#10
Sep 21, 2026
STATUS REPORT by Christopher Chestnut. (Williams, Jonathan) (Entered: 09/21/2026)
Main Document:
STATUS
Sep 21, 2026
SERVICE BY MAIL: 9 Minute Order served on Hugo De Paz Derosa. (Deputy Clerk IM)
Sep 21, 2026
Minute Order
Sep 21, 2026
Service by Mail
#11
Sep 24, 2026
ORDER Denying 1 Petition for Writ of Habeas Corpus; Denying the 2 Motion for TRO as Moot; and Directing the Clerk of Court to Close the Case signed by District Judge Jennifer L. Thurston on 09/23/2026. CASE CLOSED. (Deputy Clerk LJB) (Entered: 09/24/2026)
Sep 24, 2026
SERVICE BY MAIL: 11 Order Dismissing Case, Order on Motion for TRO served on Hugo De Paz Derosa. (Deputy Clerk LJB)
Sep 24, 2026
Service by Mail
Parties
Chestnut
Party
(HC) De Paz Derosa
Party