Eastern District of California • 1:26-cv-07075

(HC) Victores v. Chestnut

Active

Case Information

Filed: September 03, 2026
Assigned to: Dale Alan Drozd
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 16, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 03, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Lazaro Tomas Victores. (Deputy Clerk DAR) (Entered: 09/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/04/2026)
Main Document: Immigration New Case Documents
Sep 04, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Lazaro Tomas Victores. (Deputy Clerk DAR)
Sep 04, 2026
Service by Mail
#3
Sep 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Christopher Chestnut (Williams, Jonathan) (Entered: 09/07/2026)
Main Document: DESIGNATION
#4
Sep 08, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/08/2026. Petitioner, Lazaro Tomas Victores (A# 078-486-055), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Based on the length of time in which petitioner has been in immigration detention, the court hereby authorizes petitioner to proceed in forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914. The petition, liberally construed, asserts petitioner's detention violates the Immigration and Nationality Act and his federal due process rights. ECF No. 1. The Ninth Circuit recently ruled on a similar statutory claim, holding that "[noncitizens] present without admission who are apprehended in the interior of the United States are subject to detention regime of § 1226, not § 1225(b)(2)(A)." Rodriguez Vazquez v. Bostock, 183 F.4th 1160 (9th Cir. 2026). Respondents are therefore directed to file a response within 7 days from the date of this order (see 28 U.S.C. § 2243), which shall substantively address whether there are any factual or legal issues that materially distinguish this case from Rodriguez Vazquez v. Bostock or the court's prior orders in Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026), Acevedo Duran v. Albarran, No. 1:26-cv-01108-DC-CSK, Doc. No. 11 (E.D. Cal. Feb. 26, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondent[s] dispute[s] any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/08/2026)
Sep 08, 2026
Minute Order
Sep 08, 2026
SERVICE BY MAIL: 4 Minute Order served on Lazaro Tomas Victores. (Deputy Clerk JAA)
Sep 08, 2026
Service by Mail
#5
Sep 09, 2026
NOTICE of RELATED CASE(S) 1:26-cv-06768-DAD-SCR by Christopher Chestnut. (Williams, Jonathan) (Entered: 09/09/2026)
Main Document: Notice of Related Case
#6
Sep 09, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Christopher Chestnut, attorney Jonathan Williams, GOVT terminated (Andrews, Anthony) (Entered: 09/09/2026)
Main Document: DESIGNATION
#7
Sep 11, 2026
RELATED CASE ORDER signed by District Judge Dale A. Drozd on 09/10/26 RELATING Cases 1:26-cv-06768-DAD-SCR and 1:26-cv-07075-DC-AC. District Judge Dena M. Coggins and Magistrate Judge Allison Claire no longer assigned to case. New Case Number: 1:26-cv-7075-DAD-SCR. The matter is hereby referred to Magistrate Judge Sean C. Riordan for further proceedings. (Deputy Clerk KML) (Entered: 09/11/2026)
Main Document: Order Reassigning Case
Sep 11, 2026
SERVICE BY MAIL: 7 Order served on Lazaro Tomas Victores. (Deputy Clerk KML)
Sep 11, 2026
Service by Mail
#8
Sep 14, 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. (Deputy Clerk DAR) (Entered: 09/16/2026)
Main Document: CONSENT/DECLINE
#9
Sep 16, 2026
RESPONSE by Christopher Chestnut to 4 Minute Order,,,,,,,,,,, 1 Petition for Writ of Habeas Corpus. (Andrews, Anthony) (Entered: 09/16/2026)
Main Document: RESPONSE

Parties

Chestnut
Party
(HC) Victores
Party