Eastern District of California • 1:26-cv-07889
(HC) Buyucue Pena v. Chestnut
Active
Case Information
Filed: September 25, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 25, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Victor Leonardo Buyucue Pena. (Deputy Clerk GDD) (Entered: 09/29/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 25, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Victor Leonardo Buyucue Pena. (Deputy Clerk GDD) (Entered: 09/29/2026)
Main Document:
In Forma Pauperis
#3
Sep 25, 2026
MOTION to APPOINT COUNSEL by Victor Leonardo Buyucue Pena. (Deputy Clerk GDD) (Entered: 09/29/2026)
Main Document:
Appoint Counsel
#4
Sep 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk GDD) (Entered: 09/29/2026)
Main Document:
Immigration New Case Documents
#5
Sep 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/29/2026: 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: 09/29/2026)
#6
Sep 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Christopher Chestnut (Andrews, Anthony) (Entered: 09/29/2026)
Main Document:
DESIGNATION
Sep 29, 2026
Service by Mail
Sep 29, 2026
Minute Order
Sep 29, 2026
SERVICE BY MAIL: 5 Minute Order served on Victor Leonardo Buyucue Pena. (Deputy Clerk MDK)
Sep 29, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Victor Leonardo Buyucue Pena. (Deputy Clerk GDD)
#7
Oct 01, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/30/2026 GRANTING 2 motion to proceed in forma pauperis; DIRECTING Pursuant to 28 U.S.C. § 2243, respondents shall file a response to the petition within 7 days of the date of this order and shall include with the response any and all transcripts or other documents relevant to the determination of the issues presented in the habeas application; and Petitioner may optionally file a reply/traverse to an answer or opposition to a motion to dismiss within 14 days after service with the response. (Deputy Clerk RRB) (Entered: 10/01/2026)
Main Document:
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Oct 01, 2026
SERVICE BY MAIL: 7 Order served on Victor Leonardo Buyucue Pena. (Deputy Clerk RRB)
Oct 01, 2026
Service by Mail
#8
Oct 02, 2026
SUPPLEMENT by Victor Leonardo Buyucue Pena re 1 Petition for Writ of Habeas Corpus. (Deputy Clerk LMS) (Entered: 10/06/2026)
Main Document:
SUPPLEMENT
#9
Oct 08, 2026
MOTION to DISMISS; ANSWER to 1 Petition for Writ of Habeas Corpus by Christopher Chestnut. (Andrews, Anthony) Modified on 10/15/2026 (HAH). (Entered: 10/08/2026)
Main Document:
Dismiss
#10
Oct 08, 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 LMS) (Entered: 10/09/2026)
Main Document:
CONSENT/DECLINE
#11
Oct 27, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#12
Oct 29, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/28/26 DENYING 3 Motion to Appoint Counsel and RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted in part; that Respondents be order ed to provide petitioner a bond hearing before an Immigration Judge within 14 days of adoption of these findings and recommendations; and Clerk enter judgment and close case. Referred to Judge Troy L. Nunley; Objections to these F&Rs within 7 days. (Deputy Clerk AJB)
Oct 29, 2026
Service by Mail
#13
Nov 05, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
Parties
Chestnut
Party
(HC) Buyucue Pena
Party