Eastern District of California • 1:26-cv-08109
(HC) Durocher v. Chestnut
Active
Case Information
Filed: October 02, 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:
October 22, 2026
Parties:
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Docket Entries
#1
Oct 02, 2026
PETITION for WRIT of HABEAS CORPUS against Christopher Chestnut by Mackenson Durocher. (Deputy Clerk DAR) (Entered: 10/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Mackenson Durocher. (Deputy Clerk DAR) (Entered: 10/06/2026)
Main Document:
Temporary Restraining Order
#3
Oct 06, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 10/06/2026)
Main Document:
Immigration New Case Documents
#4
Oct 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Christopher Chestnut (Williams, Jonathan) (Entered: 10/06/2026)
Main Document:
DESIGNATION
#5
Oct 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/6/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release, detention, or bond; any custody determinations, warrants, or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Parties are reminded of their obligations under Local Rule 140 to redact personally identifiable information. Pending the Court's ruling on the Petition, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). However, this Order does not prohibit the temporary transfer of Petitioner outside of the District for urgent medical care, though Petitioner shall be returned to the District upon the conclusion of such care, and Respondents shall notify this Court within a reasonable time of any such transfer. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 10/06/2026)
Oct 06, 2026
Service by Mail
Oct 06, 2026
Minute Order
Oct 06, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Mackenson Durocher. (Deputy Clerk DAR)
Oct 06, 2026
SERVICE BY MAIL: 5 Minute Order served on Mackenson Durocher. (Deputy Clerk MDK)
#6
Oct 07, 2026
REPLY by Christopher Chestnut re 5 Minute Order,,,,,, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A - DHS Records, # 2 Exhibit B - Notice to Appear)(Williams, Jonathan) (Entered: 10/07/2026)
Main Document:
REPLY
#7
Oct 20, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 10/19/2026 GRANTING the 1 Petition for Writ of Habeas Corpus. Respondent must IMMEDIATELY RELEASE Petitioner Mackenson D. (A# 234-532-996) from custody. At the time of release, Respond ent must return all of Petitioner's documents and possessions. Respondent must file a notice certifying compliance with this provision of the Court's order within 2 court days from the date of this order. Respondent is ENJOINED and RESTRAIN ED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of 7 days' notice and a pre-deprivation hearing before a neutral fact finder where Respondent demonstrates by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. The 2 Motion for Temporary Restraining Order is DENIED as moot. CASE CLOSED. (cc: California City) (Deputy Clerk KS)
#8
Oct 20, 2026
Judgment
Main Document:
Judgment
Oct 20, 2026
Service by Mail
#9
Oct 22, 2026
Notice of Compliance
Main Document:
Notice of Compliance
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