Eastern District of California • 1:26-cv-08842
(HC) Hun-Garcia v. Chestnut
Active
Case Information
Filed: October 27, 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 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 27, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Christopher Chestnut, Todd M. Lyons, Markwayne Mullin by Kevin Natanael Hun-Garcia. (Filing fee $ 5, receipt number ACAEDC-14070875) (Attachments: # 1 Civil Cover Sheet)(Yasrebi, Arash) (Entered: 10/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Kevin Natanael Hun-Garcia. (Attachments: # 1 Memorandum, # 2 Declaration)(Yasrebi, Arash) (Entered: 10/27/2026)
Main Document:
Temporary Restraining Order
#3
Oct 27, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/27/2026)
Main Document:
Immigration New Case Documents
#4
Oct 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Sergio Albarran,Anthony Andrews for Todd Blanche,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Todd M. Lyons,Anthony Andrews for Markwayne Mullin (Andrews, Anthony) (Entered: 10/27/2026)
Main Document:
DESIGNATION
#5
Oct 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/27/2026: 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: 10/27/2026)
#6
Oct 27, 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. (Anonymous) (Entered: 10/27/2026)
Main Document:
CONSENT/DECLINE
Oct 27, 2026
Minute Order
#8
Nov 04, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 11/03/2026 GRANTING the 1 Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Petitioner Kevin Natanael H.-G. (A# 220-378-178) from custody on an order of release on recog nizance. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents must file a notice of compliance with this order within 2 court days of the date of this order. Respondents are ENJOINED 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 factfinder whe re the government demonstrates by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining f ree from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Should Petitioner become subject to a final and executable order of removal, the government sha ll provide Petitioner a minimum of 7 days' notice (counting from the date the removal order becomes final and executable) of any intent to execute the order and detain Petitioner. Petitioner's 2 Motion for Temporary Restraining Order and Order to Show Cause is DENIED as moot. CASE CLOSED. (cc: California City) (Deputy Clerk KS)
#9
Nov 04, 2026
Judgment
Main Document:
Judgment
#10
Nov 06, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
Chestnut
Party
(HC) Hun-Garcia
Party