The opinion
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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11 JOHN DOE, Case No. 1:24-cv-00943-EPG-HC
12 Petitioner, ORDER DENYING PETITIONER’S
REQUEST FOR COURT TO ORDER THAT
13 v. PETITIONER REMAIN DETAINED IN
EASTERN DISTRICT PENDING
14 CHRISTOPHER CHESTNUT, et al., RESOLUTION OF PETITION
15 Respondents. (ECF No. 25)
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17 Petitioner John Doe, represented by counsel, is a federal immigration detainee proceeding
18 with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The parties have
19 consented to the jurisdiction of a United States magistrate judge. (ECF Nos. 4, 10, 11.)
20 On November 20, 2025, this Court granted Petitioner’s petition for writ of habeas corpus
21 and found that Petitioner’s release from detention is the appropriate remedy. (ECF No. 24.) On
22 November 25, 2025, the Court ordered Petitioner’s release on conditions. (ECF No. 27.)
23 On November 24, 2025, counsel for Petitioner submitted a declaration, stating that at
24 9:50 a.m. that morning, counsel received a panicked call from Petitioner, who was told to pack
25 his items because he was being transferred. Petitioner was not informed where he was being
26 taken. (ECF No. 25 at 2.1) Counsel checked the Executive Office of Immigration Review portal
27 and learned that the Board of Immigration Appeals dismissed Petitioner’s appeal on November
een ee ES ISI III IIE
1 | 21, 2025.7 Counsel immediately filed a petition for review in the Ninth Circuit and a motion for
2 | temporary stay of removal.? Petitioner “asks the Court to order that he remain detained in the
3 | Eastern District pending the imminent resolution of his habeas petition.” (ECF No. 25 at 3.)
4 Given that the Court has ordered Petitioner to be released, the Court DENIES as MOOT
5 | Petitioner’s request that the Court order he remain detained in the Eastern District pending the
6 | resolution of his habeas petition. See Rumsfeld v. Padilla, 542 U.S. 426, 441 (2004) (noting that
7 | “when the Government moves a habeas petitioner after she properly files a petition naming her
8 | immediate custodian, the District Court retains jurisdiction and may direct the writ to any
9 | respondent within its jurisdiction who has legal authority to effectuate the prisoner’s release”).
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i IT IS SO ORDERED.
12| Dated: _November 25, 2025 [see ey ——
UNITED STATES MAGISTRATE JUDGE
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27 | ? Counsel has not received a copy of the decision.
3 According to Ninth Circuit rules, the filing of the motion for a temporary stay of removal automatically
28 stays Petitioner’s removal.