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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

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)

16 17 Petitioner John Doe, represented by counsel, is a federal immigration detainee proceeding 18 with a petition for writ of habeas corpus pursuant to

. 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,

(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”). 10 i IT IS SO ORDERED. 12| Dated: _November 25, 2025 [see ey —— UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 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.