(HC) Anguiano Garcia v. Chestnut et al

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FERNANDO ANGUIANO GARCIA,
Petitioner,
v.
TODD LYONS, Acting Director, ICE, et
al.,
Respondents.
No. 1:25-cv-01925-KES-SKO (HC)
ORDER GRANTING PETITIONER’S
REQUEST FOR ORDER TO SHOW
CAUSE IN PART [Doc. 2]
ORDER TO SHOW CAUSE WHY
PETITION SHOULD NOT BE GRANTED
[THIRTY DAY DEADLINE]
Petitioner has filed a petition for writ of habeas corpus challenging his detention by the
United States Bureau of Immigration and Customs Enforcement (“ICE”). (Doc. 1.) He has also
filed a motion for an order directing Respondent to show cause why the petition should not be
granted. (Doc. 2.)
Petitioner states he was wrongly taken into custody and detained during a routine ICE
check-in appointment. He contends he was detained despite there being no changed
circumstances or revocation of bond.
Because Petitioner may be entitled to relief if the claimed violations are proved,
Respondent IS ORDERED TO SHOW CAUSE why the Petition should not be granted. Rule 4,
Rules Governing Section 2254 Cases; see Rule 1(b), Rule 11, Rules Governing Section 2254
Cases; Fed. R. Civ. P. 81(a)(2). Respondent SHALL INCLUDE all documentation relevant to the
Case 1:25-cv-01925-SKO Document 5 Filed 12/19/25 Page 1 of 2

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determination of the issues raised in the petition, including but not limited to, a copy of
Petitioner’s Alien File, or any relevant portions thereof. Rule 5 of the Rules Governing Section
2254 Cases. In the event the Petitioner is released from ICE custody during the pendency of this
Petition, the parties SHALL notify the Court by filing a Motion to Dismiss the Petition or other
proper pleading.
Accordingly, it is HEREBY ORDERED:
1. Petitioner’s motion for order to show cause is GRANTED IN PART1;
2. Respondent is ORDERED TO SHOW CAUSE why the Petition should not be
granted. The Response to the Order to Show Cause is due within THIRTY (30)
days of the date of service of this order.
3. Petitioner may file a Traverse to the Response within THIRTY (30) days of the
date the Response to the Order to Show Cause is filed with the Court.
The Court has determined that this matter is suitable for decision without oral argument
pursuant to Local Rule 230(h). As such, the matter will be taken under submission following the
filing of Petitioner’s Traverse or the expiration of the time for filing the Traverse. All other
briefing in this action is suspended.
IT IS SO ORDERED.
Dated: December 19, 2025 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE
1 Petitioner requests the return to the order to show cause be filed within five (5) days. This limited
amount of time is simply not feasible with the volume of immigration cases currently inundating the
Court. The Court has advanced the time to respond to thirty (30) days in all such immigration cases, rather
than the customary sixty (60) days provided in other habeas cases in this Court. The Court will do so here
as well.
Case 1:25-cv-01925-SKO Document 5 Filed 12/19/25 Page 2 of 2