District of Oregon • 3:25-cv-01390

#1

Aug 07, 2025

Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-9942275. Filed by L-J-P-L against Pamela Bondi, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Camilla Wamsley. (Manning, Stephen) (Entered: 08/07/2025)

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Aug 07, 2025

Civil Cover Sheet

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Aug 07, 2025

Notice of Case Assignment: This case is assigned to Judge Karin J. Immergut. (ajm) (Entered: 08/07/2025)

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Aug 07, 2025

ORDER TO SHOW CAUSE: The Court ORDERS Respondents to answer or otherwise respond to the Petition by no later than 12:00 PM on August 13, 2025. A reply in support of the Petition, if any, is due by 12:00 PM on August 15, 2025. A hearing on the Petition is set for 12:00 PM on August 19, 2025, in Portland Courtroom 13A before Judge Karin J. Immergut. Respondents are ordered not to move Petitioner outside the District of Oregon without advance notice to the Court as described in this Order, and to notify the Court within two hours of being served with this Order if Petitioner has already been transferred out of the District of Oregon. Signed on 8/7/2025 by Judge Karin J. Immergut. (jy) (Entered: 08/07/2025)

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Aug 08, 2025

1 - Scheduling

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Aug 08, 2025

Notice re Scheduling Order, 5 Notice of Petitioner Status Filed by Pamela Bondi, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Cammilla Wamsley. (Related document(s): Scheduling Order, 5 .) (Luse, Susanne) (Entered: 08/08/2025)

#7

Aug 08, 2025

Proposed Summons (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons) Filed by All Plaintiffs. (Garcia Orjuela, Nelly) (Entered: 08/08/2025)

#8

Aug 08, 2025

ORDER: In light of the Respondents' Notice, ECF 6, that Petitioner was moved out of this District and into Washington state on August 7, 2025 at approximately 5:00 p.m., the parties are directed to file a Joint Statement on Venue by August 11, 2025, that either: (1) states their agreement as to the proper venue for this matter; or (2) in the absence of agreement, provides a proposed expedited briefing schedule on the issue of venue. Should the parties agree, the parties shall identify the appropriate venue and include a brief legal analysis in support of their position in their Joint Statement on Venue. See Khalil v. Joyce, 25-cv-1935 (JMF), 2025 WL 849803 (S.D.N.Y. Mar. 19, 2025); Doe v. Garland, 109 F.4th 1188 (9th Cir. 2024). The Respondents' August 13, 2025, deadline to respond to the Petition is stayed pending determination of venue. Respondents are further ordered to provide the Court with detail on what day and time the Government received notice of this Court's Order to Show Cause ordering Respondents not to move Petitioner out of this District, ECF 4 . Ordered on 8/8/2025 by Judge Karin J. Immergut. (jy) (Entered: 08/08/2025)

Aug 08, 2025

1 - Scheduling

#9

Aug 11, 2025

Summons Issued

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Aug 11, 2025

Joint Status Report

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Aug 11, 2025

Attorney Appearance

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Aug 11, 2025

Attorney Appearance

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Aug 11, 2025

ORDER ON JURISDICTION AND SCHEDULING: In light of the parties' Joint Status Report agreeing that this Court continues to have jurisdiction in this case and that venue is proper in the District of Oregon, ECF 10, this Court will continue to exercise jurisdiction and LIFT the stay as to the briefing schedule on the underlying Petition. The briefing schedule set out in this Court's prior Order to Show Cause, ECF 4, is EXTENDED as follows: the Court ORDERS Respondents to answer or otherwise respond to the Petition by no later than 12:00 PM on August 14, 2025. A reply in support of the Petition, if any, is due by 12:00 PM on August 18, 2025. The hearing on the Petition is still set for 12:00 PM on August 19, 2025, in Portland Courtroom 13A before Judge Karin J. Immergut. Parties should notify the Court immediately with any objections to this schedule. Ordered on 8/11/2025 by Judge Karin J. Immergut. (jy) (Entered: 08/11/2025)

Aug 11, 2025

1 - Scheduling

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Aug 14, 2025

Response to Habeas Petition - 2241

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Aug 14, 2025

Declaration

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Aug 15, 2025

Declaration

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Aug 15, 2025

Motion - Miscellaneous

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Aug 15, 2025

Declaration

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Aug 15, 2025

ORDER REQUESTING SUPPLEMENTAL INFORMATION FROM RESPONDENTS AND DENYING PETITIONER'S MOTION FOR PRODUCTION OF PETITIONER AT THE HEARING: This Court has reviewed the Petition, ECF 1, and the Response to the Petition, ECF 14 . This Court would like to understand additional details regarding the chronology of events in this case. To that end, the Court ORDERS Respondents to provide supplemental information and, if possible, documentation, answering the following questions: (1) When and where did Petitioner first apply for asylum? Is there any documentation of the Petitioner's asylum application in the record? (2) When Petitioner was released on February 14, 2024, what was his release status? Were there any conditions attached to his release? (3) What is the status of Petitioner's asylum claim? Is it still pending, or has it been dismissed? Has Petitioner had an asylum hearing and has there been any determination on any asylum application? If not, is there an asylum hearing scheduled and if so, when is it scheduled? (4) What is the nature of the immigration court hearing that is currently scheduled for November 18, 2026? What documentation or information was provided to Petitioner about the nature and purpose of that hearing? Respondents are ORDERED to provide this supplemental information by 2:00 PM on Monday, August 18, 2025. The Court is also in receipt of Petitioner's Motion for Production of Petitioner at the Hearing and Provision of Interpretation, ECF 17 . The Court does not find it necessary to have Petitioner present for the hearing, as the Court expects the hearing to involve "only issues of law." 28 U.S.C § 2243. To the extent any disputes of fact become evident during the course of the hearing, Petitioner may renew this motion and the Court will consider whether to have a follow-up hearing. Ordered on 8/15/2025 by Judge Karin J. Immergut. (mja) (Entered: 08/15/2025)

Aug 15, 2025

1 - Scheduling

#20

Aug 18, 2025

Motion - Miscellaneous

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Aug 18, 2025

SCHEDULING ORDER. Hearing on the Petition is reset for 8/20/2025 at 08:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. The previous date of 8/19/2025 is VACATED. Ordered by Judge Karin J. Immergut. (jy) Modified on 8/18/2025 (jy). (Entered: 08/18/2025)

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Aug 18, 2025

ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION: Petitioner's Motion for Extension of Time to File Reply, ECF 20, is GRANTED. Petitioner's reply is due 8/18/2025 at 8:00 PM. Ordered on 8/18/2025 by Judge Karin J. Immergut. (jy) (Entered: 08/18/2025)

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Aug 18, 2025

Supplement

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Aug 18, 2025

Declaration

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Aug 18, 2025

File Document Under Seal

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Aug 18, 2025

Declaration

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Aug 18, 2025

0seal - Seal Docket Entry and/or Document ONLY use with other selection AND Exhibit

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Aug 18, 2025

Reply

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Aug 18, 2025

Declaration

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Aug 18, 2025

Declaration

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Aug 18, 2025

Declaration

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Aug 18, 2025

File Document Under Seal

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Aug 18, 2025

File Document Under Seal

Aug 18, 2025

Order on Motion

Aug 18, 2025

1 - Scheduling

Aug 19, 2025

(FILED UNDER SEAL)

Aug 19, 2025

(DOCUMENT FILED UNDER SEAL). Counsel is required to serve the sealed documents conventionally pursuant to LR 5-2(e). Filed by All Plaintiffs. (Related document(s): Order on Motion to File Document Under Seal, 36 .) (Garcia Orjuela, Nelly)

Aug 19, 2025

(DOCUMENT FILED UNDER SEAL). Counsel is required to serve the sealed documents conventionally pursuant to LR 5-2(e). Filed by All Plaintiffs. (Related document(s): Order on Motion to File Document Under Seal, 35 .) (Garcia Orjuela, Nelly)

Aug 19, 2025

0seal - Seal Docket Entry and/or Document ONLY use with other selection

#37

Aug 20, 2025

Minutes of Proceedings: Hearing held before Judge Karin J. Immergut on Petitioner's Petition for Writ of Habeas Corpus, ECF 1 . The Court takes the Petition under advisement with a written order to follow soon. Ordered on 8/20/2025 by Judge Karin J. Immergut. Nelly Paola Garcia Orjuela and Stephen W. Manning present as counsel for plaintiff(s). Ariana N. Garousi and Sarah Feldman present as counsel for defendant(s). Court Reporter: Lindsey Weresch. Judge Karin J. Immergut presiding. (jy) (Entered: 08/20/2025)

Aug 20, 2025

Motion Hearing Held

#38

Aug 22, 2025

OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS: The Petition for Writ of Habeas Corpus, ECF 1, is DENIED. Pursuant to the requirement in 8 C.F.R. § 241.8(e) that Respondents "immediately" refer Petitioner to an asylum officer for a reasonable fear interview, Respondents are ORDERED to notify this Court of the date for which that interview is scheduled within one week of the issuance of this Order. See attached Opinion and Order for details. Signed on 8/22/2025 by Judge Karin J. Immergut. (jy) (Entered: 08/22/2025)

#39

Sep 25, 2025

Motion for Reconsideration of Opinion and Order,, 38 . Expedited Hearing requested. Filed by L-J-P-L. (Hellgren, Tess) (Entered: 09/25/2025)

#40

Sep 25, 2025

Declaration of Petitioner L-J-P-L-. Filed by L-J-P-L. (Related document(s): Motion for Reconsideration 39 .) (Hellgren, Tess) (Entered: 09/25/2025)

#41

Sep 25, 2025

Declaration of Kathleen Marie Lowman Pritchard . Filed by L-J-P-L. (Related document(s): Motion for Reconsideration 39 .) (Hellgren, Tess) (Entered: 09/25/2025)

#42

Sep 25, 2025

Motion to File Document Under Seal Exhibits to Declaration of Kathleen Marie Lowman Pritchard (DOCUMENT FILED UNDER SEAL). Expedited Hearing requested. Counsel is required to serve the sealed documents conventionally pursuant to LR 5-2(e). Filed by L-J-P-L. (Attachments: # 1 Proposed Sealed Document) (Hellgren, Tess) (Entered: 09/25/2025)

#43

Sep 25, 2025

ORDER: The Court has received Petitioner's Motion to Reconsider 39 . Respondents are ordered to respond to the motion by Wednesday October 1, 2025 by 10 a.m., and Petitioner's reply is due Friday October 3, 2025 by 10 a.m. This Court will determine based on that briefing whether a hearing will be necessary. Ordered by Judge Karin J. Immergut. (jp) (Entered: 09/25/2025)

#45

Sep 25, 2025

(DOCUMENT FILED UNDER SEAL), Declaration of Kathleen Marie Lowman Pritchard: Exhibits. Counsel is required to serve the sealed documents conventionally pursuant to LR 5-2(e). Filed by L-J-P-L. (Related document(s): Order on Motion to File Document Under Seal 44, Motion to File Document Under Seal, 42 .) (Hellgren, Tess) (Entered: 09/25/2025)

Sep 25, 2025

Order

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Sep 26, 2025

ORDER: This Court would like to clarify that in their response, Respondents should focus on addressing Petitioner's new factual allegations in the Motion for Reconsideration, ECF 39, and whether those facts would now affect Petitioners rights, including but not limited to (1) Petitioner's alleged denial of access to his counsel of record during his reasonable fear interview, (2) Petitioner's alleged lack of fluency in the Spanish language, and (3) Petitioner's ongoing Section 1229a proceedings in immigration court. Ordered by Judge Karin J. Immergut. (mja) (Entered: 09/26/2025)

Sep 26, 2025

Order

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Oct 01, 2025

Response to Motion

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Oct 01, 2025

Declaration

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Oct 01, 2025

Declaration

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Oct 03, 2025

Reply to Motion

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Oct 03, 2025

Declaration

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Oct 03, 2025

Declaration

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Oct 06, 2025

SCHEDULING ORDER regarding Motion for Reconsideration of Opinion and Order 38 39 . Hearing is set for 10/8/2025 at 09:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/06/2025)

#54

Oct 06, 2025

ORDER: This Court requests supplemental factual information from Respondents on why Respondents immediately returned Petitioner to the United States after removing him from the United States on or around September 15, 2025. Respondents' supplement is due by 10/7/2025 at 3:00PM. Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/06/2025)

Oct 06, 2025

1 - Scheduling

#55

Oct 07, 2025

Declaration

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Oct 07, 2025

SCHEDULING ORDER regarding Motion for Reconsideration of Opinion and Order 38 39 . Oral Argument is reset for 10/9/2025 at 03:00PM in Portland Courtroom 13A before Judge Karin J. Immergut. The previous date of 10/8/2025 is VACATED. Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/07/2025)

Oct 07, 2025

1 - Scheduling

#57

Oct 08, 2025

ORDER: This Court requests that, in addition to addressing the impact of the new information presented by Petitioner since this Court issued its prior Order, ECF 38, the parties should be prepared to discuss whether this Court has jurisdiction to review Petitioner's claim of denial of counsel at his reasonable fear interview, or any other claims challenging the validity of the reinstatement order, under 8 U.S.C. Sections 1252(a)(5) and 1252(b)(9). See, e.g., J.E.F.M. V. Lynch, 837 F.3d 1026, 103135 (9th Cir. 2016). (jy) (Entered: 10/08/2025)

Oct 08, 2025

Order

#58

Oct 09, 2025

MINUTES OF PROCEEDINGS: Hearing held before Judge Karin J. Immergut on Petitioner's Motion for Reconsideration, ECF 39. This Court takes the motion under advisement. Pursuant to the parties' stipulation at the hearing, this Court ORDERS Respondents to keep Petitioner in Tacoma, Washington, pending this Court's resolution of the motion. Ordered on 10/14/2025 by Judge Karin J. Immergut. Tess Margaret Hellgren, Nelly Paola Garcia Orjuela and Stephen W. Manning present as counsel for plaintiff(s). Ariana N. Garousi present as counsel for defendant(s). Court Reporter: Lindsey Weresch. Judge Karin J. Immergut presiding. (jy) (Entered: 10/14/2025)

Oct 14, 2025

Motion Hearing Held

#59

Oct 15, 2025

ORDER: This Court requests supplemental briefing from Respondents addressing their position on whether Petitioner was immediately returned to the United States because Respondents could not remove him from the United States to any country or because they could not remove him to Guatemala only. See Johnson v. Guzman Chavez, 594 U.S. 523 (2021). Respondents' supplemental brief is limited to 5 pages and is due October 17, 2025, at 3:00 PM. Respondents are further ORDERED to provide an accompanying declaration of an individual with personal knowledge of why Petitioner was immediately returned to the United States. Petitioner may file a supplemental brief in response to Respondents' supplemental brief by October 20, 2025, at 3:00 PM, and any response is limited to 5 pages. Ordered on 10/15/2025 by Judge Karin J. Immergut. (jy) (Entered: 10/15/2025)

Oct 15, 2025

1 - Scheduling

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Oct 17, 2025

Brief

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Oct 17, 2025

Declaration

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Oct 18, 2025

Reply to Motion

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Oct 28, 2025

OPINION AND ORDER: Respondents are ORDERED to conduct an expedited reasonable fear interview with Petitioner's counsel present in person or by telephone. This Court again ORDERS Respondents to notify this Court of the date on which that interview is scheduled within one week of the issuance of this Order. Petitioner's Motion for Reconsideration, ECF 39, is otherwise DENIED. See attached opinion and order for details. Signed on 10/28/25 by Judge Karin J. Immergut. (jy)

#64

Nov 12, 2025

Judgment - Terminate Case