Northern District of Ohio • 4:26-cv-00125
Herrera v. Secretary of the U.S. Department of Homeland Security
Active
Case Information
Filed: January 16, 2026
Assigned to:
James R. Knepp II
Referred to:
Reuben J. Sheperd
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
February 27, 2026
Parties:
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Docket Entries
#1
Jan 16, 2026
Complaint Petition for Habeas Corpus against Pamela Bondi, Robert Lynch, Todd Lyons, Daren Margolin, Mike Meintel, Kristi Noem, Ed Vorhies. Filing fee paid $ 405, Receipt number AOHNDC-13475239. Filed by Nolvin Ismael Herrera. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Index Petitioner's Index of Exhibits, # 4 Exhibit 1 - Parole Doc, # 5 Exhibit 2 - Employment Authorization, # 6 Exhibit 3 - Social Security, # 7 Exhibit 4 - Asylum Certificate of Service, # 8 Exhibit 5 - EOIR ECAS for Bond, # 9 Exhibit 6 - EOIR ECAS for Deportation, # 10 Exhibit 7 - ICE Policy, # 11 Exhibit 8 - Marriage Certificate, # 12 Exhibit 9 - Children's Birth Certificates, # 13 Exhibit 10 - Family Parole Documents, # 14 Exhibit 11 - Psych Report of Child, # 15 Exhibit 12 - Proof of Address, # 16 Exhibit 13 - Church Certificate, # 17 Exhibit 14 - Character Letters) (Starda, Gwendolyn) (Entered: 01/16/2026)
Main Document:
Complaint
#2
Jan 20, 2026
Original Summons issued to counsel for service upon Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Mike Meintel, Secretary of the U.S. Department of Homeland Security, Ed Vorhies. (D,Ju) (Entered: 01/20/2026)
Main Document:
Original
Jan 20, 2026
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Reuben J. Sheperd. (D,Ju)
Jan 20, 2026
Judge James R. Knepp II assigned to case. (D,Ju)
Jan 20, 2026
Remark by Clerk: This case was assigned and processed without the filing of a complete Civil Cover Sheet, which is required by Local Rule 3.13(a). Counsel was contacted regarding filing page 2. of the Civil Cover Sheet. Related document(s) 1 . (D,Ju)
#3
Jan 21, 2026
Supplement
Main Document:
Supplement
#4
Jan 21, 2026
Order of Referral
Main Document:
Order of Referral
#5
Jan 21, 2026
Civil Cover Sheet page 2, filed by Nolvin Ismael Herrera. Related document(s) 1 . (Starda, Gwendolyn) (Entered: 01/21/2026)
Main Document:
Civil
#6
Jan 21, 2026
Order
Main Document:
Order
Jan 21, 2026
Automatic Reference of Administrative Action
Jan 21, 2026
FILING ERROR. Automatic Reference [non-document] of Administrative Action to Magistrate Judge Reuben J. Sheperd pursuant to Local Rule 72.2. Judge James R. Knepp II on 1/21/2026. (S,JM) Modified to mark filing error on 1/21/2026. Order of Referral to issue. (S,JM).
Jan 21, 2026
Copy of 1 Petition, 6 Order, sent via electronic means to the Office of the United States Attorney, Northern District of Ohio on 1/21/2026. (D,JJ)
#7
Jan 22, 2026
Attorney Appearance by Kathryn Gaughan Andrachik filed by on behalf of Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 01/22/2026)
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Attorney
#8
Jan 22, 2026
Extension (answer complaint)
Main Document:
Extension (answer complaint)
Jan 22, 2026
Order [non-document] granting Defendants' 8 Unopposed Motion for extension of time until January 29, 2026 to respond to Petition for Writ of Habeas Corpus. Magistrate Judge Reuben J. Sheperd on 1/22/2026. (D,JJ)
Jan 22, 2026
Order on Motion for extension of time to answer
#9
Jan 29, 2026
Response To 1 Petition For Writ Of Habeas Corpus filed by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A - NTA, # 2 Exhibit B - MTC Order, # 3 Exhibit C - Hearing Notice, # 4 Exhibit D - Bond Redetermination Request, # 5 Exhibit E - Bond Order) (Andrachik, Kathryn) (Entered: 01/29/2026)
Main Document:
Response
Feb 04, 2026
IMPORTANT Notice [non-document] of Status Conference set for 2/5/2026 at 11:00 AM to be held telephonically before Magistrate Judge Reuben J. Sheperd. Call-in instructions have been provided to counsel of record. (D,JJ)
Feb 05, 2026
Minutes of Proceedings and Order [non-document]: On February 5, 2026, Magistrate Judge Reuben J. Sheperd conducted a telephone status conference on Petitioner's request to show cause under Section 2243 (ECF Doc. 1 ). In attendance were Gwendolyn Dee Starda for Petitioner and Kathryn Gaughan Andrachik for the United States Respondents. Wardens Ed Voorhies and Mike Meintel did not appear. The parties provided argument regarding Petitioner's status at the time of his arrest and detention and whether Sections 1225(b)(2)(A) or 1226(a) properly applies to him. The parties requested additional time to provide factual support for their respective positions, which was granted; the parties have until 12:00 p.m. on February 10, 2026 to provide their submissions. Petitioner is directed to submit documentation to show when his parole status expired, if at all (see ECF Doc. 1 -4), and the recording of the immigration bond hearing. Petitioner may submit either by USB directly to Chambers and opposing counsel, or may submit by email to chambers at sheperd_chambers@ohnd.uscourts.gov and cc'ing opposing counsel. Respondents are directed to submit documentation regarding the revocation of Petitioner's parole and the basis on which Petitioner was arrested and detained, if any. So ordered. Magistrate Judge Reuben J. Sheperd on 2/5/2026. (Time: 20 minutes). (D,JJ)
Feb 05, 2026
Minute Order _ Status Conference
#10
Feb 10, 2026
Reply memorandum to 9 Response To Petition For Writ Of Habeas Corpus filed by Nolvin Ismael Herrera. (Attachments: # 1 Appendix Table of Exhibits, # 2 Exhibit 15 - USCIS Policy Manual, # 3 Exhibit 16 - EOIR system with Bond Hearing, # 4 Exhibit 18 - Email from Chief IJ, # 5 Exhibit 19 - Individual Hearing Notice, # 6 Exhibit 20 - Pretermission Order) (Starda, Gwendolyn) (Entered: 02/10/2026)
Main Document:
Reply
#11
Feb 10, 2026
Supplemental Response to Petition for Writ of Habeas Corpus filed by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. Related document(s) 1, 9 . (Attachments: # 1 Exhibit F - Parole Stamp, # 2 Exhibit G - I-213, # 3 Exhibit H - Declaration of Bradley Shaver) (Andrachik, Kathryn) (Entered: 02/10/2026)
Main Document:
Supplemental
#12
Feb 12, 2026
Second Supplemental Response to Petition for Writ of Habeas Corpus filed by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. Related document(s) 1 . (Attachments: # 1 Exhibit H - Declaration of Bradley Shaver) (Andrachik, Kathryn) (Entered: 02/12/2026)
Main Document:
Second
Feb 12, 2026
Order [non-document]: On January 21, 2026, Respondents were ordered pursuant to 28 U.S.C. 2243 to respond to the petition and show cause why the detained person is not entitled to relief. On January 29, 2026, Respondents provided their written response, and on February 5, 2026, I held a status conference and permitted the parties to file supplements (ECF Docs. 9, 10, 11 ). I find Respondents' filings lacking, and insufficient for the Court to determine what relief may be appropriate, if any. Petitioner contends he was compliant with all required immigration appearances when he was unexpectedly detained on December 15, 2025 when attempting to present for his required check-in. Respondents provide an unsworn declaration (ECF Doc. 11 -3) stating that Petitioner was noncompliant with his appearances, but provide no detail as to the date of noncompliance or copies of the messages sent to Petitioner regarding that noncompliance and his violation of the terms of his alternative to detention release. Respondents have until 5:00 p.m. on February 13, 2026 to provide supporting documentation. So ordered. Magistrate Judge Reuben J. Sheperd on 2/12/2026. (D,JJ)
Feb 12, 2026
Order
#13
Feb 17, 2026
Sanctions
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Sanctions
#14
Feb 27, 2026
Report and Recommendation
Main Document:
Report and Recommendation
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