Northern District of Ohio • 4:26-cv-00125

#1

Jan 16, 2026

Petition for Habeas Corpus against Secretary of the U.S. Department of Homeland Security, Attorney General of the United States, Warden Ed Vorhies, Warden Mike Meintel, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement Acting Director of U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review . 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) Modified text on 1/21/2026 (L,MI). (Entered: 01/16/2026)

#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)

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)

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)

#3

Jan 21, 2026

Civil Cover Sheet Instructions filed by Petitioner Nolvin Ismael Herrera. Related document(s) 1 . (Starda, Gwendolyn) Modified to term motion on 1/21/2026. Not a motion. (G,G). (Entered: 01/21/2026)

#4

Jan 21, 2026

Order referring case to Magistrate Judge Reuben J. Sheperd for report and recommendation and issuance of any order requiring Respondent(s) to answer, service of the petition, or any appropriate order directed to this matter, pursuant to Rule 4 of the Federal Rules of Civil Procedure governing Habeas Corpus cases. Judge James R. Knepp II on 1/21/2026. (S,JM) (Entered: 01/21/2026)

#5

Jan 21, 2026

Civil Cover Sheet page 2, filed by Nolvin Ismael Herrera. Related document(s) 1 . (Starda, Gwendolyn) (Entered: 01/21/2026)

#6

Jan 21, 2026

Order: The Court has examined the petition and, on its face, cannot say whether petitioner is entitled to at least some of the relief requested. Accordingly, the Clerk of Court shall forward a copy of the petition (ECF Doc. 1 ), together with this Order, to all Respondents and to the Office of the United States Attorney, Northern District of Ohio. Pursuant to 28 U.S.C. § 2243, and for good cause shown, the Court orders Respondents to respond to the petition by January 26, 2026. Magistrate Judge Reuben J. Sheperd on 1/21/2026. (D,JJ) (Entered: 01/21/2026)

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)

#8

Jan 22, 2026

Unopposed Motion for extension of time of 3 days until January 29, 2026 to respond 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. (Andrachik, Kathryn) (Entered: 01/22/2026)

Jan 22, 2026

Order on Motion for extension of time to answer

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)

#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)

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

Minute Order _ Status Conference

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)

#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)

#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)

#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)

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

Motion for sanctions filed by Petitioner Nolvin Ismael Herrera. (Attachments: # 1 Index Table of Exhibits, # 2 Exhibit Exhibit 21 - Petitioners Affidavit, # 3 Exhibit Exhibit 22 - I-220, # 4 Exhibit Exhibit 23 - Communication with Detention Facility)(Starda, Gwendolyn) (Entered: 02/17/2026)

#14

Feb 27, 2026

Report and Recommendation finding that Section 1225(b)(2)(A) is inapplicable to Petitioner and Respondents may not now impose mandatory detention against him pending his removal decision. I further find that Respondents have not sufficiently supported the lawfulness of Herrera's initial detention, nor does statutory interpretation or court precedent counsel his detention. Petitioner's motion for sanctions (ECF Doc. 13 ) is moot for the reasons stated in this Report and Recommendation. I therefore recommend the District Court grant the writ as to Petitioner and order his immediate release. Objections to Report & Recommendation due by 3/13/2026. Magistrate Judge Reuben J. Sheperd on 2/27/2026. (D,JJ) (Entered: 02/27/2026)

#15

Mar 13, 2026

Objection to Report and Recommendation 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) 14 . (Andrachik, Kathryn) (Entered: 03/13/2026)

Apr 09, 2026

Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Petition was originally filed under the incorrect category, which was corrected by the clerk to a habeas corpus petition. Original payment of $405 was made but was not corrected to the $5 filing fee for habeas corpus.. Receipt #: AOHNDC-13475239, filed by Nolvin Ismael Herrera. (Starda, Gwendolyn)

#16

May 14, 2026

Notice of Adverse Decision 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. (Andrachik, Kathryn) (Entered: 05/14/2026)

#17

May 20, 2026

Emergency Motion for ruling filed by Petitioner Nolvin Ismael Herrera. (Starda, Gwendolyn) (Entered: 05/20/2026)

#18

May 26, 2026

Order. It is ORDERED that the 1 Petition be, and the same hereby is, GRANTED IN PART and DENIED IN PART as set forth herein, and it is FURTHER ORDERED that, in accordance with Lopez-Campos, 2026 WL 1283891, Respondents shall within 7 days either afford Petitioner the statutory process required under 8 U.S.C. § 1226(a), which includes a bond hearing, or release him from custody. Related document(s) 14 . Judge James R. Knepp II on 5/26/2026. (S,JM) (Entered: 05/26/2026)

#19

May 26, 2026

Judgment Entry. For the reasons stated in the accompanying 18 Order, the 1 Petition is GRANTED IN PART and DENIED IN PART. Respondents shall within 7 days either afford Petitioner the statutory process required under 8 U.S.C. § 1226(a), which includes a bond hearing, or release him from custody. Judge James R. Knepp II on 5/26/2026. (S,JM) (Entered: 05/26/2026)

#20

Aug 24, 2026

Motion for attorney fees EAJA by Gwendolyn Dee Starda filed by Petitioner Nolvin Ismael Herrera. (Attachments: # 1 Exhibit Affidavit of Petitioner, # 2 Exhibit Invoice)(Starda, Gwendolyn) (Entered: 08/24/2026)

#21

Sep 03, 2026

Motion to Place Case in Abeyance 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) 20 . (Andrachik, Kathryn) (Entered: 09/03/2026)

#22

Sep 08, 2026

Response to 20 Motion for attorney fees EAJA by Gwendolyn Dee Starda 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. (Andrachik, Kathryn) (Entered: 09/08/2026)

#23

Oct 07, 2026

Order on Motion for attorney fees AND Order on Motion for order