District of Oregon • 6:25-cv-01425

#1

Aug 12, 2025

Petition - Writ of Habeas Corpus - 2241

#2

Aug 12, 2025

Notice of Case Assignment: This case is assigned to Judge Mustafa T. Kasubhai. (jw) (Entered: 08/12/2025)

#3

Aug 12, 2025

ORDER by Judge Mustafa T. Kasubhai: Petitioner S-M-J, detained by Respondents on August 12, 2025, while attending a routine immigration check-in at the Eugene ICE office, has filed a petition for habeas corpus. The Court ORDERS the following: (1) The Clerk of the Court must serve a copy of the Petition and this Order upon Respondents and the United States Attorney for the District of Oregon, Scott E. Bradford (scott.bradford@usdoj.gov). (2) The Court will set a schedule for responding to the Petition at a hearing SET for August 13, 2025, at 11:00 a.m. by telephone. (3) Although a United States District Court generally lacks subject-matter jurisdiction to review orders of removal, see 8 U.S.C § 1252(a)(1), (g), it does generally have jurisdiction over habeas petitions. See 28 U.S.C § 2241(a); see also Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., Art. I, § 9, cl. 2 and stating that "absent suspension, the writ of habeas corpus remains available to every individual detained within the United States"). Moreover, "'a federal court always has jurisdiction to determine its own jurisdiction,'" including its own subject-matter jurisdiction. Brownback v. King, 592 U.S. 209, 21819 (2021) (quoting United States v. Ruiz, 536 U.S. 622, 628 (2002)). To give this Court the opportunity to determine whether it has subject-matter jurisdiction, and if so to consider the validity of the habeas petition, a court may order the respondent to preserve the status quo. See United Mine Workers of Am., 330 U.S. 258, 293 (1947) ("[T]he District Court ha[s] the power to preserve existing conditions while it... determine[s] its own authority to grant injunctive relief," unless the assertion of jurisdiction is frivolous.). Such an order remains valid unless and until it is overturned, even when the issuing court lacks subject-matter jurisdiction to determine the underlying action's merits. See id. at 29495. This principle applies with even greater force where the action the court enjoins would otherwise destroy its jurisdiction or moot the case. United States v. Shipp, 203 U.S. 563, 573 (1906). (4) Unless otherwise ordered by this Court, Petitioner shall not be moved outside of the District of Oregon without first providing advance notice of the intended move. Such notice must be filed in writing and on the docket in this proceeding and must state the reason that the Respondent believes that such a move is necessary and should not be stayed pending further court proceedings. Once that notice has been filed on the docket, the Petitioner shall not be moved out of the District for a period of at least 48 hours from the time of the docketing. If the 48-hour period would end on a weekend or legal holiday, the period continues to run until the same time on the next day that is not a weekend or legal holiday. Fed. R. Civ. P. 6(a)(2)(C). This period may be shortened or extended as appropriate by further Court order. (5) If the Respondent has already moved Petitioner outside of this District, Respondent is ordered to notify the Court within two hours of being served with this Order. Such notice must be filed in writing and on the docket in this proceeding. In addition, Respondent is further ordered to state in any such notice the exact date and time that Petitioner left the District of Oregon and the reason why Respondent believed that such a move was immediately necessary. (6) Lastly, to expedite Respondents' ability to file a Response to the Petition, Petitioner is directed to share his "Alien Registration Number" (if known) with Respondent within 24 hours of the filing of this Order. (Copy of Petition, Order and call-in information emailed the United States Attorney on 8/12/2025.) (bd) (Entered: 08/12/2025)

Aug 12, 2025

1 - Scheduling

#4

Aug 13, 2025

MINUTES of Proceedings: Telephonic Scheduling Conference held before Judge Mustafa T. Kasubhai regarding Petition for Writ of Habeas Corpus 2241 1 . By 8/18/2025, Respondents are ordered to show cause in writing why the Petition should not be granted. An in-person hearing on the Petition is scheduled for August 22, 2025, at 2:00pm. At the time of that hearing, the Court will take any evidence, hear the parties' arguments and, if necessary to resolve the Petition, order a further briefing schedule. In addition, a videoconference hearing to address the Court's authority to address release prior to resolution of the Petition is scheduled for August 15, 2025, at 1:00pm. (Copy of Minutes emailed to USAO on 8/13/2025.) Robert Easton and Kurt Hermansen present as counsel for petitioner. Benjamin Hickman and Josh Keller present as counsel for respondents. (FTR - Eugene Courtroom 1.) (bd) Modified on 8/13/2025 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/13/2025)

#5

Aug 13, 2025

Notice regarding Status of Detention. Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Luse, Susanne) (Entered: 08/13/2025)

Aug 13, 2025

9CONV - Schedules - Set/Reset/Terminate AND Scheduling Conference

#6

Aug 15, 2025

Attorney Substitution

#7

Aug 15, 2025

Attorney Appearance

#8

Aug 15, 2025

Memorandum in Support

#9

Aug 15, 2025

MINUTES of Proceedings: Status Conference held before Judge Mustafa T. Kasubhai. Robert Easton and Kurt Hermansen present as counsel for petitioner. Benjamin Hickman present as counsel for respondents. (Court Reporter: Lindsey Weresch.) (bd) (Entered: 08/15/2025)

Aug 15, 2025

Status Conference

#10

Aug 18, 2025

Consolidate

#11

Aug 18, 2025

Response to Habeas Petition - 2241

#12

Aug 18, 2025

Declaration

#13

Aug 18, 2025

Declaration

#14

Aug 21, 2025

ORDER by Judge Mustafa T. Kasubhai GRANTING Unopposed Motion to Consolidate 10 . Consistent with the Court's order for an in-person hearing and with informal emails with the parties, Respondents are ORDERED to produce Petitioners in person so that they may offer testimony at the hearing scheduled for 8/22/2025. (bd) Modified on 8/21/2025 to correct docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/21/2025)

#15

Aug 21, 2025

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: Oral Argument and Evidentiary Hearing set for 8/22/2025 at 2:00PM is ADVANCED to 1:00PM in Eugene Courtroom 1 before Judge Mustafa T. Kasubhai. Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) (Entered: 08/21/2025)

#16

Aug 21, 2025

Temporary Restraining Order

Aug 21, 2025

Order on Motion to Consolidate

Aug 21, 2025

1 - Scheduling

#17

Aug 22, 2025

Notice of Supplemental Authority

#18

Aug 22, 2025

Notice of Supplemental Authority

#19

Aug 22, 2025

MINUTES of Proceedings: Oral Argument and Evidentiary Hearing held before Judge Kasubhai. Witnesses sworn. Witnesses: SMJ and Vannia Glasinovic. Based on the arguments and evidence set forth in this case, for the reasons stated on the record, Petitioners' Motion for Temporary Restraining Order (ECF No. 16 ) is GRANTED. The Court ORDERS the following relief: (1) Respondents shall release Petitioners from custody immediately; (2) Petitioners may not be re-detained until the pending Petition is resolved absent leave of this Court; (3) Respondents shall refer to Petitioners as J-M-L and S-M-J, "Petitioner(s)" or "father" and "son," and may not disclose their names and personal identifying information in any public court documents, press releases, or any public statements or documents during and after this habeas action, without leave of court; and (4) Respondents shall allow Petitioners' counsel to accompany them to any future immigration matters, including ICE check-ins. A formal Opinion & Order on the pending Petition for Writ of Habeas Corpus (ECF No. 1 ) will follow. Robert Easton and Kurt Kermansen present as counsel for petitioners. Benjamin Hickman present as counsel for respondents. (Interpreters Present for Petitioners: Juana Diego Juan (oath administered) (Kanjobal) and Andre Knaebel (oath on file with the court) (Spanish) .) (Court Reporter: Kellie Humiston.) Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) Modified on 8/22/2025 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/22/2025)

Aug 22, 2025

Evidentiary Hearing AND Order on Motion for Temporary Restraining Order

#20

Aug 28, 2025

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: Status Conference is set for 9/3/2025 at 09:30AM in Eugene by telephone before Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by separate order. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) (Entered: 08/28/2025)

#21

Aug 28, 2025

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: At the request of defense counsel, the Status Conference set for 9/3/2025 at 9:30 AM is RESET for 9/10/2025 at 09:30AM in Eugene by telephone before Judge Mustafa T. Kasubhai regarding Emergency Motion for Temporary Restraining Order And Response to Respondents' Return ( 17 in 6:25-cv-01426-MTK, 16 in 6:25-cv-01425-MTK). The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. The parties are to use the previously entered call-in information. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. The Court's order in ECF No. 19 in Case No. 6:25-cv-01425-MTK and ECF No. 20 in Case No. 6:25-cv-01426-MTK remains in effect. Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) Modified on 8/28/2025 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) Modified on 8/28/2025 to modified docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/28/2025)

Aug 28, 2025

1 - Scheduling

#22

Sep 10, 2025

MINUTES of Proceedings: Telephonic Status Conference held before Judge Mustafa T. Kasubhai. Based on the availability of the parties and their stipulations, the Court finds good cause to extend the TRO entered August 22, 2025 (ECF No. 19 in 6:25-cv-01425-MTK and ECF No. 20 in 6:25-cv-01426-MTK) until the time of the preliminary injunction hearing. All relief ordered in ECF No. 19 and ECF No. 20 remains in effect. Oral Argument and Evidentiary Hearing are set for 9/26/2025 at 01:00PM in Portland Courtroom 9A before Judge Mustafa T. Kasubhai. The Petitioners' appearance at the hearing is WAIVED. Robert Easton and Kurt Hermansen present as counsel for petitioners. Benjamin Hickman present as counsel for respondents. (Court Reporter: Lindsey Weresch.) Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) (Entered: 09/10/2025)

Sep 10, 2025

9CONV - Schedules - Set/Reset/Terminate AND Status Conference

#23

Sep 16, 2025

Transcript Designation and Order Form

#24

Sep 19, 2025

Transcript of Proceedings

#25

Sep 19, 2025

Notice

#26

Sep 19, 2025

Preliminary Injunction

#27

Sep 22, 2025

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: The Evidentiary Hearing and Oral Argument set for 9/26/2025 at 1:00PM is RESET as a Status Conference in Portland by telephone before Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by separate order. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) (Entered: 09/22/2025)

Sep 22, 2025

1 - Scheduling

#28

Sep 25, 2025

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: Based on the schedule of the Court, the Status Conference set for 9/26/2025 at 1:00PM will now be at 01:30PM in Eugene by telephone before Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. The parties are to use the previously provided call-in information. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) (Entered: 09/25/2025)

Sep 25, 2025

1 - Scheduling

#29

Sep 26, 2025

MINUTES of Proceedings: Telephonic Status Conference held before Judge Mustafa T. Kasubhai. Respondents' Response to Petitioner's Motion for Preliminary Injunction ( 26 in 6:25-cv-01425-MTK, 27 in 6:25-cv-01426-MTK) is due October 6, 2025. Petitioner's Reply is due October 20, 2025. The Court finds good cause to extend the TRO entered August 22, 2025 (ECF No. 19 in 6:25-cv-01425-MTK and ECF No. 20 in 6:25-cv-01426-MTK) until a final decision on the pending Motion for Preliminary Injunction is entered. All relief ordered in ECF No. 19 and ECF No. 20 remains in effect. Robert Easton and Kurt Hermansen present as counsel for petitioners. Benjamin Hickman and Joshua Keller present as counsel for respondents. (Court Reporter: Kellie Humiston.) Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) (Entered: 09/26/2025)

Sep 26, 2025

Status Conference

#30

Oct 01, 2025

Stay

#31

Oct 02, 2025

ORDER by Judge Mustafa T. Kasubhai: Respondents' Unopposed Motion for Stay (ECF No. 30 in 6:25-cv-01425-MTK, ECF No. 31 in 6:25-cv-01426-MTK) is GRANTED as follows: Briefing on the motion for preliminary injunction is stayed until (1) funding is restored to the Department of Justice or (2) 30 days from the date of this order, whichever comes sooner. Within 3 days of the end of the stay, the parties are ordered to submit joint proposed deadlines. Respondents' motion notes that they do not oppose extending the existing temporary restraining order until the Court issues a decision on the preliminary injunction. The Court finds good cause to extend the TRO until that time. All relief ordered in ECF No. 19 and ECF No. 20 remains in effect until a final decision on the pending Motion for Preliminary Injunction is entered. Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) (Entered: 10/02/2025)

Oct 02, 2025

Order on Motion for Stay

#32

Nov 10, 2025

Opinion and Order

#33

Nov 10, 2025

Judgment - Terminate Case

#34

Nov 10, 2025

Judgment

#35

Jan 13, 2026

Stay

#36

Jan 16, 2026

ORDER by Judge Mustafa T. Kasubhai GRANTING Joint Motion for Stay 35 in case 6:25-cv-01425-MTK; Joint Motion for Stay 36 in case 6:25-cv-01426-MTK. Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK. (bd) (Entered: 01/16/2026)

Jan 16, 2026

Order on Motion for Stay

#37

Jan 23, 2026

Stay

#38

Jan 27, 2026

ORDER by Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Stay (Extended) 37 in case 6:25-cv-01425-MTK; 38 in case 6:25-cv-01426-MTK. The stay of this case is extended through February 17, 2026. (Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK.) (bd) (Entered: 01/27/2026)

Jan 27, 2026

Order on Motion for Stay

#39

Feb 17, 2026

Extension of Time

#40

Feb 19, 2026

ORDER: Granting Joint Motion for Extension of Time of Stay 39 in case 6:25-cv-01425-MTK; (40) in case 6:25-cv-01426-MTK. The stay of this case is extended through February 24, 2026. Ordered by Judge Mustafa T. Kasubhai. Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK (ck) (Entered: 02/19/2026)

#41

Feb 19, 2026

Joint Motion for Stay Extension. Filed by S-M-J, J-L-M.Associated Cases: 6:25-cv-01425-MTK, 6:25-cv-01426-MTK (Easton, Robert) (Entered: 02/19/2026)

Feb 19, 2026

Order on Motion for Extension of Time