Western District of Wisconsin • 3:26-cv-00063

#1

Jan 26, 2026

Petition for Writ of Habeas Corpus - Federal, and Complaint for Declaratory and Injunctive Relief, ( Filing fee $ 5 receipt number AWIWDC-3737145.), filed by Maria Concepcion Banegas Santos. (Attachments: # 1 Exhibit A - ICE Directive, # 2 JS-44 Civil Cover Sheet) (Wilson, David) Modified on 1/27/2026. (lak) (Entered: 01/26/2026)

#2

Jan 27, 2026

** TEXT ONLY ORDER ** Petitioner, a non-citizen currently in custody of Immigration and Customs Enforcement, contends that respondents have unlawfully detained her without giving her an opportunity for a bond hearing. The court recently addressed this issue in Quinapanta v. Bondi, Case No. 25-cv-795-wmc (W.D. Wis.)(dkt. #18), concluding that immigration officials had unlawfully classified the petitioner in that case as ineligible for bond. See also Paredes Padilla v. Galovich, Case No. 25-cv-863-jdp (W.D. Wis.)(dkt. #19) (reaching the same conclusion). The clerk of court is directed to issue summons and petitioner should promptly serve respondents with the petition and this order. Respondents' response to the petition will be due seven days after petitioner files her certificate of service. Petitioner's reply will be due three days after that. In their response brief, respondents should identify any factual circumstances that distinguish this case from Quinapanta. Signed by District Judge William M. Conley on 01/27/2026. (acd),(ps) (Entered: 01/27/2026)

#3

Jan 27, 2026

Summonses Issued as to Pamela Jo Bondi, et al. (Attachments: # 1 Summons as to U.S. Attorney, # 2 Summons as to Kristi Noem, # 3 Summons as to Department of Homeland Security, # 4 Summons as to Todd M. Lyons, # 5 Summons as to Immigration and Customs Enforcement, # 6 Summons as to Daren K. Margolin, # 7 Summons as to Executive Office for Immigration Review, # 8 Summons as to David Easterwood, # 9 Summons as to Matt Izzard, Sheriff of Douglas County) (jef),(ps) (Entered: 01/27/2026)

Jan 27, 2026

Case randomly assigned to District Judge William M. Conley and Magistrate Judge Anita Marie Boor. (lak),(ps)

Jan 27, 2026

Order to Show Cause

Jan 27, 2026

Add Judge for Shell Case Opening

Jan 27, 2026

Standard Attachments Sent

Jan 27, 2026

Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (lak),(ps)

#4

Feb 03, 2026

Notice of Appearance

#5

Feb 03, 2026

Notice of Appearance

#6

Feb 03, 2026

Affidavit of Service as to USA

#7

Feb 04, 2026

Notice of Appearance

#8

Feb 04, 2026

Response to Habeas Petition

#9

Feb 10, 2026

Response to Habeas Petition

#10

Feb 10, 2026

** TEXT ONLY ORDER ** Petitioner Maria Banegas Santos is a non-citizen currently in custody of Immigration and Customs Enforcement, who contends she has been unlawfully detained and denied a bond hearing while in removal proceedings. For reasons set forth previously in Quinapanta v. Bondi, No. 25-cv-795-wmc (W.D Wis. Nov. 12, 2025)(dkt. #18) and earlier today in Hussein v. Edwards, No. 25-cv-1075-wmc (W.D. Wis. Feb. 10, 2026) (dkt. #14), the court concludes that petitioner is similarly entitled to relief. Accordingly, the petition for a writ of habeas corpus filed by Maria Banegas Santos (dkt. # 1 ) is GRANTED. Within seven (7) days of the date of this order, respondents shall afford petitioner a bond hearing before an immigration judge under 8 U.S.C. § 1226(a).In addition, as a nursing mother of a six-month old child, petitioner alleges that respondents have violated ICE Policy Directive 11032.4, which states: "ICE should not detain, arrest, or take into custody for an administrative violation of immigration laws individuals known to be pregnant, postpartum, or nursing unless release is prohibited by law or exceptional circumstances exist." (Dkt. # 1, ¶ 48 (emphasis added).) Respondents filed a cursory response to the petition, but fail to address this argument or show that circumstances warrant the continued detention of a nursing mother in apparent contravention of this internal agency directive. Respondents shall file a supplemental response no later than Thursday February 12, 2026, showing cause why petitioner's release is impermissible or otherwise what exceptional circumstances exist that prohibit her release pursuant to ICE Directive 11032.4. Petitioner's reply will be due the following day. Signed by District Judge William M. Conley on 02/10/2026. (acd),(ps) (Entered: 02/10/2026)

Feb 10, 2026

Order on Petition for Writ of Habeas Corpus

#11

Feb 12, 2026

Response to Habeas Petition

#12

Feb 13, 2026

Brief in Reply