Northern District of Illinois • 1:26-cv-01152
Rodriguez-Torres v. Olsen
Terminated
Case Information
Filed: February 02, 2026
Assigned to:
John F. Kness
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Terminated: February 11, 2026
Last Activity:
February 11, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 02, 2026
PETITION for writ of habeas corpus filed by Jose Antonio Rodriguez-Torres against All Defendants Sam Olsen, et. al. Filing fee $ 5, receipt number AILNDC-24670677. (Attachments: # 1 Civil Cover Sheet)(Hsieh, Nathaniel) (Entered: 02/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
Feb 04, 2026
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (cvk, )
Feb 04, 2026
CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cvk, )
#2
Feb 05, 2026
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Pam Bondi, Kristi Noem, Samuel Olsen (Oswald, Craig) (Entered: 02/05/2026)
Main Document:
DESIGNATION
#3
Feb 05, 2026
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Pam Bondi, Kristi Noem, Samuel Olsen (Press, Joshua) (Entered: 02/05/2026)
Main Document:
DESIGNATION
#4
Feb 05, 2026
DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents Pam Bondi, Kristi Noem, Samuel Olsen (Gilpin, Geoffrey) (Entered: 02/05/2026)
Main Document:
DESIGNATION
#5
Feb 05, 2026
DESIGNATION of Temilade Oduala as U.S. Attorney for Respondents Pam Bondi, Kristi Noem, Samuel Olsen (Oduala, Temilade) (Entered: 02/05/2026)
Main Document:
DESIGNATION
#6
Feb 06, 2026
MINUTE entry before the Honorable John F. Kness: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody. Respondent must respond to the habeas corpus petition on or before 2/17/2026. Petitioner must reply on or before 2/23/2026. Respondent must also make a preliminary filing on or before 2/9/2026 stating: (1) whether Petitioner was located in the Northern District of Illinois at the time this case was filed; (2) the current status of Petitioner's immigration proceedings; (3) Petitioner's current location and proper Respondent based on that location; and (4) the government's view as to the relevance to this case of Castaon Nava v. Dep't of Homeland Security, 161 F.4th 1048 (7th Cir. 2025). Based on the All Writs Act, 28 U.S.C. § 1651, the Government is ordered not to remove Petitioner from the jurisdiction of the United States pending further order. A.A.R.P. v. Trump, 605 U.S. 91, 97 (2025) (per curiam) (citing 28 U.S.C. § 1651(a)) ("[T]he Government represented on the record in federal court that it reserved the right to remove detainees after midnight. We had the power to issue injunctive relief to prevent irreparable harm to the applicants and to preserve our jurisdiction over the matter."); United States v. United Mine Workers of Am., 330 U.S. 258, 293 (1947) ("The District Court had the power to preserve existing conditions while it was determining its own authority to grant injunctive relief.") The Clerk shall email a copy of this order to Tom Walsh, Chief of the Civil Division, United States Attorney's Office, Northern District of Illinois, Craig Oswald, AUSA, United States Attorney's Office, Northern District of Illinois, and Joshua Press, AUSA, United States Attorney's Office, Northern District of Illinois. This case is set for an in-person status hearing on 2/11/2026 at 10:00 a.m. in Courtroom 2025. Mailed notice. (exr, ) (Entered: 02/06/2026)
Main Document:
MINUTE
Feb 06, 2026
EMAILED a copy of the order dated 2/6/2026 to Tom Walsh, Chief of the Civil Division, United States Attorney's Office, Northern District of Illinois, Craig Oswald, AUSA, United States Attorney's Office, Northern District of Illinois, and Joshua Press, AUSA, United States Attorney's Office, Northern District of Illinois. (exr, )
#7
Feb 09, 2026
STATUS Report by Pam Bondi, Kristi Noem, Samuel Olsen (Oduala, Temilade) (Entered: 02/09/2026)
Main Document:
STATUS
#8
Feb 11, 2026
MINUTE entry before the Honorable John F. Kness: Status hearing held on 2/11/2026. Petitioner's counsel failed to appear despite this Court's efforts to contact counsel by phone and passing the case until the end of the call. Counsel later called the Court and left a voicemail stating that he was not aware of today's hearing despite the order (Dkt. 6) stating that the case "is set for an in-person status hearing on 2/11/2026 at 10:00 a.m. in Courtroom 2025." In their status report (Dkt. 7), Respondents state that Petitioner was detained in Springfield, Missouri within the Western District of Missouri at the time of the filing of this petition 1 . A habeas action must be brought against the immediate custodian, and, when an action is brought in the district court, it must be filed in the district court whose territorial jurisdiction includes the place where the custodian is located. E.g., Rumsfeld v. Padilla, 542 U.S. 426, 441-42, 451 (2004). Although exceptions to these "jurisdictional" rules exist, the undisputed portions of the record in this case provide no factual or legal basis to invoke any such exception. As a result, the Court dismisses the petition 1 without prejudice for lack of jurisdiction; Petitioner remains free to bring a new habeas petition in the Western District of Missouri. Enter separate final judgment order. If Petitioner believes this ruling is in error, he may file a motion to reinstate the case within 7 days of this order. Civil case terminated. Mailed notice. (evw, ) (Entered: 02/11/2026)
Main Document:
MINUTE
Parties
Olsen
Party
Rodriguez-Torres
Party