Northern District of Ohio • 1:25-cv-01864
Hernandez Torrealba v. U.S. Department of Homeland Security
Terminated
Case Information
Filed: September 08, 2025
Assigned to:
Pamela Ann Barker
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Det
Terminated: September 12, 2025
Last Activity:
September 12, 2025
Parties:
View All Parties →
Docket Entries
#1
Sep 08, 2025
Petition under 28 USC 2241 for Writ of Habeas Corpus by a person in federal ICE custody. Filing fee paid $5.00, receipt number AOHNDC-13278711. Filed by Leanny Sorelbis Hernandez Torrealba. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A. ICE memo, # 4 Exhibit B. I-200 Warrant of arrest, # 5 Exhibit C. I-220A Order of release, # 6 Exhibit D. I-862 Notice to appear, # 7 Exhibit E. EAD and SSN, # 8 Exhibit F. Hearing transcript, # 9 Exhibit G. I-867, # 10 Exhibit H. I-860, # 11 Exhibit I. IJ order, # 12 Exhibit J. Memorandum opinion and order) (Howykowycz, Mariya) (Entered: 09/08/2025)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#2
Sep 08, 2025
Supplement to Petition for Writ of Habeas Corpus (2241),, - Civil Cover Sheet, filed by Leanny Sorelbis Hernandez Torrealba. Related document(s) 1 . (Howykowycz, Mariya) (Entered: 09/08/2025)
Main Document:
Supplement
#3
Sep 08, 2025
Original Summons and Magistrate Consent Form issued to counsel for service upon U.S. Attorney General, U.S. Attorney for the Northern District of Ohio, Scott A. Hildenbrand, Robert Lynch, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Magistrate Consent Form) (F,AW) (Entered: 09/08/2025)
Main Document:
Original
Sep 08, 2025
Judge Pamela A. Barker assigned to case. (F,AW)
Sep 08, 2025
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (F,AW)
#4
Sep 09, 2025
Attorney Appearance by Elizabeth L. Berry and Ruchi V. Asher filed by on behalf of Robert Lynch, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Berry, Elizabeth) (Entered: 09/09/2025)
Main Document:
Attorney
#5
Sep 11, 2025
Order: The Court hereby ORDERS as follows. Petitioner shall forward a copy of the Petition and its attachments (Doc. Nos. 1, 1-1 through 1-12) and this Order to each of the Respondents immediately upon receipt of this Order. Petitioner is further ordered to file a Notice on the docket confirming that she has done so and setting forth the mailing addresses of each of the named Respondents. The Clerk of Court shall forward a copy of the Petition and its attachments (Doc. Nos. 1, 1-1 through 1-12), together with this Order, to the Office of the United States Attorney, Northern District of Ohio. In addition, the Court sets the following briefing schedule. Respondents shall file a Motion to Dismiss or other response to the Petition by no later than fourteen (14) days from the date of this Order, i.e., by September 25, 2025. Petitioner shall file a Brief in Opposition within fourteen (14) days of the filing of the Respondents' Motion to Dismiss or other response, i.e., by no later than October 9, 2025. Respondents may file a Reply within seven (7) days of the filing of Petitioner's Brief in Opposition. In their respective filings, the parties are directed to address the fact that Petitioner failed to comply with this Court's August 25, 2025 Memorandum Opinion & Order. Lastly, the Court ORDERS as follows. By no later than September 25, 2025, the parties shall file a Supplement on the docket that contains copies of any and all relevant filings before the IJ and BIA, including any and all motions, briefs, and/or orders relating to Petitioner's (1) appeal of the IJ's dismissal of her standard removal proceedings; (2) appeal of the IJ's denial of bond (including the August 2025 filings and order referenced in Paragraph 49 of the Second Petition); and (3) request for IJ review of the asylum officer's credible fear determination in her expedited removal proceedings. The parties shall also provide any relevant docket sheets relating to Petitioner's administrative proceedings. Lastly, the parties are ORDERED to provide a hard copy of the above to Chambers 16A of this Court, also by no later than September 25, 2025. The hard copies of these filings should be tabbed and organized in a three hole binder, and accompanied by a table of contents that clearly identifies each filing. Judge Pamela A. Barker on 9/11/2025. (M,CE) (Entered: 09/11/2025)
Main Document:
Order
#6
Sep 11, 2025
Withdraw Document
Main Document:
Withdraw Document
Sep 11, 2025
Order [non-document]: Counsel and the parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for "guidance" or "clarification" regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the "status" of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Court's immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 9/11/2025. (M,CE)
Sep 11, 2025
Remark by Clerk: Hard copies of 1 Petition with all exhibits and 5 Order forwarded to United States Attorney's Office for the Northern District of Ohio. Related document(s) 1, 5 . (M,CE)
Sep 11, 2025
Order
Sep 12, 2025
Order on Motion to withdraw document
Sep 12, 2025
Order [non-document] The Court has reviewed Petitioner's Motion to Withdraw Petition for Writ of Habeas Corpus. (Doc. No. 6 .) Therein, counsel for Petitioner states that she personally spoke with Petitioner via an interpreter on September 11, 2025 and that Petitioner advised counsel that she no longer wishes to pursue the instant habeas Petition and has accepted her removal to Venezuela. Counsel for Petitioner also states that she explained to Petitioner that withdrawal of the petition means waiving her right to seek relief through a future habeas petition concerning the detention at issue and that Petitioner acknowledged to her that she understands that she waives her rights and that her decision to withdraw the petition is voluntary. Based on the above, the Court grants Petitioner's Motion to Withdraw her Petition. The instant Petition is dismissed with prejudice and the deadlines set forth in this Court's September 11, 2025 Order are vacated. This case is terminated. Judge Pamela A. Barker on 9/12/2025.(P,K)
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