Northern District of Illinois • 1:25-cv-10865

#1

Sep 09, 2025

PETITION for writ of habeas corpus filed by Samuel Ochoa Ochoa against Todd M. Lyons, KRISTI NOEM, Samuel Olson Filing fee $ 5, receipt number AILNDC-24038947. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Asylum Application, # 3 Exhibit DHS Dismissal Motion, # 4 Exhibit IJ Dismissal Order, # 5 Exhibit Notice of Appeal, # 6 Exhibit Notice of Pending Appeal, # 7 Exhibit Correspondence with DHS, # 8 Exhibit Applicant Address Change)(Zwick, Keren) (Entered: 09/09/2025)

#2

Sep 09, 2025

MOTION by Petitioner Samuel Ochoa Ochoa for temporary restraining order (Attachments: # 1 Supplement Memo of Law in support of Motion)(Zwick, Keren) (Entered: 09/09/2025)

#3

Sep 09, 2025

MINUTE entry before the Honorable Sunil R. Harjani: Telephonic hearing set for 9/9/2025 at 5:45 p.m. Mailed notice (lxs, ) (Entered: 09/09/2025)

#4

Sep 09, 2025

MINUTE entry before the Honorable Sunil R. Harjani: The Court held an emergency telephone hearing with counsel for petitioner and representatives for the defendants (AUSAs Craig Oswald and Joshua Press) on the motion for a temporary restraining order 2 . The government represented that, to its knowledge, the Petitioner was still located within the Northern District of Illinois. Pursuant to the Court's authority to order Respondents to preserve the status quo to ensure fair and orderly consideration of this matter, and to rule on any contested issues including jurisdiction, it is hereby ORDERED that, unless otherwise directed by this Court, Respondents shall not remove Petitioner from the jurisdiction of the United States, nor shall they transfer Petitioner to any judicial district outside the states of Illinois, Wisconsin and Indiana for the next 72 hours (which includes non-business hours) starting at 6:02 p.m. Central Standard Time on September 9, 2025. See United States v. United Mine Workers of Am., 330 U.S. 258, 293 (1947) ("[T]he District Court had the power to preserve existing conditions while it was determining its own authority to grant injunctive relief."); United States v. Shipp, 203 U.S. 563, 573 (1906) (When determining if the court has jurisdiction it has a "duty to permit argument, and to take the time required for such consideration as it might need."). The Court advised that this matter will be assigned to a district judge who will oversee the remainder of the case. The Court sets this matter for September 11, 2025, at 9:30 a.m. for a telephone hearing with the assigned district judge, with further details to come (and which may be reset by that judge upon assignment). Any of the time periods or deadlines herein may be shortened or extended as justice requires or as may otherwise be appropriate by further order of the Court. Mailed notice (lxs, ) (Entered: 09/09/2025)

#5

Sep 10, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Todd M. Lyons, KRISTI NOEM, Samuel Olson (Press, Joshua) (Entered: 09/10/2025)

#6

Sep 10, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The telephonic status hearing set by the emergency judge for September 11, 2025 stands, but the time is changed to 9:15 am. This is a time change only. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 855-244-8681, Access Code: 2302 225 8245. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (jlj, ) (Entered: 09/10/2025)

#7

Sep 10, 2025

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Todd M. Lyons, KRISTI NOEM, Samuel Olson (Oswald, Craig) (Entered: 09/10/2025)

#8

Sep 10, 2025

ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Samuel Ochoa Ochoa is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee. (mam, ) (Entered: 09/10/2025)

Sep 10, 2025

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (mam, )

#9

Sep 11, 2025

ATTORNEY Appearance for Petitioner Samuel Ochoa Ochoa by Charles Roth (Roth, Charles) (Entered: 09/11/2025)

#10

Sep 11, 2025

Order on Motion for Petition for Writ of Habeas Corpus AND Order on Motion for TRO

#11

Sep 11, 2025

CIVIL Cover Sheet (Roth, Charles) (Entered: 09/11/2025)

#12

Sep 18, 2025

Amended Complaint

#13

Sep 18, 2025

Temporary Restraining Order

#14

Sep 25, 2025

RESPONSE by Respondents Todd M. Lyons, KRISTI NOEM, Samuel Olson to amended complaint 12, motion for temporary restraining order 13 (Press, Joshua) (Entered: 09/25/2025)

#15

Oct 02, 2025

REPLY by Samuel Ochoa Ochoa to Response 14 (Roth, Charles) (Entered: 10/02/2025)

#16

Oct 03, 2025

Order on Motion for TRO

#17

Oct 07, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Petitioner's Amended Petition alleges that Petitioner is currently detained at the Clay County Jail in Brazil, Indiana. It is the court's expectation that petitioner will remain in that facility, and Respondents shall promptly notify Petitioner's counsel and the court if he is moved to another facility. See United States v. United Mine Workers of Am., 330 U.S. 258, 293 (1947) ("[T]he District Court had the power to preserve existing conditions while it was determining its own authority to grant injunctive relief."); United States v. Shipp, 203 U.S. 563, 573 (1906) (When determining if the court has jurisdiction it has a "duty to permit argument, and to take the time required for such consideration as it might need."). The Amended Petition fails to name the sheriff or warden of his current detention facility as a respondent, and neither party addresses this issue in the subsequent briefing. See Kholyavskiy v. Achim, 443 F.3d 946, 949-53 (7th Cir. 2006) (holding that the proper respondent to a noncitizen's habeas petition is the warden of the detention center in which he is detained). The parties are each directed to submit supplemental filings not to exceed 5 pages regarding the proper respondents in this case by October 15, 2025 (or if there is agreement on this issue, then the filing can be a joint one). If Petitioner intends to amend the petition to name the warden as a respondent, he is given leave to do so by October 15, 2025. Respondents' submission should also address whether there is any intention to transfer Petitioner from Clay County Jail. Mailed notice. (jlj, ) (Entered: 10/07/2025)

#18

Oct 14, 2025

RESPONSE by Petitioner Samuel Ochoa Ochoa and by Respondents to Court's Minute Order (Dkt. 17) (Attachments: # 1 Exhibit Amended Petition, # 2 Exhibit Redline of Amended Petition)(Zwick, Keren) (Entered: 10/14/2025)

#19

Oct 16, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The clerk is directed to update the case caption to add Brandon Crowley, Clay County Jail Commander as a respondent in the case caption. Fed. R. Civ. P. 25(d). Petitioner Ochoa Ochoa's Second Amended Petition for Writ of Habeas Corpus is granted. See attached order for further details. His detention without an individualized custody determination violates the INA and the Due Process Clause of the Fifth Amendment. Within seven days of this order, Respondents must either: (1) provide Ochoa Ochoa with a bond hearing before an IJ, at which the Government shall bear the burden of justifying, by clear and convincing evidence of dangerousness or flight risk, Ochoa Ochoa's continued detention; or (2) release Ochoa Ochoa from custody, under reasonable conditions of supervision. The parties are to file a joint status report by October 29, 2025, that updates the court on the status of Ochoa Ochoa's release status, including whether and when a bond hearing was held, and inform the court, in detail, the reasons for the IJ's decision. Mailed notice. (jlj, ) (Entered: 10/16/2025)

#20

Oct 16, 2025

MEMORANDUM Opinion and Order written by the Honorable Lindsay C. Jenkins on 10/16/2025. Mailed notice. (jlj, )

#21

Oct 29, 2025

STATUS Report (Jointly Filed) by Todd M. Lyons, Kristi Noem, Samuel Olson (Oswald, Craig) (Entered: 10/29/2025)

#22

Oct 30, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The parties report that Petitioner Samuel Ochoa Ochoa had a bond hearing before an Immigration Judge on October 24, 2025, posted bond and was released from Clay County Jail. The court has resolved the claims raised by the habeas petition so the clerk is directed to enter a Rule 58 judgment in favor of Petitioner and against Respondents. Civil case terminated. Mailed notice. (jlj, ) (Entered: 10/30/2025)

#23

Oct 30, 2025

Judgment - AO450