Northern District of Illinois • 1:26-cv-01403

#1

Feb 06, 2026

COMPLAINT Emergency Writ of Habeas Corpus filed by Christian Rafael Sarmiento; Filing fee $ 405, receipt number AILNDC-24697101., PETITION for writ of habeas corpus filed by Christian Rafael Sarmiento against All Defendants Filing fee $ 5, receipt number AILNDC-24697101. (Attachments: # 1 Exhibit Exhibit Index)(Wright Garcia, Sebastian) (Entered: 02/06/2026)

#2

Feb 06, 2026

CIVIL Cover Sheet (Wright Garcia, Sebastian) (Entered: 02/06/2026)

#3

Feb 06, 2026

ATTORNEY Appearance for Plaintiff Christian Rafael Sarmiento by Sebastian Wright Garcia AIL (Wright Garcia, Sebastian) (Entered: 02/06/2026)

Feb 06, 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. (lm, )

Feb 06, 2026

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (lm, )

#4

Feb 08, 2026

MINUTE entry before the Honorable Thomas M. Durkin: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody. Telephonic hearing set for 2/9/2026 at 10:00 a.m. At the hearing, Respondents shall be prepared to discuss the following: (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; (4) the Government's view as to whether the recent Seventh Circuit decision in Castanon Nava v. DHS, --- F.4th ---, 2025 WL 3552514 (7th Cir. 2025), has any effect on Petitioner's habeas corpus case; and (5) next steps, in particular the Respondents' view on the relevance of recent decisions granting habeas corpus relief to immigration detainees in this District. See, e.g., Espino Morales v. Olson et al., No. 25-cv-12858, Dkt. No. 11 (Durkin, J.) (citing cases). Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, the Government is ordered not to remove Petitioner from the jurisdiction of the United States and not to transfer him to any federal judicial district other than those in the States of Illinois, Indiana, or Wisconsin. A.A.R.P. v. Trump, 145 S. Ct. 1364, 1369 (2025) (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."). If the Petitioner is already, as of the posting of this order, located outside of Illinois, Indiana, or Wisconsin but within the United States, or is in the midst of transportation outside of those States to another State, then this bar on transfer does not require the immediate return of the Petitioner as long as Respondents intend to hold Petitioner within the United States. Instead, the parties and the Court will address the issue after the Respondents make the preliminary filing. 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. Mailed notice. (ecw, ) (Entered: 02/08/2026)

#5

Feb 08, 2026

MINUTE entry before the Honorable Thomas M. Durkin: To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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. (ecw, ) (Entered: 02/08/2026)

#6

Feb 08, 2026

EMAILED a copy of orders 4 5 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. (ecw, ) (Entered: 02/08/2026)

#7

Feb 09, 2026

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Pamela Bondi, Todd M. Lyons, Kristi Noem, Sam Olson (Oswald, Craig) (Entered: 02/09/2026)

#8

Feb 09, 2026

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Pamela Bondi, Todd M. Lyons, Kristi Noem, Sam Olson (Press, Joshua) (Entered: 02/09/2026)

#9

Feb 09, 2026

DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Defendants Pamela Bondi, Todd M. Lyons, Kristi Noem, Sam Olson (Gilpin, Geoffrey) (Entered: 02/09/2026)

#10

Feb 09, 2026

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 2/9/2026. The petition for habeas relief 1 is granted in part. By 2/13/2026, Respondents must either afford the Petitioner a bond hearing before an immigration judge or release him from custody under reasonable conditions of supervision. In response to the petition, the Respondents stated during the 2/9/2026 hearing that they raise several arguments that they incorporate by reference to their response brief filed in other similar case. For the reasons explained by numerous other courts in this district, the Court hereby finds that: (1) 8 U.S.C. §§ 1252(a)(2)(B)(ii), 1252(b)(9), and 1252(g) do not deprive this Court of jurisdiction to review the petition; and (2) § 1225(b)(2)'s mandatory detention provision does not apply to the Petitioner, but rather § 1226(a) applies and entitles him to a bond hearing before an immigration judge. See Espino Morales v. Olson, No. 25 C 12858, Dkt. 11 (N.D. Ill) (citing cases); see also Rodriguez Loredo v. Forestal et al., No. 25 C 12758, 2025 WL 3187319, *2-3, 5-6 (N.D. Ill. Nov. 14, 2025). Additionally, because the resolution of the Petitioner's statutory argument affords him the bond hearing he seeks, the Court need not discuss the merits of his constitutional claim regarding due process or his claims under the APA. See Guartazaca Sumba v. Crowley, No. 1:25-CV-13034, 2025 WL 3126512, at *4 (N.D. Ill. Nov. 9, 2025) (citing Camreta v. Greene, 563 U.S. 692, 705 (2011)); Ramandi v. Field Off. Dir., ICE ERO San Francisco, No. 1:25-CV-01462-JLT-EPG, 2025 WL 3182732, at *2 n.2 (E.D. Cal. Nov. 14, 2025). The parties are directed to file a status report by 2/17/2026 that addresses the Petitioner's release status, whether he received a bond hearing, and the result of that bond hearing. Mailed notice. (ecw, ) (Entered: 02/09/2026)

#11

Feb 11, 2026

DESIGNATION of Temilade Oduala as U.S. Attorney for Defendants Pamela Bondi, Todd M. Lyons, Kristi Noem, Sam Olson (Oduala, Temilade) (Entered: 02/11/2026)