Northern District of Illinois • 1:25-cv-11180

#1

Sep 16, 2025

PETITION for writ of habeas corpus filed by Harsh Patel against All Defendants and Complaint for Emergency Injunctive Relief Filing fee $ 5, receipt number AILNDC-24068302. (Provax, Nicole) (Entered: 09/16/2025)

#2

Sep 16, 2025

CIVIL Cover Sheet (Provax, Nicole) (Entered: 09/16/2025)

#3

Sep 16, 2025

ATTORNEY Appearance for Plaintiff Harsh Patel by Nicole Provax (Provax, Nicole) (Entered: 09/16/2025)

#4

Sep 16, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 09/16/2025)

#5

Sep 16, 2025

MINUTE entry before the Honorable Jeffrey I Cummings: Petitioner brings a 28 U.S.C. 2241 habeas corpus petition challenging his custody in immigration detention. He notes that Immigration Judges previously granted bonds to Aliens in his situation, but that the Board of Immigration Appeals' September 5, 2025 decision concluded that Aliens in his situation were no longer eligible for release on bond. (Dkt. 1, pg. 4 (citing In re Yajure Hurtado, 29 I&N 216 (BIA 2025)); available at: https://www.justice.gov/eoir/media/1413311/dl?inline. By September 18, 2025, at 12:00 p.m. Noon, the parties shall file their respective positions as to whether the Court has jurisdiction to hear this matter, and in addition, even if this Court does have jurisdiction, whether, as a matter of deference to the statutory framework established by Congress, a bond determination should be presented to the immigration courts in the first instance. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. 1651, the Government is ordered to not remove Petitioner from the jurisdiction of the United States or 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."); F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966) (explaining that under the All Writs Act, federal courts may "issue all writs necessary or appropriate in aid of their respective jurisdiction" including a "limited judicial power to preserve the Court's jurisdiction); 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 All Writs Act order shall terminate on Friday, September 19, 2025, at 5:00 p.m. Central Daylight Savings Time, unless extended by further order of Court. Petitioner requests emergency relief in his habeas corpus petition. If he desires immediate emergency relief, he should bring a proper motion for Temporary Restraining Order. This matter is set for an in-person hearing by counsel on Friday, September 19, 2025, at 10:30 a.m. in Courtroom 1219. Mailed notice (cc, ) (Entered: 09/16/2025)

Sep 16, 2025

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (lj, )

Sep 16, 2025

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. (lj, )

#6

Sep 18, 2025

MEMORANDUM set/reset hearings,,,,,,,,,, 5 by Harsh Patel (Provax, Nicole) (Entered: 09/18/2025)

#7

Sep 18, 2025

RESPONSE by Defendants Kristi Noem, Samuel Olson to set/reset hearings,,,,,,,,,, 5, petition for writ of habeas corpus 1 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Press, Joshua) (Entered: 09/18/2025)

#8

Sep 18, 2025

MEMORANDUM Response 7 by Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 09/18/2025)

#9

Sep 19, 2025

DOCUMENT REMOVED. Modified on 9/23/2025 (nsf, ). (Entered: 09/19/2025)

#10

Sep 19, 2025

Strike

#11

Sep 19, 2025

MINUTE entry before the Honorable Jeffrey I Cummings: Motion hearing held on petitioner's petition for a writ of habeas corpus 1 on September 19, 2025. The government represents that it has no intention of removing petitioner from the United States pending the completion of his removal proceedings, which it further confirms are not proceeding on an expedited track. The government is instructed to notify the Court immediately if its position changes and it intends to remove petitioner from the United States prior to the completion of the removal proceedings. The government further reports that petitioner is currently housed in a facility in Brazil, Indiana. It is the Court's expectation that petitioner will remain in that facility or, at a minimum, in a facility located in either Indiana or Wisconsin. The government shall promptly notify petitioner's counsel if petitioner is moved from the facility in Brazil, Indiana to another facility. The All Writs Act portion of the Court's order entered on September 16, 2025 5 vacated. The government shall file a supplemental response to petitioner's petition 1 and memorandum 6 by September 24, 2025 and shall include in that filing the name of his immediate custodian at the facility in Brazil, Indiana for proper substitution pursuant to Federal Rule of Civil Procedure 25(d). Petitioner shall file his reply in support of the habeas corpus petition by September 26, 2025. The Court will issue a ruling on the petition in due course. For the reasons stated on the record, the Court requests that the Clerk terminate Kristi Noem as a respondent in this matter. Samuel Olson will remain the sole respondent until further substitution under Rule 25(d). By 10/1/25, the parties shall file a joint status report regarding their efforts to explore the potential for a resolution of the removal proceedings by agreement. This case is set for a tracking status on November 7, 2025 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) (Entered: 09/19/2025)

#12

Sep 22, 2025

Order on Motion to Strike

#13

Sep 24, 2025

MEMORANDUM motion hearing,,,,,,,,, set motion and R&R deadlines/hearings,,,,,,,,, set deadlines/hearings,,,,,,,,, add and terminate parties,,,,,,,, 11 by Kristi Noem, Samuel Olson (Supplement) (Press, Joshua) (Entered: 09/24/2025)

#14

Sep 26, 2025

REPLY by Plaintiff Harsh Patel to memorandum 13 (Provax, Nicole) (Entered: 09/26/2025)

#15

Oct 01, 2025

STATUS Report Joint by Harsh Patel (Provax, Nicole) (Entered: 10/01/2025)

#16

Oct 17, 2025

SUPPLEMENT to reply 14 Notice of Supplemental Authority (Provax, Nicole) (Entered: 10/17/2025)

#17

Oct 24, 2025

MEMORANDUM OPINION and ORDER: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court finds that Petitioner is detained in violation of the laws of the United States pursuant 8 U.S.C. §2241. The Court further finds t hat Petitioner is detained under the authority of 8 U.S.C. §1226(a) and that he is entitled to a bond hearing. Petitioner's petition is thus granted. By 10/31/25, Respondent must either: (1) provide Petitioner with a bond hearing before a n immigration judge, at which the Government shall bear the burden of justifying his continued detention by clear and convincing evidence of dangerous or risk of flight; or (2) release Petitioner from custody, under reasonable conditions of supervisi on. The Clerk of the Court is further ordered to substitute Brandon Crowley, currently Petitioner's immediate custodian, as the Respondent, and to amend the case name in CM/ECF to reflect this change. Signed by the Honorable Jeffrey I Cummings on 10/24/2025. Mailed notice (ags)

#18

Oct 24, 2025

Judgment - AO450