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, )

#10

Sep 19, 2025

Strike

#12

Sep 22, 2025

Order on Motion to Strike