Northern District of Illinois • 1:26-cv-02052

#1

Feb 24, 2026

PETITION for writ of habeas corpus filed by Kevin Vasquez Pacheco against Kristi Noem, Samuel Olson and Complaint for Emergency Injunctive Relief Filing fee $ 5, receipt number AILNDC-24765191. (Mcclure, Lauren) (Entered: 02/24/2026)

#2

Feb 24, 2026

CIVIL Cover Sheet (Mcclure, Lauren) (Entered: 02/24/2026)

#3

Feb 24, 2026

ATTORNEY Appearance for Petitioner Kevin Vasquez Pacheco by Lauren Elizabeth Mcclure (Mcclure, Lauren) (Entered: 02/24/2026)

#4

Feb 24, 2026

MINUTE entry before the Honorable Edmond E. Chang: The Petitioner has filed a 28 U.S.C. 2241 habeas petition challenging his detention in ICE custody. The Respondents are ordered to respond to the habeas petition by 03/03/2026. The Petitioner shall reply by 03/06/2026. The Court notes that the Seventh Circuit observed, in a preliminary posture, that individuals like the Petitioner should be treated as detained pursuant to 8 U.S.C. 1226(a), not 8 U.S.C. 1225(b). See Castanon-Nava v. U.S. Dep't of Homeland Sec., 161 F.4th 1048, 106062 (7th Cir. 2025); see also Ochoa Ochoa v. Noem, No. 25 C 10865, 2025 WL 2938779 (N.D. Ill. Oct. 16, 2025) (Jenkins, J.), appeal filed, USCA No. 25-3330; but see Buenrostro-Mendez v. Bondi, F.4th, 2026 WL 323330 (5th Cir. Feb. 6, 2026). The Court shall leave it to the parties to consider the relevance of these decisions, if any, to this case, but the Court adds that it noted that Castanon-Nava "is arguably binding on this circuit's district courts." Morales Perez v. Walsh, No. 25 C 14995, 2026 WL 44777, at *2 (N.D. Ill. Jan. 7, 2026). In addition, the Respondents shall make a preliminary status report by 03/04/2026 stating: (1) whether the Petitioner was located in the Northern District of Illinois at the time this case was filed; (2) the current status of the Petitioner's immigration proceedings; and (3) the Petitioner's current location and the proper Respondent based on that location. Under the authority of the All Writs Act, 28 U.S.C. 1651, the government is ordered not to remove the 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, 605 U.S. 91, 97 (2025) (per curiam) (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) ("[T]he 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 Respondent intends to hold the Petitioner within the United States. Instead, the parties and the Court will address the issue after the Respondent makes 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. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 03/06/2026 at 8:30 a.m. The parties shall file a joint status report on 03/09/2026. Emailed notice (mw, ) (Entered: 02/24/2026)

#5

Feb 24, 2026

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 02/24/2026)

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Feb 24, 2026

DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Gilpin, Geoffrey) (Entered: 02/24/2026)

#7

Feb 24, 2026

DESIGNATION of Temilade Oduala as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Oduala, Temilade) (Entered: 02/24/2026)

Feb 24, 2026

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (nh, )

Feb 24, 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. (nh, )