Northern District of Illinois • 1:25-cv-12150

#1

Oct 03, 2025

PETITION for writ of habeas corpus filed by Virgilio Godinez Santamaria against Pam Bondi, Russell Hott, Kristi Noem Filing fee $ 5, receipt number AILNDC-24158509. (Provax, Nicole) (Entered: 10/03/2025)

#2

Oct 03, 2025

CIVIL Cover Sheet (Provax, Nicole) (Entered: 10/03/2025)

#3

Oct 03, 2025

Exhibits for Petition (Dkt. 1) by Virgilio Godinez Santamaria (Provax, Nicole) (Entered: 10/03/2025)

#4

Oct 03, 2025

ATTORNEY Appearance for Petitioner Virgilio Godinez Santamaria by Nicole Provax (Provax, Nicole) (Entered: 10/03/2025)

#5

Oct 03, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Pam Bondi, Russell Hott, Kristi Noem (Press, Joshua) (Entered: 10/03/2025)

#6

Oct 03, 2025

MINUTE entry before the Honorable Mary M. Rowland: Petitioner has brought a 28 U.S.C. 2241 habeas corpus petition seeking his return to the United States. He alleges that he is a native and citizen of Honduras, and he came to the United States more than 20 years ago. He further alleges that he had a pending application for asylum and other claims before immigration authorities. He asserts that these immigration matters were not ruled upon but instead he was arrested in Chicago, Illinois on September 16, 2025. He further claims that he was held in an immigration facility in Broadview, Illinois from September 16, 2025 until September 21, 2025 when he was removed to Honduras where he is presently located. According to Petitioner, this violated his due process rights, and he seeks a writ of habeas corpus ordering his return to the United States. The court understands that a habeas corpus petitioner must be "in custody" when he brings a habeas corpus petition. 28 U.S.C. 2241(c)(3); Maleng v. Cook, 490 U.S. 488, 490 (1989) (per curiam). Compare Noem v. Abrego Garcia, 145 S. Ct. 1017, 1018 (2025) (ordering the government to "'facilitate'" the return of an alien who was wrongfully removed to a foreign country), with Lindstrom v. Graber, 203 F.3d 470, 474 (7th Cir. 2000) (dismissing habeas corpus case for want of jurisdiction when individual was extradited outside the United States). As mentioned, Petitioner alleges that he is now in Honduras, and he does not allege that he is subject to any detention in that country that has any connection to the United States. This case is set for an in-court status on Monday 10/6/25 at 9:30 AM. The parties shall be prepared to address whether the Court has subject matter jurisdiction to adjudicate this case. Petitioner is to be prepared to provide any relevant information regarding Petitioner's present condition in Honduras in light of his allegation that he sought asylum in the United States. The Government shall also be prepared to address whether it believes Petitioner was properly removed to Honduras or whether it was due to administrative error. 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. (lw, ) (Entered: 10/03/2025)

Oct 03, 2025

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable David Weisman. Case assignment: Random assignment. (Civil Category 2). (khg, )

Oct 03, 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. (khg, )

Oct 03, 2025

EMAILED a copy of order 6 dated 10/03/2025 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. (lw, )

#7

Oct 05, 2025

ATTORNEY Appearance for Petitioner Virgilio Godinez Santamaria by Jennifer Peyton (Peyton, Jennifer) (Entered: 10/05/2025)

#8

Oct 06, 2025

MINUTE entry before the Honorable Mary M. Rowland: On the court's own motion, status hearing previously set for 10/6/25 is reset to 10/6/2025 at 10:00 AM. TIME CHANGE ONLY. Mailed notice. (jg, ) (Entered: 10/06/2025)

#9

Oct 06, 2025

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Counsel for the government indicated that he has not yet been able to locate the case file on Petitioner's removal. The parties are to file a status report by 10/13/25 1) indicating whether the case file has been located and shared with Petitioner's counsel and 2) setting forth a proposed briefing schedule for the jurisdictional issues discussed today in open court and indicated in the Court's prior order 6 . To the extent that the Court does not have habeas corpus jurisdiction pursuant to 28 U.S.C. § 2241, the parties should brief whether the Court has jurisdiction to hear Petitioner's other causes of actions. See Moore v. Pemberton, 110 F.3d 22, 24 (7th Cir. 1997) (suggesting that a Section 1983 action should be considered separately from a petition for collateral relief); Richmond v. Scibana, 387 F.3d 602, 606 (7th Cir. 2004) (warning district courts not to convert a petition for habeas corpus to a civil claim for relief under the APA). Mailed notice. (jg, ) (Entered: 10/06/2025)

#10

Oct 13, 2025

STATUS Report (Jointly Filed) by Pam Bondi, Russell Hott, Kristi Noem (Press, Joshua) (Entered: 10/13/2025)

#11

Oct 15, 2025

DESIGNATION of Eric Dean Allison as U.S. Attorney for Respondents Pam Bondi, Russell Hott, Kristi Noem (Allison, Eric) (Entered: 10/15/2025)

#12

Oct 16, 2025

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the parties' joint status report 10 . Respondents are to produce petitioner's administrative record by 10/22/25. The parties request a status hearing for 10/23/25. Status hearing set for 10/23/25 at 11:00 AM in courtroom 1225. Mailed notice. (kp, ) (Entered: 10/16/2025)

#13

Oct 23, 2025

MINUTE entry before the Honorable Mary M. Rowland: In person status hearing held. Respondents produced petitioner's administrative record. According to the parties, the administrative record contains a notice to appear (NTA) that has been crossed out with a Sharpie. Additionally, the administrative record does not contain a signed form or other documentary evidence suggesting that Petitioner agreed to voluntary removal to Honduras. Counsel for Respondents indicated that Respondents maintain an internal database wherein it is indicated that Petitioner agreed to a voluntary removal. The parties are to conduct a Rule 26(f) conference and file a joint status report by 10/27/25 setting forth dates for defendants to respond to the Petition and dates for any proposed discovery and whether an evidentiary hearing is necessary or appropriate. The status report should also indicate whether Respondents have been able to obtain a screenshot of the database, and whether Respondents are able to provide any relevant metadata concerning the database, including who made the relevant entry and when. The parties are also instructed to familiarize themselves with the Seventh Circuit's decisions in Samirah v. O'Connell, 335 F.3d 545, 549-52 (7th Cir. 2003) and Samirah v. Holder, 627 F.3d 652 (7th Cir. 2010). Mailed notice. (jg, ) (Entered: 10/23/2025)

#14

Oct 27, 2025

STATUS Report (Joint) by Pam Bondi, Russell Hott, Kristi Noem (Press, Joshua) (Entered: 10/27/2025)

#15

Oct 28, 2025

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the parties' joint initial status report 14 . The parties report that Petitioner has been deported to Honduras, and the government alleges that it was a voluntary self-deportation. Petitioner disagrees. The Court adopts the parties' proposed schedule: Petitioner shall file an amended petition or complaint by Wednesday, November 5, 2025. Respondents shall respond to the amended petition or complaint by November 19, 2025. If respondents move to dismiss the amended petition or complaint, or portions of the amended petition or complaint, petitioner shall respond to that motion by December 10, 2025. Respondents shall file a reply, if any, by December 24, 2025. Mailed notice. (jg, ) (Entered: 10/28/2025)

#17

Nov 13, 2025

Judgment - AO450