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, )