District of Minnesota • 0:26-cv-01895

Chourio Herrera v. Bondi

Completed

Case Information

Filed: March 16, 2026
Assigned to: John M. Gerrard
Referred to: Douglas L. Micko
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: March 25, 2026
Last Activity: April 01, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 16, 2026
PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12793137) filed by DERVIN ENRIQUE CHOURIO HERRERA. No summons requested. (Attachments: # 1 Exhibit(s) A, # 2 Civil Cover Sheet) (Congiu, Michael) (Entered: 03/16/2026)
Main Document: PETITION
#2
Mar 17, 2026
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John M. Gerrard per Civil (3rd, 4th - Prisoner: Alien Detainee Habeas) list, referred to Magistrate Judge Douglas L. Micko. Please use case number 26-cv-1895 JMG/DLM.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (ACH) (Entered: 03/17/2026)
#3
Mar 17, 2026
ORDER TO SHOW CAUSE: The respondents shall, on or before March 20, 2026, make a return certifying the true cause and proper duration of the petitioner's detention and showing cause why the writ should not be granted. The petitioner may reply in support of the petition on or before March 23, 2026. The respondents are enjoined from removing the petitioner from the United States until further order of the Court. Signed by Senior District Judge John M. Gerrard on 3/17/2026. (DCD) (Entered: 03/17/2026)
Main Document: Order to Show Cause
#4
Mar 17, 2026
ORDER TO SHOW CAUSE NUNC PRO TUNC: The respondents shall, on or before March 20, 2026, make a return certifying the true cause and proper duration of the petitioner's detention and showing cause why the writ should not be granted. The petitioner may reply in support of the petition on or before March 23, 2026. The respondents are enjoined from removing the petitioner from the United States until further order of the Court. Signed by Senior District Judge John M. Gerrard on 3/17/2026. (DCD) (Entered: 03/17/2026)
Main Document: Order to Show Cause
#5
Mar 17, 2026
NOTICE of Appearance by Jesus Cruz Rodriguez on behalf of Pamela Jo Bondi, David Easterwood, Todd Lyons, Kristi Noem. (Cruz Rodriguez, Jesus) (Entered: 03/17/2026)
Main Document: NOTICE
#6
Mar 20, 2026
MOTION to Dismiss/General or Transfer filed by Pamela Jo Bondi, David Easterwood, Todd Lyons, Kristi Noem. (Cruz Rodriguez, Jesus) (Entered: 03/20/2026)
Main Document: MOTION
#7
Mar 20, 2026
MEMORANDUM in Support re 6 MOTION to Dismiss/General or Transfer filed by Pamela Jo Bondi, David Easterwood, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cruz Rodriguez, Jesus) (Entered: 03/20/2026)
Main Document: MEMORANDUM
#8
Mar 23, 2026
RESPONSE re 1 Petition for Writ of Habeas Corpus, 6 MOTION to Dismiss/General or Transfer filed by Dervin Enrique Chourio Herrera.(Congiu, Michael) (Entered: 03/23/2026)
Main Document: RESPONSE
#9
Mar 23, 2026
PROPOSED ORDER TO JUDGE re Granting Writ of Habeas Corpus and Denying Respondents' Motion to Dismiss 1 Petition for Writ of Habeas Corpus, 6 Motion to Dismiss/General. (Congiu, Michael) (Entered: 03/23/2026)
Main Document: PROPOSED
#10
Mar 25, 2026
Order on Motion to Dismiss/General
Main Document: Order on Motion to Dismiss/General
#11
Mar 26, 2026
STATUS REPORT & Request for Extension by Pamela Jo Bondi, David Easterwood, Todd Lyons, Kristi Noem. (Cruz Rodriguez, Jesus) (Entered: 03/26/2026)
Main Document: STATUS
#12
Mar 26, 2026
Judgment (Clerk's Office Only)
Main Document: Judgment (Clerk's Office Only)
#13
Mar 26, 2026
(Text-Only) ORDER/NOTICE OF RESCHEDULING: The government's status report may be filed on or before March 31, 2026. Ordered by Senior District Judge John M. Gerrard on 3/26/2026. (DCD) (Entered: 03/26/2026)
#14
Mar 26, 2026
(Text-Only) NOTICE TO ATTORNEY: A petitioner seeking release from immigration detention shall be awarded costs and reasonable attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), unless the Court finds that the government's position was substantially justified or that special circumstances make an award unjust. See Michelin v. Warden Moshannon Valley Corr. Ctr., No. 24-2990, 2026 WL 263483 (3d Cir. Feb. 2, 2026); see also, e.g., Velasco Hurtado v. Noem, No. 26-CV-546, 2026 WL 752441 (D. Minn. Mar. 17, 2026); Salazar v. Noem, No. 26-CV-44, 2026 WL 594606 (D. Neb. Mar. 3, 2026); cf. Bah v. Cangemi, 548 F.3d 680 (8th Cir. 2008) (evaluating the merits of immigration habeas petitioner's EAJA claim). Any motion for costs and fees pursuant to the EAJA in this case should be filed within 30 days of the entry of judgment. See § 2412(d)(1)(B). Ordered by Senior District Judge John M. Gerrard. (DCD) (Entered: 03/26/2026)
Mar 26, 2026
Order/Notice of Hearing/Deadlines (Setting/Resetting)
#15
Mar 31, 2026
SECOND STATUS REPORT & REQUEST FOR EXTENSION filed by Pamela Jo Bondi, David Easterwood, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit(s) Detention History)(Cruz Rodriguez, Jesus) Modified text on 4/1/2026 (MMP). (Entered: 03/31/2026)
Main Document: SECOND
#16
Apr 01, 2026
(Text-Only) ORDER/NOTICE OF RESCHEDULING: Status Report due by 4/8/2026. Ordered by Senior District Judge John M. Gerrard on 4/1/2026. (DCD) (Entered: 04/01/2026)
Apr 01, 2026
Order/Notice of Hearing/Deadlines (Setting/Resetting)

Parties

Bondi
Party
Chourio Herrera
Party