Northern District of Illinois • 1:26-cv-03004

Vazquez v. Noem

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Case Information

Filed: March 17, 2026
Assigned to: Franklin Ulyses Valderrama
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: March 18, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 17, 2026
PETITION for writ of habeas corpus filed by Jose de Jesus Vazquez against Kristi Noem, Samuel Olson Filing fee $ 5, receipt number AILNDC-24861996. (Attachments: # 1 Civil Cover Sheet Civil Cover sheet, # 2 Appendix Appendix)(Osuna, Khiabett) (Entered: 03/17/2026)
Main Document: Petition for Writ of Habeas Corpus
Mar 17, 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, )
Mar 17, 2026
CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (nh, )
#2
Mar 18, 2026
MINUTE entry before the Honorable Franklin U. Valderrama: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody. Respondents are ordered to respond to the habeas petition by 3/25/2026. Petitioner shall reply by 3/31/2025. The Court notes that the Seventh Circuit recently 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.). The Court shall leave it to the parties to consider the relevance of these decisions, if any, to this case. In addition, Respondents shall make a preliminary filing by 3/20/2026 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 Petitioner's immigration proceedings; and (3) Petitioner's current location and the proper Respondent based on that location. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. 1651, the Government is ordered not to remove 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) ("The District Court had the power to preserve existing conditions while it was determining its own authority to grant injunctive relief.") If 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. This case is set for an in-person status hearing in Courtroom 1941 on 4/2/2026 at 9:00 a.m. Mailed notice. (jcm) (Entered: 03/18/2026)
Main Document: MINUTE

Parties

Noem
Party
Vazquez
Party