Northern District of Illinois • 1:25-cv-12762

#8

Oct 02, 2025

ORDER AMENDED GENERAL ORDER 25-0024: GENERAL ORDER HOLDING IN ABEYANCE: CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY: This matter is before the Court due to the lapse of congressional appropriations funding the federal government, including the Department of Justice and the United States Attorney's Office. Absent an appropriation, the United States represents that certain Department of Justice attorneys and employees of the federal government are prohibited from working, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. § 1342. Therefore, the lapse in appropriations requires a reduction in the workforce of the United States Attorney's Office and other federal agencies, particularly with respect to prosecution and defense of civil cases. The Court, in response, and with the intent to avoid any default or prejudice to the United States or other civil litigants occasioned by the lapse in funding, sua sponte enters this General Order. As a result of the cited workforce reductions, it is hereby ORDERED, effective October 1, 2025, that all civil litigation involving as a party the United States of America, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees), and/or any other party represented by the Department of Justice or the United States Attorney's Office is immediately suspended, postponed, and held in abeyance continuing until funding for federal government operations is fully restored. The Court may renew or modify this General Order depending on developments in the stay period. The Court intends "civil litigation" to include all pending non-criminal cases in which the United States, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees) is in any way a named party and any non-criminal cases in which the United States Attorney's Office or the Department of Justice is counsel of record. This includes, without limitation, all pending Social Security cases and all cases seeking monetary or equitable relief in which the United States is involved as a civil litigant. The General Order does not affect habeas corpus cases pending or filed under Chapter 153 of Title 28. This General Order suspends and continues, during the stay, any and all events and deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled proceedings, hearings, and/or discovery and pleading dates. No party will be required to take any steps in civil litigation affected until expiration of the stay. The Court warns litigants that this General Order does not purport to affect rights to, or deadlines concerning, appeal from any decision of this Court, which will continue to operate and issue orders in the normal course. Any litigant affected by this General Order may seek relief from the order by motion. The Court may, in any particular case, vary the effect or operation of this General Order by a separate order. The Court shall distribute this General Order: (a) by electronic service to all registered CM/ECF users; (b) by first-class mail to unregistered civil litigants, including pro se litigants, and to attorneys pending pro hac vice admission; and (c) by posting the General Order on the Court's public website. This General Order does not operate as a stay of any injunction or restraining order entered by any judge of this court. The Court shall clarify the status of case schedules upon expiration of the stay and dependent on the timing of the funding resolution. Signed by the Honorable Virginia M. Kendall on 10/2/2025. Mailed notice.(nh, ) (Entered: 10/20/2025)

#1

Oct 19, 2025

PETITION for writ of habeas corpus filed by Ruben Torres Maldonado against Pamela Bondi, U.S. Attorney General, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Kristi Noem, Secretary, U.S. Department of Homeland Security, Samuel Olson, Field Office Director of Enforcement and Removal Operations, Chicago Field Office, Immigration and Customs Enforcement, U.S. DEPARTMENT OF HOMELAND SECURITY Filing fee $ 5, receipt number AILNDC-24217618. (Resnick, Kalman) (Entered: 10/19/2025)

#2

Oct 19, 2025

CIVIL Cover Sheet (Resnick, Kalman) (Entered: 10/19/2025)

#3

Oct 19, 2025

ATTORNEY Appearance for Petitioner Ruben Torres Maldonado by Kalman D. Resnick (Resnick, Kalman) (Entered: 10/19/2025)

Oct 19, 2025

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (nh, )

Oct 19, 2025

case assigned

#4

Oct 20, 2025

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Pamela Bondi, U.S. Attorney General, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Kristi Noem, Secretary, U.S. Department of Homeland Security, Samuel Olson, Field Office Director of Enforcement and Removal Operations, Chicago Field Office, Immigration and Customs Enforcement, U.S. DEPARTMENT OF HOMELAND SECURITY (Oswald, Craig) (Entered: 10/20/2025)

#5

Oct 20, 2025

ORDER: Petitioner brings a 28 U.S.C. § 2241 habeas corpus petition alleging that he was arrested by ICE on October 18, 2025. The petition asserts his 16-year-old United States Citizen daughter suffers from Metastatic Alveolar Rhabdomyosarcoma, a life-threatening form of cancer. The daughter has been hospitalized at Lurie's Children's Hospital in Chicago, Illinois since September 2025, where she is receiving chemotherapy and radiation treatments. He claims to be the family sole provider as his wife cares full time for their daughter and four-year-old United States Citizen son. Although Petitioner's counsel filed this case on October 19, 2025, at 11:04 p.m., there is presently no motion for emergency relief such as a temporary restraining order or bond pending review of this habeas corpus petition. See A.A.R.P v. Trump, 605 U.S. 91, 92 (2025) (considering TRO request in 28 U.S.C. 2241 immigration habeas corpus case); Cherek v. United States, 767 F.2d 335, 337 (7th Cir. 1985) (recognizing that district court has inherent authority to grant bail while habeas corpus case is pending, but power should be used sparingly); but see Bolante v. Keiser, 506 F.3d 618, 621 (7th Cir. 2007) (holding that habeas corpus court's inherent power to grant bail in a habeas corpus case must yield when Congress forbids the granting of bail under the Immigration statute). The Court leaves it to Petitioner's attorney to consider what, if any, motions are proper. Respondent shall make a preliminary filing on or before October 22, 2025, stating: (1) whether 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; (3) Petitioner's current location and proper Respondent based on that location; and (4) the government's view as to whether the recent decision in Castaon Nava v. DHS, No. 18 C 3757 (N.D. Ill) (Dkt. 214) (addressing a consent decree) has any effect on Petitioner's habeas corpus case. 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, 145 S. Ct. 1364, 1369 (2025) (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 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 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 October 23, 2025, at 9:30 a.m. in Courtroom 1419. Signed by the Honorable Jeremy C. Daniel on 10/20/2025. Mailed notice. (kp, ) (Entered: 10/20/2025)

#6

Oct 20, 2025

MOTION by Petitioner Ruben Torres Maldonado for temporary restraining order (Attachments: # 1 Exhibit A)(Resnick, Kalman) (Entered: 10/20/2025)

#7

Oct 20, 2025

NOTICE of Motion by Kalman D. Resnick for presentment of motion for temporary restraining order 6 before Honorable Jeremy C. Daniel on 10/23/2025 at 09:30 AM. (Resnick, Kalman) (Entered: 10/20/2025)

#9

Oct 20, 2025

Petition for Writ of Habeas Corpus

Oct 20, 2025

EMAILED a copy of this order 5 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. (kp, )

Oct 20, 2025

mailed

#10

Oct 21, 2025

ATTORNEY Appearance for Petitioner Ruben Torres Maldonado by Kate Ellen Schwartz (Schwartz, Kate) (Entered: 10/21/2025)

Oct 21, 2025

EMAILED Order dated 10/20/25 5 to Tom Walsh, Chief of the Civil Division, United States Attorney's Office, Northern District of Illinois, Craig Oswald and Joshua Press AUSA, United States Attorney's Office, Northern District of Illinois, (jxm, )

Oct 21, 2025

mailed

#11

Oct 22, 2025

ATTORNEY Appearance for Petitioner Ruben Torres Maldonado by Charles David Wysong (Wysong, Charles) (Entered: 10/22/2025)

#12

Oct 22, 2025

STATUS Report by Pamela Bondi, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Oswald, Craig) (Entered: 10/22/2025)

#13

Oct 23, 2025

Order on Motion for Petition for Writ of Habeas Corpus

#14

Oct 23, 2025

RESPONSE by Respondents Pamela Bondi, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security to petition for writ of habeas corpus, 9 (Attachments: # 1 Supplement BIA Decision, # 2 Exhibit Response, # 3 Exhibit Decision)(Oswald, Craig) (Entered: 10/23/2025)

#15

Oct 24, 2025

Miscellaneous Relief

#16

Oct 24, 2025

ORDER: The Court grants, in part, Ruben Torres Maldonado's amended petition for writ of habeas corpus 9 . The government shall provide the petitioner with a bond hearing on or before October 31, 2025. The petitioner's detention is unlawful under the Immigration and Nationality Act and violates the petitioner's right to due process. The parties shall submit a status report on or before November 4, 2025, that addresses the petitioner's release status, including when the petitioner received a bond hearing, the result of that bond hearing, and any findings made by the immigration judge. The Court denies the petitioner's motion for a temporary restraining order 6 . The Court grants the petitioner's motion to add Brandon Crowley as respondent 15 . The Clerk shall alter the case caption to Torres Maldonado v. Crowley. Signed by the Honorable Jeremy C. Daniel on 10/24/2025. Mailed notice. (kp, ) (Entered: 10/24/2025)

#17

Oct 28, 2025

ATTORNEY Appearance for Petitioner Ruben Torres Maldonado by Naiara Florencia Testai (Testai, Naiara) (Entered: 10/28/2025)

#18

Nov 04, 2025

STATUS Report JOINT by Ruben Torres Maldonado (Testai, Naiara) (Entered: 11/04/2025)

#19

Nov 05, 2025

MINUTE entry before the Honorable Jeremy C. Daniel: The parties report that the petitioner received a bond hearing and has been released on bond. That concludes the issues raised in the petition. The Clerk is instructed to close this case on the Court's docket. Civil case terminated. Mailed notice. (vcf, ) (Entered: 11/05/2025)

#20

Nov 06, 2025

Judgment - AO450