Southern District of Ohio • 1:25-cv-00768

Ortiz Soto v. Sheriff, Butler County Jail

Active

Case Information

Filed: October 23, 2025
Assigned to: Jeffery P. Hopkins
Referred to: Karen L. Litkovitz
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity: July 21, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 23, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BOHSDC-10737848.), filed by Marlen Jamileth Ortiz soto. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Form) (Mahadevan, Krishna) (Entered: 10/23/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 24, 2025
ORDER. Signed by Judge Jeffery P. Hopkins on 10/24/2025. (kmc) (Entered: 10/24/2025)
Main Document: Order
#3
Oct 24, 2025
NOTICE of Appearance (King, William) (Entered: 10/24/2025)
Main Document: Notice of Appearance
#4
Oct 27, 2025
NOTICE of Appearance by Adam Cody Tieger for Respondents Acting Director, U.S. Immigration & Customs Enforcement, Attorney General, The United States of America, Director, Cincincinnati Field Office, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security (Tieger, Adam) (Entered: 10/27/2025)
Main Document: Notice of Appearance
#5
Oct 28, 2025
ORDER - The parties are ORDERED to confer on a case schedule and file a joint proposed scheduling order by November 5, 2025. Signed by Magistrate Judge Karen L. Litkovitz on 10/28/25. (sct) (Entered: 10/28/2025)
Main Document: Order
#6
Oct 29, 2025
NOTICE of Appearance by Kevin James Gerrity for Respondent Sheriff, Butler County Jail (Gerrity, Kevin) (Entered: 10/29/2025)
Main Document: Notice of Appearance
#7
Oct 29, 2025
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Respondent Sheriff, Butler County Jail. (Gerrity, Kevin) (Entered: 10/29/2025)
Main Document: Dismiss for Failure to State a Claim
#8
Nov 03, 2025
STATUS REPORT Joint Proposed Scheduling Order by Respondents Acting Director, U.S. Immigration & Customs Enforcement, Attorney General, The United States of America, Director, Cincincinnati Field Office, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security, Petitioner Marlen Jamileth Ortiz Soto. (King, William) (Entered: 11/03/2025)
Main Document: Status Report
#9
Nov 04, 2025
ORDER SETTING CASE SCHEDULE - The Court SETS the following case schedule: Respondents' Return of Writ Due November 12, 2025; Ortiz Soto's Reply Due November 19, 2025. Any response to Respondent Sheriff Richard K. Jones's Motion to Dismiss (Doc. 7 ), is due on or before November 10, 2025. Any reply is due on or before November 17, 2025. Signed by Magistrate Judge Karen L. Litkovitz on 11/4/25. (sct) (Entered: 11/04/2025)
Main Document: Order AND Set Motion and R&R Deadlines/Hearings AND ~Util - Set Deadlines
#10
Nov 04, 2025
ORDER REGARDING GENERAL ORDER 25-04: The instant case is not stayed and remains active. Signed by Judge Jeffery P. Hopkins on 11/4/2025. (mr) (Entered: 11/04/2025)
Main Document: Order
#11
Nov 12, 2025
RETURN of Writ re 1 Petition for Writ of Habeas Corpus by Respondents Acting Director, U.S. Immigration & Customs Enforcement, Attorney General, The United States of America, Director, Cincincinnati Field Office, U.S. Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (King, William) (Entered: 11/12/2025)
Main Document: Return of Writ (Answer)
#12
Nov 19, 2025
Petitioner's REPLY BRIEF by Marlen Jamileth Ortiz Soto . (Mahadevan, Krishna) (Entered: 11/19/2025)
Main Document: Reply Brief - Petitioner
#13
Nov 20, 2025
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket 12 Reply Brief - Petitioner and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket 12 Reply Brief - Petitioner as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 11/21/2025. (jmt) (Entered: 11/20/2025)
Main Document: Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
#14
Nov 20, 2025
Petitioner's REPLY BRIEF by Marlen Jamileth Ortiz Soto . (Mahadevan, Krishna) (Entered: 11/20/2025)
Main Document: Reply Brief - Petitioner
#15
Nov 25, 2025
REPORT AND RECOMMENDATION - It is RECOMMENDED that the Motion to Dismiss by Respondent Sheriff Richard K. Jones be GRANTED and that Sheriff Richard K. Jones be DISMISSED as Respondent in this action. It is further RECOMMENDED that the instant Petition be permitted to proceed against the remaining named Respondents. Objections to R&R due by 12/9/25. Signed by Magistrate Judge Karen L. Litkovitz on 11/25/25. (sct) (Entered: 11/25/2025)
Main Document: Report and Recommendations
#16
Dec 01, 2025
ORDER - The parties are ORDERED to promptly file a Joint Status Report upon the conclusion of the hearing apprising the Court of the outcome of the hearing. Signed by Magistrate Judge Karen L. Litkovitz on 12/1/25. (sct) (Entered: 12/01/2025)
Main Document: Order
#17
Dec 08, 2025
STATUS REPORT by Petitioner Marlen Jamileth Ortiz Soto. (Mahadevan, Krishna) (Entered: 12/08/2025)
Main Document: Status Report
#18
Dec 29, 2025
STATUS REPORT by Petitioner Marlen Jamileth Ortiz Soto. (Mahadevan, Krishna) (Entered: 12/29/2025)
Main Document: Status Report
#19
Feb 23, 2026
Notice of Supplemental Authority by Petitioner Marlen Jamileth Ortiz Soto. (Mahadevan, Krishna) Modified docket text on 2/24/2026 (eh). (Entered: 02/23/2026)
Main Document: Supplemental - Supporting (non motion)
#20
May 04, 2026
OPINION AND ORDER: The Court finds that Ortiz Soto is detained under § 1226(a), not § 1225(b)(2). Accordingly, it is ORDERED that Respondents RELEASE Ortiz Soto or PROVIDE Ortiz Soto with an individualized bond hearing before an immigratio n judge within 7 calendar days of the date of this Order at which the government shall bear the burden to demonstrate, by clear and convincing evidence, that Ortiz Soto is a danger to the community or a flight risk; at which the IJ must consider n on-bond alternatives to detention or, if setting a bond, Ortiz Soto's ability to pay. Further, the Court ADOPTS the Report and Recommendation (Doc. 15) and GRANTS Respondent Sheriff Richard K. Jones Motion to Dismiss (Doc. 7). Signed by Judge Jeffery P. Hopkins on 5/4/2026. (kmc)
Main Document: Order AND Order Adopting Report and Recommendations AND ~Util - Add and Terminate Parties AND ~Util - Terminate Motions
#21
May 12, 2026
MOTION to Enforce Judgment by Petitioner Marlen Jamileth Ortiz Soto. (Attachments: # 1 Exhibit) (Mahadevan, Krishna) (Entered: 05/12/2026)
Main Document: Enforce Judgment
#23
May 19, 2026
RELATED CASE MEMORANDUM ORDER: I am the Judge on both of the listed cases (1:26-cv-488; 1:25-cv-768) and have determined that the cases, are related and they shall both remain on my docket. Signed by Judge Jeffery P. Hopkins on 5/19/2026. (Entered: 05/19/2026)
Main Document: Related Case Memorandum
#24
Jun 02, 2026
Response in Opposition to Motion
Main Document: Response in Opposition to Motion
#25
Jun 03, 2026
Response in Opposition to Motion
Main Document: Response in Opposition to Motion
#26
Jul 21, 2026
Status Report
Main Document: Status Report