Northern District of Illinois • 1:25-cv-13034

#1

Oct 24, 2025

PETITION for writ of habeas corpus filed by Jaime Guartazaca Sumba against 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 Filing fee $ 5, receipt number AILNDC-24252273. (Osuna, Khiabett) (Entered: 10/24/2025)

#2

Oct 24, 2025

CIVIL Cover Sheet (Osuna, Khiabett) (Entered: 10/24/2025)

#3

Oct 24, 2025

ATTORNEY Appearance for Petitioner Jaime Guartazaca Sumba by Khiabett Tanairi Osuna (Osuna, Khiabett) (Entered: 10/24/2025)

#4

Oct 24, 2025

MINUTE entry before the Honorable Edmond E. Chang: The Petitioner has filed a 28 U.S.C. 2241 habeas petition challenging his detention in ICE custody. The government is ordered to respond to the petition by 11/07/2025. The Petitioner shall reply by 11/14/2025. The Court notes that habeas relief has been recently granted for immigration detainees in Ochoa Ochoa v. Noem, No. 25 C 10865, 2025 WL 2938779 (N.D. Ill. Oct. 16, 2025) (Jenkins, J.), H.G.V.U. v. Smith, No. 25 C 10931, 2025 WL 2962610 (N.D. Ill. Oct. 20, 2020) (Coleman, J.), Mariano Miguel, No. 25 C 11137 (N.D. Ill. Oct. 21, 2025) (Alonso, J.), and G.Z.T. v. Smith, No. 25 C 12802 (N.D. Ill. Oct. 21, 2025) (Ellis, J.). The Court shall leave it to the parties to consider the relevance of these recent decisions, if any, to this case. In addition, Respondent shall make a preliminary filing by 10/31/2025 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 the Petitioner's immigration proceedings; (3) the Petitioner's current location and proper Respondent based on that location; and (4) the government's view as to whether the recent decision in Castanon Nava v. DHS, No. 18 C 3757 (N.D. Ill) (R. 214) (addressing a consent decree) has any effect on the Petitioner's habeas petition. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. 1651, the government is ordered not to remove the 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 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 on 11/10/2025 at 9:30 a.m. Emailed notice (Chang, Edmond) (Entered: 10/24/2025)

Oct 24, 2025

E-MAILED Minute Order 4 to thomas.walsh2@usdoj.gov; craig.oswald@usdoj.gov; joshua.press@usdoj.gov (cn).

Oct 24, 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. (nh, )

Oct 24, 2025

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (nh, )

#11

Nov 09, 2025

MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 11/9/2025: For the reasons explained in the Opinion, the Court grants the petition 1 for writ of habeas corpus as follows: the Court issues a conditional writ of habeas corpus, directing the Respondent, on or before 11/17/2025, either to afford the Petitioner a bond hearing that complies with federal laws and regulations or to release him under reasonable conditions of supervision. The parties shall file a status report on or before 11/18/2025, that addresses the Petitioner's release status, whether he received a bond hearing, and the result of that bond hearing.Emailed notice(Chang, Edmond)