Northern District of Illinois • 1:25-cv-13035

#5

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: 10/27/2025)

#1

Oct 24, 2025

PETITION for writ of habeas corpus filed by Domingo Costilla Dominguez 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-24252292. (Attachments: # 1 Exhibit Ex. 1-Interim Guidance Regarding Detention Authority for Applicants for Admission)(Flores, Maya) (Entered: 10/24/2025)

#2

Oct 24, 2025

CIVIL Cover Sheet (Flores, Maya) (Entered: 10/24/2025)

#3

Oct 24, 2025

ATTORNEY Appearance for Petitioner Domingo Costilla Dominguez by Maya Alison Flores (Flores, Maya) (Entered: 10/24/2025)

Oct 24, 2025

CASE ASSIGNED to the Honorable John Robert Blakey. Case assignment: Random assignment. (Civil Category 2). (nh, )

Oct 24, 2025

CASE ASSIGNED Designated as Magistrate Judge the Honorable Albert Berry, III. Case assignment: Random assignment. (Civil Category 2). (nh, )

#4

Oct 27, 2025

MINUTE entry before the Honorable John Robert Blakey: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody, see 1 . Respondent shall respond to the petition by 11/21/25, and Petitioner shall file any reply by 12/5/25. In addition, Respondent shall make a preliminary filing by noon on 10/31/25 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 upon 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) (Dkt. 214) (addressing a consent decree) has any effect on Petitioner's habeas corpus case (including whether Petitioner was arrested with or without a warrant). 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)) ("The 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 11/3/25 at 11:00 a.m. in Courtroom 1203. Mailed notice. (evw, ) (Entered: 10/27/2025)

Oct 27, 2025

MAILED a copy of the minute order dated 10/27/2025 to Maya Alison Flores, Plaintiff's Counsel; 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. (evw, ) Modified on 10/27/2025 (evw, ).

#6

Oct 28, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 10/28/2025)

#7

Oct 29, 2025

STATUS Report by Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 10/29/2025)

#8

Oct 30, 2025

RESPONSE by Respondents Kristi Noem, Samuel Olson to petition for writ of habeas corpus, 1 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Press, Joshua) (Entered: 10/30/2025)

#9

Oct 30, 2025

MEMORANDUM Response 8 by Kristi Noem, Samuel Olson (Attachments: # 1 Declaration of Carly Schilling, # 2 Declaration of Joshua S. Press)(Press, Joshua) (Entered: 10/30/2025)

#10

Oct 31, 2025

Order on Motion for Petition for Writ of Habeas Corpus

#11

Nov 04, 2025

Judgment - AO450