District of Oregon • 3:25-cv-01975

#1

Oct 24, 2025

Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-10038512. Filed by L.A.E. against L.A.E. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit). (Smith, Philip) (Entered: 10/24/2025)

#2

Oct 24, 2025

Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by L.A.E.. (Smith, Philip) (Entered: 10/24/2025)

#3

Oct 24, 2025

Notice of Case Assignment: This case is assigned to Magistrate Judge Mark D. Clarke. (sb) (Entered: 10/24/2025)

#4

Oct 24, 2025

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Mark D. Clarke to Judge Adrienne Nelson. (eo) (Entered: 10/24/2025)

#5

Oct 24, 2025

ORDER: The Court ORDERS Respondents to answer or otherwise respond to the Petition by noon on October 28, 2025, and not to move Petitioner outside the District of Oregon without advance notice to the Court as described in this Order. If Respondents have already moved Petitioner outside the District of Oregon, Respondents are Ordered to notify the Court within two hours of being served with this Order. Respondents are further Ordered to state the exact date and time the Petitioner was transferred out of the District of Oregon and the reason why Respondents believed that such a move was immediately necessary. Respondents must also immediately ensure that petitioner's counsel has reasonable access to their client. Signed on 10/24/2025 by Judge Adrienne Nelson. (E-mailed to U.S. Attorney's Office on 10/24/2025 at 4:20 p.m.) (gw) (Entered: 10/24/2025)

#6

Oct 24, 2025

ORDER: Based on Respondents' October 24, 2025, 5:27 PM email stating that Petitioner was removed from the District of Oregon at 3:14 PM on October 24, 2025, the Court finds that, based on the best information it has at this time, it has subject matter jurisdiction over Petitioner's habeas Petition, which was filed at 12:54 PM on October 24, 2025. The Court reiterates that Respondents must file a response to the Petition as ordered and that all other aspects of the Court's Order remain in effect. See ECF 6 . Further, Respondents are ordered not to transport Petitioner from the Tacoma Detention Facility unless otherwise ordered by this Court. Ordered by Judge Adrienne Nelson. (gw) (Entered: 10/24/2025)

#7

Oct 24, 2025

Clerk's Notice via e-mail (at 5:50 p.m.) to U.S. Attorney's Office of Order 6 . (gw) (Entered: 10/24/2025)

Oct 24, 2025

Clerks Notice of Mailing

Oct 24, 2025

Order

#8

Oct 28, 2025

Response in Opposition to the Petition for Writ of Habeas Corpus Under Section 2241 and to Motion for Temporary Restraining Order 2 . Filed by All Defendants. (Ratcliffe, Thomas) (Entered: 10/28/2025)

#9

Oct 28, 2025

Declaration of Enrique Rodriguez . Filed by All Defendants. (Related document(s): Response in Opposition to Motion 8 .) (Ratcliffe, Thomas) (Entered: 10/28/2025)

#10

Oct 28, 2025

SCHEDULING ORDER: A hearing on Petitioner's Petition for Writ of Habeas Corpus 2241 1 and Motion for Temporary Restraining Order 2 is set for 10/29/2025 at 10:30AM in Portland by telephone before Judge Adrienne Nelson. Ordered by Judge Adrienne Nelson. (jp) (Entered: 10/28/2025)

Oct 28, 2025

1 - Scheduling

#11

Oct 29, 2025

MINUTES of Proceedings: The Court held a Status Conference at 10:30 a.m. on October 29, 2025. The Court ORDERS the following:(1) Respondents must immediately ensure petitioner's counsel has reasonable access to their client, including the ability to meet with their client by phone, video conference, or in-person, as requested by petitioner's counsel.(2) Neither respondents nor any of their agents may communicate with petitioner about legal matters, including regarding voluntary departure or any waiver of rights, except through his counsel. Such communications are prohibited for two independent reasons. First, petitioner's counsel represents, and the government does not dispute, that he speaks only Purepecha, not English or Spanish, and he cannot read in any language; any purported waiver of rights conducted in a language that petitioner cannot understand is unconscionable and unenforceable. Second, even if the government uses a Purepecha interpreter, petitioner is represented by counsel; it is wholly improper for government attorneys or law enforcement officers to initiate communication directly with petitioner to induce him to sign a waiver of rights or agree to voluntary departure. Any such communications must go through his attorney.(3) Respondents may not transport petitioner from the Tacoma Detention Facility, except as needed to assist in this litigation at the request of petitioner's counsel or by order of this Court.All of the Court's prior orders remain in effect. Philip James Smith and Nicole Hope Nelson present in person as counsel for petitioner. Thomas Steven Ratcliffe present telephonically as counsel for respondents. Court Reporter: Bonita Shumway. Judge Adrienne Nelson presiding. (ccj) (Entered: 10/29/2025)

Oct 29, 2025

Status Conference

#12

Oct 30, 2025

Attorney Appearance

#13

Oct 30, 2025

Motion - Miscellaneous

#14

Oct 30, 2025

ORDER: For the reasons stated herein, petitioner's motion for a temporary restraining order, ECF 2 , is GRANTED. The Court hereby ORDERS respondents to immediately release petitioner from custody and ENJOINS respondents, and their agents and employees, from re-detaining petitioner without a notice and a hearing. This temporary restraining order shall take effect immediately and shall remain in effect until November 13, 2025, or further order of this Court.Respondents' motio n to modify October 29, 2025, Order is DENIED as moot.In addition, the parties are ORDERED to file a joint status report by November 10, 2025: (1) stating the parties' positions on whether there is cause to extend the order for fourteen addi tional days through November 27, 2025; (2) stating whether petitioner intends to seek a conversion of the temporary restraining order into a preliminary injunction and, if so, providing a briefing schedule and proposed hearing date; and (3) providing a briefing schedule on the habeas petition. Signed on 10/30/2025 by Judge Adrienne Nelson. (ccj)