Southern District of Indiana • 4:25-cv-00211

#7

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, ) [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/24/2025)

#1

Oct 23, 2025

PETITION for writ of habeas corpus filed by PATRICIA YADIRA QUISHPE-GUAMAN against Kristi Noem, Secretary, U.S. Department of Homeland Security Filing fee $ 5, receipt number AILNDC-24243330. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Notice of Filing Attorney Appearance Form, # 3 Text of Proposed Order Proposed Order, # 4 Exhibit Exhibit Index, # 5 Exhibit Exhibit A: NTA, # 6 Exhibit Exhibit B: I-589, # 7 Exhibit Exhibit C: Notice of Hearing, # 8 Exhibit Exhibit D: EAD, # 9 Exhibit Exhibit E; ICE Online Detainee Locator)(Eminova, Elzara) [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/23/2025)

#2

Oct 23, 2025

MOTION by Plaintiff PATRICIA YADIRA QUISHPE-GUAMAN for order to show cause directing respondents to justify continued detention (Eminova, Elzara) [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/23/2025)

#3

Oct 23, 2025

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondent Kristi Noem, Secretary, U.S. Department of Homeland Security (Oswald, Craig) [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/23/2025)

#4

Oct 23, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondent Kristi Noem, Secretary, U.S. Department of Homeland Security (Press, Joshua) [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/23/2025)

#5

Oct 23, 2025

MINUTE entry before the Honorable Martha M. Pacold: Telephone motion hearing is set for 10/24/2025 at 10:00 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2315 996 7380#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (rao, ) [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/23/2025)

#6

Oct 23, 2025

ORDER Signed by the Honorable Martha M. Pacold on 10/23/2025 [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/23/2025)

Oct 23, 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. (cvk, ) [Transferred from Illinois Northern on 10/27/2025.]

Oct 23, 2025

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (cvk, ) [Transferred from Illinois Northern on 10/27/2025.]

#8

Oct 24, 2025

ORDER: Motion hearing held on 10/24/25. This case is hereby transferred to the Southern District of Indiana forthwith. Core habeas petitions must be filed in the district of confinement. See Rumsfeld v. Padilla, 542 US. 426 (2004). As the parties agreed to at this morning's hearing, there is no dispute that the petitioner was confined in the Southern District of Indiana when this case was filed. Thus, this case is transferred to the Southern District of Indiana. See 28 U.S.C. § 1404; Trump v. J.G.G., 604 U.S. 670, 672 (2025) (per curiam); Kholyavskiy v. Achim, 443 F.3d 946, 947 (7th Cir. 2006). For clarity, the court's 10/23/25 order 6 addressed only the request to enjoin transfer or removal and did not address any other requests for emergency relief in the petition 1 or motion 2 . That is, the 10/23/25 order 6 denied any immediate request under the All Writs Act to enjoin transfer or removal, 2 at 3 paragraph (c); 1 at 6 21, but in all other respects, the petition 1 and motion 2 remain pending. Signed by the Honorable Martha M. Pacold on October 24, 2025. Mailed notice (ph, ) [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/24/2025)

#9

Oct 24, 2025

TRANSFERRED to the Southern District of Indiana the electronic record. (ph, ) [Transferred from Illinois Northern on 10/27/2025.] (Entered: 10/24/2025)

#10

Oct 27, 2025

Case transferred in from District of Illinois Northern; Case Number 1:25-cv-12941. Original file copy of transfer order and docket sheet received. (Entered: 10/27/2025)

#11

Oct 27, 2025

ORDER TO SHOW CAUSE - The Respondents are notified of the filing of the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. This material has been scanned into the Court's electronic docket. A copy of this Order to Show Cause shall be distributed electronically to the United States Attorney. The clerk is directed to issue process by mail to the Clark County Respondents. Process will consist of the petition (dkt. 1 ), exhibits (dkts. [1-1] and [1-2], [1-3], [1-4], [1-5], [1-6], [1-7], [1-8], and 1-9]), and this order. The Respondents will have through November 3, 2025, to answer the allegations of the habeas petition and show cause why the relief sought by the Petitioner should not be granted. The Petitioner will have four days after service of the answer to reply. *** SEE ORDER *** Signed by District Judge Tanya Walton Pratt on 10/27/2025.(SMH) (Entered: 10/27/2025)

#12

Oct 28, 2025

Leave to File

#13

Oct 28, 2025

SCHEDULING Order

#14

Oct 29, 2025

Order on Motion for Leave to File

#15

Oct 31, 2025

Notice of Appearance

#16

Oct 31, 2025

Return to Order to Show Cause (Habeas Case Only)

#18

Nov 03, 2025

Notice of Appearance

#19

Nov 03, 2025

Response in Opposition to Motion

#21

Nov 04, 2025

Appear pro hac vice

#22

Nov 05, 2025

Status Conference

#23

Nov 05, 2025

Order on Motion to Appear pro hac vice

#24

Nov 06, 2025

Motion (Other)

#25

Nov 06, 2025

Notice of Appearance

#26

Nov 07, 2025

Order on Motion

#27

Nov 12, 2025

Reply in Support of Motion

#28

Nov 17, 2025

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING FURTHER ACTIONS - The Petition for Writ Of Habeas Corpus, Dkt. 1 , is GRANTED. The Court DECLARES that Quishpe's continued detention violates the Immigration and Nationality Ac t, 8 U.S.C. §§ 1225-26 and/or the Due Process Clause of the Fifth Amendment to the U.S. Constitution. Respondents will have seven (7) days from the date of this Order to notify the Court that Quishpe has received a bond hearing, affordin g her all proceedings and rights provided by § 1226 and its corresponding regulations, and that her claim for release on bond has been heard and considered on the merits. Quishpe's Emergency Motion for an Order to Show Cause, Dkt. 2 , is GRANTED to the extent set forth in the Court's October 27, 2025 Order (Dkt. 11 ). Quishpe's request for attorney's fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412, and on any other basis deemed just, (Dk t. 1 at 24), must be presented in a proper motion under Federal Rule of Civil Procedure 54(d) and Local Rule 54-1. Any such motion and accompanying brief should be filed within fourteen (14) days of the date of this Order. Thereafter, Respondents will have fourteen (14) days to respond. Final judgment will be entered in a separate Order. (SEE ORDER.) Copies sent pursuant to distribution list via US mail. Signed by District Judge Tanya Walton Pratt on 11/17/2025. (TPS)

#29

Nov 17, 2025

Closed Judgment

#30

Nov 18, 2025

Notice (Other)

#31

Nov 19, 2025

MARGINAL ENTRY