Northern District of Illinois • 1:25-cv-13180
Garcia Rios v. Noem, Secretary, U.S. Department of Homeland Security
Active
Case Information
Filed: October 29, 2025
Assigned to:
Mary M Rowland
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 19, 2025
Parties:
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Docket Entries
#1
Oct 29, 2025
PETITION for writ of habeas corpus filed by Ivan Garcia Rios against All Defendants Filing fee $ 5, receipt number AILNDC-24270487. (Carhart, Louise) (Entered: 10/29/2025)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 29, 2025
CIVIL Cover Sheet (Carhart, Louise) (Entered: 10/29/2025)
Main Document:
CIVIL
#3
Oct 29, 2025
MOTION by Plaintiff Ivan Garcia Rios for leave to appear as Lead Attorney (Carhart, Louise) (Entered: 10/29/2025)
Main Document:
Appear
#4
Oct 29, 2025
MINUTE entry before the Honorable Mary M. Rowland: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody. Respondent is ordered to respond to the habeas corpus petition by 11/19/25. Petitioner shall reply by 12/10/25. Respondent shall make a preliminary filing by 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 on that location; (4) the government's view as to whether the recent decision in Castaon 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. 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)) ("[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 11/4/25 at 10:00 AM. The parties should be prepared to discuss whether the recent decision in Ochoa Ochoa v. Crowley et al, 25-cv-10865 (N.D. Ill) (Dkt. 20) has any effect on Petitioner's requested relief. Mailed notice. (jg, ) (Entered: 10/29/2025)
Main Document:
MINUTE
Oct 29, 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, )
Oct 29, 2025
CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (cvk, )
#5
Oct 30, 2025
Order
Main Document:
Order
#11
Nov 07, 2025
MEMORANDUM Opinion and Order: Petitioner's motion for leave to appear 3 and petition for writ of habeas corpus 1 are granted. Within 7 days of the issuance of this order, Respondents are ordered to either: (1) afford Petitioner a bond hearin g before an Immigration Judge; or (2) release Petitioner from custody under reasonable conditions of supervision. The parties are to file a joint status report 10 days after the issuance of this order. Further, the Court's order (3) that the Gov ernment cannot remove Petitioner from the jurisdiction or transfer him to any federal judicial district other than those in the States of Illinois, Indiana, or Wisconsin remains in effect so long as Petitioner is in Respondents' custody. Signed by the Honorable Mary M. Rowland on 11/7/2025. Mailed notice. (jg, )
#14
Nov 18, 2025
Dismiss
Main Document:
Dismiss
#15
Nov 19, 2025
Order on Motion to Dismiss
Main Document:
Order on Motion to Dismiss
#16
Nov 19, 2025
Order on Motion to Dismiss
Main Document:
Order on Motion to Dismiss
#17
Nov 19, 2025
Judgment - AO450
Main Document:
Judgment - AO450
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