Northern District of Illinois • 1:25-cv-13306

Delgado v. Olson

Terminated

Case Information

Filed: October 30, 2025
Assigned to: Sara Lee Ellis
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Terminated: November 04, 2025
Last Activity: November 04, 2025
Parties: View All Parties →

Docket Entries

#1
Oct 30, 2025
PETITION for writ of habeas corpus filed by Javier Alarcon Delgado against Pamela Bondi, U.S. Attorney General, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW;, 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, U.S. DEPARTMENT OF HOMELAND SECURITY; Filing fee $ 5, receipt number AILNDC-24280141. (Becerra, Carlos) (Entered: 10/30/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 30, 2025
CIVIL Cover Sheet (Becerra, Carlos) (Entered: 10/30/2025)
Main Document: CIVIL
#3
Oct 30, 2025
ATTORNEY Appearance (Becerra, Carlos) (Entered: 10/30/2025)
Main Document: ATTORNEY
Oct 30, 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. (lw, )
Oct 30, 2025
CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category Two). (lw, )
#4
Oct 31, 2025
MINUTE entry before the Honorable Sara L. Ellis: 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 10/31/2025. In addition, Respondent shall make a preliminary filing by 10/31/2025 stating: (1) confirmation that 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; and (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 11/3/2025 at 9:00 AM in Courtroom 1403. Emailed notice (rj, ) (Entered: 10/31/2025)
Main Document: MINUTE
#5
Oct 31, 2025
ATTORNEY Appearance for Petitioner Javier Alarcon Delgado by Sara N M Dady (Dady, Sara) (Entered: 10/31/2025)
Main Document: ATTORNEY
#6
Oct 31, 2025
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Pam Bondi, Executive Office of Immigration Review, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Oswald, Craig) (Entered: 10/31/2025)
Main Document: DESIGNATION
#7
Oct 31, 2025
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
#8
Nov 03, 2025
Order on Motion for Extension of Time to File Response/Reply
Main Document: Order on Motion for Extension of Time to File Response/Reply
#9
Nov 03, 2025
RESPONSE by Respondents Pam Bondi, Executive Office of Immigration Review, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security to petition for writ of habeas corpus, 1 (Attachments: # 1 Exhibit)(Flores, Nicole) (Entered: 11/03/2025)
Main Document: RESPONSE
#10
Nov 03, 2025
DESIGNATION of Nicole Flores as U.S. Attorney for Respondents Pam Bondi, Executive Office of Immigration Review, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Flores, Nicole) (Entered: 11/03/2025)
Main Document: DESIGNATION
#11
Nov 03, 2025
STATUS Report by Pam Bondi, Executive Office of Immigration Review, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Oswald, Craig) (Entered: 11/03/2025)
Main Document: STATUS
Nov 03, 2025
MAILED Order 4 dated 10/31/2025 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 via email. (rc, )
#12
Nov 04, 2025
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Pam Bondi, Executive Office of Immigration Review, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Press, Joshua) (Entered: 11/04/2025)
Main Document: DESIGNATION
#13
Nov 04, 2025
In Court Hearing Held AND Order AND Order on Motion for Petition for Writ of Habeas Corpus AND ~Util - Terminate Civil Case
Main Document: In Court Hearing Held AND Order AND Order on Motion for Petition for Writ of Habeas Corpus AND ~Util - Terminate Civil Case
#14
Nov 04, 2025
Judgment - AO450
Main Document: Judgment - AO450