Northern District of Illinois • 1:25-cv-13375

#1

Oct 31, 2025

PETITION for writ of habeas corpus filed by Mykola Tkachuk against Kristi Noem, Samuel Olson Filing fee $ 5, receipt number AILNDC-24287082. (Attachments: # 1 Civil Cover Sheet)(Rivera, Brittni) (Entered: 10/31/2025)

#2

Oct 31, 2025

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. 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 11/5/2025. Petitioner shall reply by 11/12/2025. The Court notes that habeas corpus relief has been recently granted for immigration detainees by other Judges of the Northern District of Illinois in Ochoa Ochoa v. Noem, No. 25 C 10865, 2025 WL 2938779 (N.D. Ill. Oct. 16, 2025) (Jenkins, J.), H.G.V.U. v. Smith, No. 25 C 10931, 2025 WL 2962610 (N.D. Ill. Oct. 20, 2020) (Coleman, J.), Mariano Miguel, No. 25 C 11137 (N.D. Ill. Oct. 21, 2025) (Alonso, J.), and G.Z.T. v. Smith, No. 25 C 12802 (N.D. Ill. Oct. 21, 2025) (Ellis, J.). The Court shall leave it to the parties to consider the relevance of these recent decisions, if any, to the instant case. In addition, Respondent shall make a preliminary filing by 11/4/2025 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; 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, 605 U.S. 91, 97 (2025) (per curiam) (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 11/5/2025 at 1:30 p.m. in Courtroom 1241. Mailed notice. (ym) (Entered: 10/31/2025)

Oct 31, 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. (gmc, )

Oct 31, 2025

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (gmc, )

#3

Nov 03, 2025

ATTORNEY Appearance for Petitioner Mykola Tkachuk by Andrea Ochoa (Ochoa, Andrea) (Entered: 11/03/2025)

#4

Nov 03, 2025

Order

Nov 03, 2025

EMAILED Order 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. (vjd, )

#5

Nov 04, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 11/04/2025)

#6

Nov 04, 2025

STATUS Report by Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 11/04/2025)

#7

Nov 05, 2025

Order on Motion for Petition for Writ of Habeas Corpus

#8

Nov 05, 2025

MINUTE entry before the Honorable Sharon Johnson Coleman: Minute entry 7 is corrected as follows: Status hearing held on 11/5/2025. Petitioner Mykola Tkachuk brings a Petition for a Writ of Habeas Corpus 1 pursuant to 28 U.S.C. § 2241. The issues presented to the Court in this case have arisen before numerous courts across the U.S., including courts in this District. See Ochoa Ochoa v. Noem, No. 25-cv-10865 (N.D. Ill. Oct. 16, 2025); Miguel v. Noem et al, No. 25-cv-11137 (N.D. Ill. Oct. 21, 2025); Alejandro v. Olson, No. 25-cv-02027, 2025 WL 2896348, at *6 (S.D. Ind. Oct. 11, 2025) (collecting cases). In H.G.V.U. v. Smith, No. 25-cv-10931 (N.D. Ill. Oct. 21, 2025), this Court granted a petition for a writ of habeas corpus and addressed these issues. This Court found that 8 U.S.C. § 1252(a)(2)(B)(ii), § 1252(b)(9), and § 1252(g) do not strip district courts of jurisdiction over habeas petitions for detention hearings, and that requiring a petitioner to exhaust remedies by attempting to appeal the denial of bond would be futile, rendering exhaustion inappropriate. This Court concluded that the mandatory detention provision within 8 U.S.C. § 1225(b)(2)(A) does not apply to noncitizens who are "inadmissible" but are already present in the country (such as Mr. Tkachuk). Rather, § 1226(a) applies in that case, subjecting those noncitizens to discretionary detention and entitling them to a bond hearing before an immigration judge. This Court rejected the Board of Immigration Appeals' interpretation of the Immigration and Nationality Act of 1952, as amended ("INA") in Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025) as incorrect as a matter of law, noting that it is neither binding on nor persuasive to this Court. This Court reaffirmed its findings as to each of these arguments in Perez Padilla v. Noem et al, No. 25-cv-12462 (N.D. Ill. Oct. 22, 2025). The Court's findings remain unchanged. At the status hearing on 11/5/2025, the Court heard testimony from a witness with first-hand knowledge of Mr. Tkachuk's arrest. The witness testified that several masked agents of the U.S. Customs and Border Patrol ("CBP") entered into the witness's home, despite the witness denying them permission to enter. The agents detained Mr. Tkachuk without requesting identification. Respondents concede that they did not have a warrant for Mr. Tkachuk's arrest. There has been no evidence presented to the Court establishing that the agents had probable cause to believe that Mr. Tkachuk was in the country illegally, or that the agents made any determination as to probable cause that Mr. Tkachuk would escape before a warrant could be issued for his arrest. Both are required under 8 U.S.C. § 1357(a)(2) and the Castaon Nava Consent Decree. See Castaon Nava v. Dep't of Homeland Sec., No. 18-CV-3757, 2025 WL 2842146 (N.D. Ill. Oct. 7, 2025). The Court grants Mr. Tkachuk's Petition 1 . The Court orders that Respondents provide Mr. Tkachuk with a bond hearing pursuant to the process outlined in 8 U.S.C. § 1226(a) by Friday, 11/7/2025. Respondents may not deny Mr. Tkachuk a bond hearing on the basis of Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025). At the bond hearing, Respondents must show by clear and convincing evidence that Mr. Tkachuk poses a danger to the community or poses a risk of flight such that detention is necessary. See Perez Padilla, No. 25-cv-12462, Dkt. 14 at *45. Alternatively, Respondents may choose to release Mr. Tkachuk immediately. Finally, the Court notes its concern that Mr. Tkachuk has not been able to contact his counsel. The Court further orders Respondents to ensure, within 48 hours of this Order, that Mr. Tkachuk obtains phone access while in detention to communicate at least once per day with his counsel, and with his family. Status hearing set for 11/13/2025 at 1:30pm. Mailed notice. (ym) (Entered: 11/05/2025)

#9

Nov 05, 2025

RESPONSE by Respondents Kristi Noem, Samuel Olson to text entry,,,,,,,,,,,,,,, 8, order on petition for writ of habeas corpus,,,,,,,,,,,,,,,, status hearing,,,,,,,,,,,,,,,, set/reset hearings,,,,,,,,,,,,,,, 7, set motion and R&R deadlines/hearings,,,,,,,,,,,,,, set/reset hearings,,,,,,,,,,,,, 2 (Attachments: # 1 Exhibit 1)(Press, Joshua) (Entered: 11/05/2025)

#11

Nov 11, 2025

MINUTE entry before the Honorable Sharon Johnson Coleman: Ahead of the 11/13/2025 status hearing, parties shall file status reports on 11/12/ 2025 and include in their reports whether there has been any movement on a bond hearing for Mr. Tkachuk, as well as whether he has yet had any contact with his attorneys. Mailed notice. (ym) (Entered: 11/11/2025)

#12

Nov 12, 2025

MINUTE entry before the Honorable Sharon Johnson Coleman: Despite its order of 11/3/2025 8, this Court has not received confirmation that Mr. Tkachuk has had any contact with his attorneys. Accordingly, unless Respondents can produce evidence of Mr. Tkachuk having contact with counsel prior to this order, Respondents are ordered to arrange for Mr. Tkachuk to attend the hearing on 11/13/2025 via video conference and arrange for Mr. Tkachuk to have time to consult with his attorneys in private via video conference both before and after the hearing. Mailed notice. (ym) (Entered: 11/12/2025)

#13

Nov 12, 2025

STATUS Report by Mykola Tkachuk (Ochoa, Andrea) (Entered: 11/12/2025)

#14

Nov 12, 2025

STATUS Report by Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 11/12/2025)

#15

Nov 13, 2025

MINUTE entry before the Honorable Sharon Johnson Coleman: Parties having confirmed that petitioner was released 13, 14 . Status hearing set for 11/13/2025 is stricken. Civil case terminated. Mailed notice. (ym) (Entered: 11/13/2025)