Northern District of Illinois • 1:26-cv-04179
Castillo Garcia v. Olson
Completed
Case Information
Filed: April 14, 2026
Assigned to:
April M. Perry
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: April 23, 2026
Last Activity:
April 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 14, 2026
COMPLAINT filed by Pedro Castillo Garcia; Filing fee $ 405, receipt number AILNDC-24981054., PETITION for writ of habeas corpus filed by Pedro Castillo Garcia against All Defendants Filing fee $ 5, receipt number AILNDC-24981054. (Salah, Abdullah) (Entered: 04/14/2026)
Main Document:
Complaint AND Petition for Writ of Habeas Corpus
#2
Apr 14, 2026
CIVIL Cover Sheet (Salah, Abdullah) (Entered: 04/14/2026)
Main Document:
CIVIL
#3
Apr 15, 2026
MINUTE entry before the Honorable April M. Perry: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody. This case is set for an in-person status hearing 4/21/2026 at 10:00 a.m. Respondent shall make a preliminary filing by 4/17/2026 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. 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 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. The Clerk is instructed to update the docket to alter the Plaintiff to Petitioner and Defendants to Respondents. Mailed notice. (jcc,) (Entered: 04/15/2026)
Main Document:
MINUTE
#4
Apr 15, 2026
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Todd Blanche, Executive Office for Immigration Review, Todd M. Lyons, Markwayne Mullin, Samuel Olson, U.S. Department of Homeland Security (Oswald, Craig) (Entered: 04/15/2026)
Main Document:
DESIGNATION
#5
Apr 15, 2026
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Todd Blanche, Executive Office for Immigration Review, Todd M. Lyons, Markwayne Mullin, Samuel Olson, U.S. Department of Homeland Security (Press, Joshua) (Entered: 04/15/2026)
Main Document:
DESIGNATION
#6
Apr 15, 2026
DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents Todd Blanche, Executive Office for Immigration Review, Todd M. Lyons, Markwayne Mullin, Samuel Olson, U.S. Department of Homeland Security (Gilpin, Geoffrey) (Entered: 04/15/2026)
Main Document:
DESIGNATION
#7
Apr 15, 2026
DESIGNATION of Temilade Oduala as U.S. Attorney for Respondents Todd Blanche, Executive Office for Immigration Review, Todd M. Lyons, Markwayne Mullin, Samuel Olson, U.S. Department of Homeland Security (Oduala, Temilade) (Entered: 04/15/2026)
Main Document:
DESIGNATION
#8
Apr 15, 2026
ATTORNEY Appearance for Petitioner Pedro Castillo Garcia by Abdullah Salah (Salah, Abdullah) (Entered: 04/15/2026)
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ATTORNEY
Apr 15, 2026
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. (ee, )
Apr 15, 2026
CASE ASSIGNED to the Honorable April M. Perry. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (ee, )
Apr 15, 2026
E-MAILED copy of minute order 3 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. (jcc,)
#9
Apr 17, 2026
STATUS Report preliminary status report by Todd Blanche, Executive Office for Immigration Review, Todd M. Lyons, Markwayne Mullin, Samuel Olson, U.S. Department of Homeland Security (Gilpin, Geoffrey) (Entered: 04/17/2026)
Main Document:
STATUS
#10
Apr 19, 2026
Reset
Main Document:
Reset
#11
Apr 20, 2026
Order on motion to reset
Main Document:
Order on motion to reset
#12
Apr 21, 2026
MINUTE entry before the Honorable April M. Perry: Status hearing held 4/21/2026. Respondent is given until 4/23/2026 to file a response to the habeas petition filed in this case. Mailed notice. (jcc,) (Entered: 04/21/2026)
Main Document:
MINUTE
#13
Apr 23, 2026
RESPONSE by Respondents Todd Blanche, Executive Office for Immigration Review, Todd M. Lyons, Markwayne Mullin, Samuel Olson, U.S. Department of Homeland Security Response to Habeas Petition (Attachments: # 1 Exhibit H.G.V.U. Argument)(Gilpin, Geoffrey) (Entered: 04/23/2026)
Main Document:
RESPONSE
#14
Apr 23, 2026
MINUTE entry before the Honorable April M. Perry: This habeas petition is now fully briefed 1 13 . The Government has chosen, as it has many times in the past, to incorporate by reference its arguments made in H.G.V.U. v. Smith, 25-cv-10931, Doc. 29. See Doc. 13 at 2-3. The Government further acknowledges that this case is "not distinguishable" from previously-filed cases in the Northern District of Illinois raising these same issues. Id. at 2. The Court therefore adopts and incorporates its own prior reasoning set forth in Mirzoev v. Olson, 25-cv-12969, Doc. 11, and grants the petition. While some recent cases have created more of a split than existed when the Court last ruled on this topic, ultimately the Court is not persuaded that a change in position is appropriate, especially in light of the Seventh Circuit's opinion in Castanon-Nava v. U.S. Dep't of Homeland Sec., 161 F.4th 1048, 1060-62 (7th Cir. 2025). Respondents are ordered to provide Petitioner with a release hearing under 8 U.S.C. § 1226(a) within seven days of this order or otherwise release him. Because this order provides the full relief to which Petitioner is entitled, the Clerk is directed to enter a final judgment order in favor of Petitioner and terminate this civil case. Petitioner's counsel shall file a motion with this Judge within fourteen days if Petitioner does not receive the relief to which he is entitled. Civil case terminated. Mailed notice. (jcc,) (Entered: 04/23/2026)
Main Document:
MINUTE
#15
Apr 23, 2026
Judgment - AO450
Main Document:
Judgment - AO450
Parties
Castillo Garcia
Party
Olson
Party