Northern District of Illinois • 1:25-cv-13415

#1

Nov 03, 2025

PETITION for writ of habeas corpus filed by Enrique Sanchez Guzman against Kristi Noem, Samuel Olson and Complaint for Emergency Injunctive Relief Filing fee $ 5, receipt number AILNDC-24289817. (Mcclure, Lauren) (Entered: 11/03/2025)

#2

Nov 03, 2025

CIVIL Cover Sheet (Mcclure, Lauren) (Entered: 11/03/2025)

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Nov 03, 2025

ATTORNEY Appearance for Petitioner Enrique Sanchez Guzman by Lauren Elizabeth Mcclure (Mcclure, Lauren) (Entered: 11/03/2025)

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Nov 03, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The matter is set for a telephonic status hearing on November 6, 2025 at 9:45 am to discuss next steps, in particular Respondent's view on the application of Ochoa Ochoa v. Noem, 2025 WL 2938779, at *1 (N.D. Ill. Oct. 16, 2025). At the status hearing Respondent should be prepared to address on the record: (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, 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. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 855-244-8681, Access Code: 2302 225 8245. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. Mailed notice. (jlj, ) (Entered: 11/03/2025)

Nov 03, 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. (nh, )

Nov 03, 2025

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (nh, )

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Nov 04, 2025

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

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Nov 06, 2025

DESIGNATION of Nicole Flores as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Flores, Nicole) (Entered: 11/06/2025)

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Nov 06, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Telephone conference held. Respondent explained its position concerning appropriate relief on the habeas petition. Further briefing is not necessary. Petitioner Guzman's Petition for Writ of Habeas Corpus is granted 1 to the extent he seeks relief under 8 U.S.C. § 1226(a). His detention without an individualized custody determination violates the INA and the Due Process Clause of the Fifth Amendment for the reasons explained in Ochoa Ochoa v. Noem, 2025 WL 2938779, at *1 (N.D. Ill. Oct. 16, 2025). Within seven days of this order, Respondents must either: (1) provide Guzman with a bond hearing before an IJ under 8 U.S.C. § 1226(a), at which the Government shall bear the burden of justifying, by clear and convincing evidence of dangerousness or flight risk, Guzman's continued detention; or (2) release Guzman from custody, under reasonable conditions of supervision. The parties are to file a joint status report by November 17, 2025, that updates the court on the status of release, including whether and when a bond hearing was held and inform the court, in detail, the reasons for the IJ's decision. Mailed notice. (jlj, ) (Entered: 11/06/2025)

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Nov 10, 2025

STATUS Report by Enrique Sanchez Guzman (Mcclure, Lauren) (Entered: 11/10/2025)

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Nov 10, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Petitioner has filed a status report, see docket entry 9, that states Respondents will be unable to comply with the Court's order regarding scheduling him for a hearing within 7 days, that is, by November 13, 2025. It would be premature for the court to act on this report before the time period provided by the prior order has lapsed. The matter is set for a telephonic status hearing on November 14, 2025 at 9:15 am for an update from the parties on the status of a bond hearing before an IJ under 8 USC sec. 1226(a) as previously ordered. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 855-244-8681, Access Code: 2302 225 8245. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. Mailed notice. (jlj, ) (Entered: 11/10/2025)