Northern District of Illinois • 1:25-cv-13424

#1

Nov 03, 2025

PETITION for writ of habeas corpus filed by Alejandro Noe Diaz Hernandez against Pam Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, Sam Olson, Sandra Salazar, Madison Sheahan, Donald J Trump Filing fee $ 5, receipt number AILNDC-24291122. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet)(Mclean, William) (Entered: 11/03/2025)

#2

Nov 03, 2025

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. Respondent is ordered to respond to the habeas corpus petition by 11/10/2025. Petitioner shall reply by 11/13/2025. In addition, Respondent shall make a preliminary filing by 11/5/2025 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 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 11/6/2025 at 10:00 a.m. in Courtroom 1725. Mailed notice. (jcc,) (Entered: 11/03/2025)

#3

Nov 03, 2025

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Pam Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, Sam Olson, Sandra Salazar, Madison Sheahan (Oswald, Craig) (Entered: 11/03/2025)

#4

Nov 03, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Pam Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, Sam Olson, Sandra Salazar, Madison Sheahan (Press, Joshua) (Entered: 11/03/2025)

Nov 03, 2025

E-MAILED copy of minute order 2 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,)

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. (mam, )

Nov 03, 2025

CASE ASSIGNED to the Honorable April M. Perry. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (mam, )

#5

Nov 04, 2025

Order

#6

Nov 06, 2025

MINUTE entry before the Honorable April M. Perry: Motion hearing held 11/6/2025. The case is called, but no one appears for Petitioner or Respondents. The Court notes that Respondents were instructed to file an initial status report on 11/5/2025 and did not do so. Respondents are directed to make that preliminary filing by 11/7/2025 at 12:00 p.m., and Respondents' substantive brief remains due on 11/10/2025. Mailed notice. (jcc,) (Entered: 11/06/2025)

#7

Nov 07, 2025

STATUS Report by Pam Bondi, Marcos Charles, Todd M. Lyons, Kristi Noem, Sam Olson, Sandra Salazar, Madison Sheahan, Donald J Trump (Oswald, Craig) (Entered: 11/07/2025)

#8

Nov 07, 2025

MINUTE entry before the Honorable April M. Perry: Respondents have submitted a status report indicating that Petitioner was detained in the Western District of Michigan at the time this habeas petition was filed 7 . Venue in a habeas case is proper where a detainee is located at the time of the initial filing. If Petitioner's counsel has facts to challenge Respondents' assertion, Petitioner should file a status report by 11/10/2025 at 12:00 p.m. If Petitioner does not submit anything by that time, this case will be transferred to the Western District of Michigan. Respondents' responsive briefing deadline is stayed. Mailed notice. (jcc,) (Entered: 11/07/2025)

#9

Nov 10, 2025

MINUTE entry before the Honorable April M. Perry: When this case was filed, Petitioner was detained at the North Lake Processing Center in Baldwin, Michigan, where he presently remains. A habeas corpus petition must be filed in the federal judicial district of Petitioner's confinement. Trump v. J.G.G., 604 U.S. 670, 672 (2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004)). Petitioner was detained in the judicial district for the United States District Court for the Western District of Michigan when this case was filed. Pursuant to 28 U.S.C. 1631, the Clerk shall transfer this matter forthwith to the United States District Court for the Western District of Michigan. Mailed notice. (jcc,) (Entered: 11/10/2025)