Northern District of Illinois • 1:25-cv-13442

#1

Nov 03, 2025

PETITION for writ of habeas corpus filed by Jose Gabriel Lira Perez against Samuel OLSON, kristi noem Filing fee $ 5, receipt number AILNDC-24292973. (Attachments: # 1 Civil Cover Sheet)(Peyton, Jennifer) (Entered: 11/03/2025)

#2

Nov 03, 2025

MINUTE entry before the Honorable Virginia M. Kendall. 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 11/7/2025. Petitioner shall reply by 11/14/2025. 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 10/31/2025 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. The 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 11/10/2025 at 1:15 p.m. in Courtroom 2541.Mailed notice (lk, ) (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 Virginia M. Kendall. Designated as Magistrate Judge the Honorable Albert Berry, III. Case assignment: Random assignment. (Civil Category 2). (nh, )

#3

Nov 04, 2025

MINUTE entry before the Honorable Virginia M. Kendall. Minute Entry 2 is corrected as follows: 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. Mailed notice (lk, ) (Entered: 11/04/2025)

#5

Nov 04, 2025

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Status hearing set for 11/10/2025 is reset for 11/12/2025 at 9:30 AM. Mailed notice (lk, ) (Entered: 11/04/2025)

Nov 04, 2025

EMAILED Order dated 11/03/25 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. (jxm, )

#8

Nov 07, 2025

DESIGNATION of Paraisia R Winston as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Winston, Paraisia) (Entered: 11/07/2025)

#9

Nov 07, 2025

RESPONSE by Respondents Kristi Noem, Samuel Olson to petition for writ of habeas corpus 1 (Attachments: # 1 Exhibit)(Winston, Paraisia) (Entered: 11/07/2025)

#10

Nov 07, 2025

REPLY by Jose Gabriel Lira Perez to Response 9 (Peyton, Jennifer) (Entered: 11/07/2025)

#11

Nov 10, 2025

Memorandum Opinion and Order AND Order on Motion for Petition for Writ of Habeas Corpus