Southern District of Indiana • 2:25-cv-00546

#7

Oct 02, 2025

ORDER AMENDED GENERAL ORDER 25-0024: GENERAL ORDER HOLDING IN ABEYANCE: CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY: This matter is before the Court due to the lapse of congressional appropriations funding the federal government, including the Department of Justice and the United States Attorney's Office. Absent an appropriation, the United States represents that certain Department of Justice attorneys and employees of the federal government are prohibited from working, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. § 1342. Therefore, the lapse in appropriations requires a reduction in the workforce of the United States Attorney's Office and other federal agencies, particularly with respect to prosecution and defense of civil cases. The Court, in response, and with the intent to avoid any default or prejudice to the United States or other civil litigants occasioned by the lapse in funding, sua sponte enters this General Order. As a result of the cited workforce reductions, it is hereby ORDERED, effective October 1, 2025, that all civil litigation involving as a party the United States of America, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees), and/or any other party represented by the Department of Justice or the United States Attorney's Office is immediately suspended, postponed, and held in abeyance continuing until funding for federal government operations is fully restored. The Court may renew or modify this General Order depending on developments in the stay period. The Court intends "civil litigation" to include all pending non-criminal cases in which the United States, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees) is in any way a named party and any non-criminal cases in which the United States Attorney's Office or the Department of Justice is counsel of record. This includes, without limitation, all pending Social Security cases and all cases seeking monetary or equitable relief in which the United States is involved as a civil litigant. The General Order does not affect habeas corpus cases pending or filed under Chapter 153 of Title 28. This General Order suspends and continues, during the stay, any and all events and deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled proceedings, hearings, and/or discovery and pleading dates. No party will be required to take any steps in civil litigation affected until expiration of the stay. The Court warns litigants that this General Order does not purport to affect rights to, or deadlines concerning, appeal from any decision of this Court, which will continue to operate and issue orders in the normal course. Any litigant affected by this General Order may seek relief from the order by motion. The Court may, in any particular case, vary the effect or operation of this General Order by a separate order. The Court shall distribute this General Order: (a) by electronic service to all registered CM/ECF users; (b) by first-class mail to unregistered civil litigants, including pro se litigants, and to attorneys pending pro hac vice admission; and (c) by posting the General Order on the Court's public website. This General Order does not operate as a stay of any injunction or restraining order entered by any judge of this court. The Court shall clarify the status of case schedules upon expiration of the stay and dependent on the timing of the funding resolution. Signed by the Honorable Virginia M. Kendall on 10/2/2025. Mailed notice.(nh, ) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/15/2025)

#1

Oct 09, 2025

PETITION for writ of habeas corpus filed by Gabriel Espinoza Rivera against All Defendants Filing fee $ 5, receipt number AILNDC-24181884. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Carter, Brandon) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/09/2025)

#2

Oct 09, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody. 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, Thomas.walsh2@usdoj.gov, Craig Oswald, AUSA, United States Attorney's Office, Northern District of Illinois, craig.oswald@usdoj.gov, and Joshua Press, AUSA, United States Attorney's Office, Northern District of Illinois, Joshua.press@usdoj.gov. Emailed notice (cn). [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/09/2025)

#3

Oct 09, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Pam Bondi, Russell Hott, Todd M. Lyons, KRISTI NOEM (Press, Joshua) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/09/2025)

#4

Oct 09, 2025

MINUTE entry before the Executive Committee: Case reassigned to the Honorable April M. Perry for all further proceedings pursuant to Local Rule 28:294(b). Mailed notice. (Attachments: # 1 Request for Reassignment) (bi,) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/10/2025)

Oct 09, 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, ) [Transferred from Illinois Northern on 11/3/2025.]

Oct 09, 2025

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (nh, ) [Transferred from Illinois Northern on 11/3/2025.]

#5

Oct 10, 2025

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Pam Bondi, Russell Hott, Todd M. Lyons, KRISTI NOEM (Oswald, Craig) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/10/2025)

#6

Oct 13, 2025

MINUTE entry before the Honorable April M. Perry: Respondent shall make a preliminary filing by 10/21/2025 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 upon that location; (4) the Government's view as to whether the recent decision in Castanon 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 (including whether Petitioner was arrested with or without a warrant); and (5) whether Petitioner's conditions of confinements claims are properly asserted in the instant habeas corpus action. This case is set for an in person status hearing on 10/23/2025 at 10:00 a.m. in person in Courtroom 1725 to set a briefing schedule on the Petition. Mailed notice. (jcc,) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/13/2025)

#8

Oct 21, 2025

STATUS Report by Pam Bondi, Russell Hott, Todd M. Lyons, Kristi Noem (Oswald, Craig) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/21/2025)

#9

Oct 23, 2025

MINUTE entry before the Honorable April M. Perry: Status hearing held 10/23/2025. The Government has asserted that at the time this petition was filed, Petitioner was in Greene County Jail in Bloomfield, Indiana, which is in the Southern District of Indiana. Petitioner's counsel has requested a short period of time to determine whether there is any basis to challenge this assertion. Petitioner is asked to file a status report by 10/30/2025, indicating whether Petitioner has facts to challenge the Government's claim. The Court informs Petitioner that if he does not have a basis to challenge the claim, the case will be transferred to the Southern District of Indiana. Mailed notice. (jcc,) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/23/2025)

#10

Oct 31, 2025

MINUTE entry before the Honorable April M. Perry: The Government has asserted that at the time this habeas petition was filed, Petitioner was in the Southern District of Indiana. Although Petitioner was asked to provide any evidence to the contrary by 10/30/2025, he has not done so. 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)). Accordingly, pursuant to 28 U.S.C. 1631, the Clerk shall transfer this matter forthwith to the United States District Court for the Southern District of Indiana. Mailed notice. (sxh, ) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 10/31/2025)

#11

Nov 03, 2025

TRANSFERRED to the USDC Southern District of Indiana the electronic record.(jxm, ) [Transferred from Illinois Northern on 11/3/2025.] (Entered: 11/03/2025)

#12

Nov 03, 2025

Case transferred in from District of Illinois Northern; Case Number 1:25-cv-12372. Original file copy of transfer order and docket sheet received. (Entered: 11/03/2025)

#13

Nov 03, 2025

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) (Entered: 11/03/2025)

#14

Nov 04, 2025

ORDER - Mr. Espinoza will have through November 10, 2025, to file an amended petition addressing the current status of his confinement and presenting all claims for relief. If Mr. Espinoza adds new respondents to the action, he will be responsible for serving them. The Court will issue additional orders once the amended petition has been filed. Copy sent to via US Mail per distribution list. Signed by District Judge Matthew P. Brookman on 11/4/2025.(JRB) Modified on 11/4/2025 (JRB). (Entered: 11/04/2025)