Northern District of Illinois • 1:25-cv-13583

#1

Nov 05, 2025

PETITION for writ of habeas corpus filed by Miguel Alejandro Bernal Ayon against All Defendants Filing fee $ 5, receipt number AILNDC-24308406. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Attorney Appearance)(Espinoza, Carla) (Entered: 11/05/2025)

#2

Nov 05, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Respondents shall make a preliminary filing in accordance with the accompanying order by November 7, 2025. This case is set for a telephonic status hearing on November 7, 2025, at 10:30 A.M. Respondents are ordered to respond to the habeas corpus petition 1 by November 12, 2025. Petitioner shall reply by November 19, 2025. See the order for further instructions.Mailed notice (mjc, ) (Entered: 11/05/2025)

#3

Nov 05, 2025

ORDER: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in U.S. Immigration and Customs Enforcement ("ICE") custody. Respondents are ordered to respond to the habeas corpus petition by November 12, 2025. Petitioner shall reply by November 19, 2025.The Court notes that habeas corpus relief has been recently granted to immigration detainees by other Judges of the Northern District of Illinois in Ochoa Ochoa v. Noem, 2025 WL 2938779 (N.D. Ill. Oct. 16, 2025) (Jenkins, J.); H.G.V.U. v. Smith, 2025 WL 2962610 (N.D. Ill. Oct. 20, 2020) (Coleman, J.); Mariano Miguel v. Noem, No. 25 C 11137, slip op. at 13 (N.D. Ill. Oct. 21, 2025) (Alonso, J.); and G.Z.T. v. Smith, No. 25 C 12802, slip op. at 4 (N.D. Ill. Oct. 21, 2025) (Ellis, J.). The Court leaves it to the parties to consider the relevance, if any, of these decisions to the instant case.In addition, Respondents shall make a preliminary filing by November 7, 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. Department of Homeland Security, 2025 WL 2842146 (N.D. Ill. Oct. 7, 2025) (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 Petitioner 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 entry 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 Respondents intend 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 a telephonic status hearing on November 7, 2025, at 10:30 A.M. The call-in information is 1-650-479-3207 and access code: 2301 528 7233. Signed by the Honorable Joan B. Gottschall on 11/5/2025.Mailed notice(mjc, ) (Entered: 11/05/2025)

Nov 05, 2025

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (nh, )

Nov 05, 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 05, 2025

EMAILED a copy of the minute order and order dated 11/5/2025 to Tom Walsh, Craig Oswald and Joshua Press. (mjc, )

#4

Nov 06, 2025

Order

#5

Nov 07, 2025

DESIGNATION of Nicole Flores as U.S. Attorney for Respondents Pamela Bondi, Kristi Noem, Samuel Olson (Flores, Nicole) (Entered: 11/07/2025)

#6

Nov 07, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Telephonic initial hearing held. The parties are to file a status report, jointly or separately, on or before November 10, 2025, at noon. The parties will endeavor to brief this matter promptly. Mailed notice (mjc, ) (Entered: 11/07/2025)

#7

Nov 07, 2025

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Pamela Bondi, Kristi Noem, Samuel Olson (Oswald, Craig) (Entered: 11/07/2025)

#8

Nov 07, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Pamela Bondi, Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 11/07/2025)

#9

Nov 07, 2025

STATUS Report by Pamela Bondi, Kristi Noem, Samuel Olson (Oswald, Craig) (Entered: 11/07/2025)

#10

Nov 10, 2025

STATUS Report by Pamela Bondi, Kristi Noem, Samuel Olson (Flores, Nicole) (Entered: 11/10/2025)

#11

Nov 10, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Instead of filing a response to the merits of the petition as scheduled, AUSA Flores filed a status report, indicating that, while she had requested petitioner's transfer from Texas to a location in the Seventh Circuit, she had not yet received confirmation of the transfer. In view of this status report, the government is ordered to file another status report by 11 am on November 12, 2025, updating this information. This case is set for a telephonic status hearing at noon on Wednesday, November 12. The call-in information is 1-650-479-3207 and access code: 2301 528 7233.Mailed notice (mjc, ) (Entered: 11/10/2025)

#12

Nov 10, 2025

RESPONSE by Respondents Pamela Bondi, Kristi Noem, Samuel Olson to petition for writ of habeas corpus, 1 (Attachments: # 1 Exhibit)(Flores, Nicole) (Entered: 11/10/2025)

#13

Nov 11, 2025

Order AND Order on Motion for Petition for Writ of Habeas Corpus AND ~Util - Set Deadlines

#14

Nov 12, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Telephonic status hearing held. The government will verify whether petitioner Miguel Alejandro Bernal Ayon is currently in custody in Dodge County, Wisconsin. Mailed notice (mjc, ) (Entered: 11/12/2025)

#15

Nov 12, 2025

AMENDED ORDER: Given that petitioner is now being held in custody in Dodge County, Wisconsin, the respondent in the Order issued on November 11, 2025 is changed to "DALE J. SCHMIDT, Dodge County Sheriff." See Kholyavskiy v. Achim, 443 F.3d 946, 953 (7th Cir. 2006). Signed by the Honorable Joan B. Gottschall on 11/12/2025.Mailed notice(mjc, ) (Entered: 11/12/2025)

#16

Nov 14, 2025

STATUS Report (Joint) by Miguel Alejandro Bernal Ayon, Pamela Bondi, Kristi Noem, Samuel Olson (Espinoza, Carla) (Entered: 11/14/2025)

#17

Nov 14, 2025

MINUTE entry before the Honorable Joan B. Gottschall: The parties report 16 that petitioner was released, without a bond hearing, from custody on November 13, 2025. All outstanding deadlines are stricken. Enter judgment. Civil case terminated. Mailed notice (mjc, ) (Entered: 11/14/2025)

#18

Nov 14, 2025

Judgment - AO450