District of Kansas • 5:25-cv-03075

Leiva v. Welsh

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Case Information

Filed: April 24, 2025
Assigned to: Toby Crouse
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 08, 2025
Parties: View All Parties →

Docket Entries

#1
Apr 24, 2025
PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR AN ORDER TO SHOW CAUSE filed by Petitioner Jose Madrid Leiva. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (smnd) (Entered: 04/24/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 24, 2025
ORDER TO SHOW CAUSE ENTERED: Respondents are required to show cause by 5:00 p.m. CDT on April 28, 2025, as directed herein. Copies of this Order shall be transmitted to the parties and to the United States Attorney for the District of Kansas. Signed by District Judge John W. Lungstrum on 04/24/25. (smnd) (Entered: 04/24/2025)
Main Document: Show Cause
#3
Apr 24, 2025
MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Toby Crouse for all further proceedings. District Judge John W. Lungstrum no longer assigned to case. Entered by Deputy Clerk on 04/24/25. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd) (Entered: 04/24/2025)
Apr 24, 2025
Filing Fee Paid
Apr 24, 2025
HABEAS FILING FEE PAID: in the amount of $5.00, receipt number 500002319. (nac)
Apr 24, 2025
Reassigning Case - Minute
#4
Apr 28, 2025
ENTRY OF APPEARANCE by William M. Sharma-Crawford on behalf of Jose Madrid Leiva. (Sharma-Crawford, William) (Entered: 04/28/2025)
Main Document: Entry of Appearance
#5
Apr 28, 2025
ENTRY OF APPEARANCE by Christopher Allman on behalf of Kristi Noem, Erik Teschner, Jacob Welsh (Allman, Christopher) (Entered: 04/28/2025)
Main Document: Entry of Appearance
#6
Apr 28, 2025
RESPONSE re 2 Order to Show Cause, by Respondents Erik Teschner, Jacob Welsh, Kristi Noem (Attachments: # 1 Exhibit A)(Allman, Christopher) (Entered: 04/28/2025)
Main Document: Response to Order to Show Cause
#7
Apr 29, 2025
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Status Conference set for 4/30/2025 at 04:30 PM in Topeka Courtroom 401 (TC) before District Judge Toby Crouse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ta) (Entered: 04/29/2025)
#8
Apr 29, 2025
CLARIFICATION REGARDING NOTICE OF HEARING, Doc. 7. Petitioner seeks release from custody under 28 U.S.C. § 2241, as well as an order enjoining his removal from the District of Kansas while his petition remains pending. Doc. 1. The Government was directed to file an expedited response to state the basis for Petitioner's detention, its position on Petitioner's removability, and to show cause why the Government should not be enjoined from transferring Petitioner outside of the District of Kansas pending resolution of the case. Doc. 2. In light of the Government's response opposing both of Petitioner's requests, Doc. 6, counsel for both Petitioner and Respondents shall personally attend a status conference on Wednesday, April 30, at 4:30 PM in Topeka Courtroom 401 to discuss how this case will move forward. Counsel are directed to confer in advance of the status conference in an effort to identify the best path forward in light of the parties' respective positions, whether there is a need for an evidentiary hearing, and the legal bases for the parties' respective actions or requests. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 04/29/2025)
Apr 29, 2025
Notice of Hearing
#9
Apr 30, 2025
MINUTE ENTRY for proceedings held before District Judge Toby Crouse: STATUS CONFERENCE held on 4/30/2025. Briefing Deadline set for 5/12/2025. Response deadline 5/27/2025. Reply deadline 6/3/2025. (Court Reporter Kelli Stewart.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 05/01/2025)
Main Document: Status Conference AND ~Util - Set/Reset Briefing Deadlines
#10
May 01, 2025
ENTRY OF APPEARANCE by Audrey D. Koehler on behalf of Kristi Noem, Erik Teschner, Jacob Welsh. (Koehler, Audrey) (Entered: 05/01/2025)
Main Document: Entry of Appearance
#11
May 05, 2025
NOTICE of Telephone Conference: THIS IS AN OFFICIAL NOTICE FOR THIS TELEPHONE CONFERENCE. Telephone Conference set for 5/5/2025 at 12:30 PM by Telephone. Counsel is directed to call into conference line: 785-337-8299 ACCESS CODE 890 312 185. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 05/05/2025)
#12
May 05, 2025
MINUTE ENTRY for proceedings held before District Judge Toby Crouse: TELEPHONE CONFERENCE held on 5/5/2025. (Court Reporter Kelli Stewart.) (ta) (Entered: 05/05/2025)
Main Document: Telephone Conference
May 05, 2025
Notice of Hearing
#13
May 07, 2025
Joint MOTION for extension of time to File Briefs by Petitioner Jose Madrid Leiva (Sharma-Crawford, Rekha) (Entered: 05/07/2025)
Main Document: Extension of Time
#14
May 08, 2025
ORDER granting 13 Joint Motion for Extension of Time to File Briefs. The parties jointly move to amend the prior agreed briefing schedule to address a variety of considerations. That request is granted: Petitioner's opening brief is due June 20, 2025, Respondent's response brief is due July 20, 2025, and Petitioner's reply brief, if any, is due August 20, 2025. Signed by District Judge Toby Crouse on 5/8/25. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 05/08/2025)
May 08, 2025
Order on Motion for Extension of Time
#15
May 22, 2025
Joint MOTION to Modify Briefing Schedule by Respondents Kristi Noem, Erik Teschner, Jacob Welsh (Koehler, Audrey) (Entered: 05/22/2025)
Main Document: Modify
#16
May 29, 2025
ORDER granting 15 Motion to Modify Schedule. Petitioner's Amended Petition will be due on or before June 20, 2025. Respondents' return and/or responsive pleading will be due on or before July 21, 2025. Petitioner's traverse and/or response to Respondents' responsive pleading will be due on or before August 20, 2025. Respondents' reply will be due 14 days after Petitioner's response is served pursuant to D. Kan. R. 6.1(d)(2). Signed by District Judge Toby Crouse on 5/29/25. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) (Entered: 05/29/2025)
May 29, 2025
Order on Motion to Modify
#17
Jun 20, 2025
Amended Complaint
Main Document: Amended Complaint
#18
Jul 08, 2025
Exhibits
Main Document: Exhibits