Northern District of Illinois • 1:25-cv-13672

#1

Nov 07, 2025

PETITION for writ of habeas corpus filed by Samuel Fonseca Martinez against Kristi Noem, Samuel Olson Filing fee $ 5, receipt number AILNDC-24318041. (Cobb, Erin) (Entered: 11/07/2025)

#2

Nov 07, 2025

CIVIL Cover Sheet (Cobb, Erin) (Entered: 11/07/2025)

#3

Nov 07, 2025

ATTORNEY Appearance for Petitioner Samuel Fonseca Martinez by Erin Christine Cobb (Cobb, Erin) (Entered: 11/07/2025)

#4

Nov 07, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Respondents shall make a preliminary filing in accordance with the accompanying order by November 10, 2025. This case is set for a telephonic status hearing on November 10, 2025, at 1:00 PM. Respondents are ordered to respond to the habeas corpus petition 1 by November 14, 2025. Petitioner shall reply by November 21, 2025. See the order for further instructions. Mailed notice (mjc, ) (Entered: 11/07/2025)

#5

Nov 07, 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 14, 2025. Petitioner shall reply by November 21, 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 10, 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 10, 2025, at 1:00 PM. The call-in information is 1-650-479-3207 and access code: 2301 528 7233. This order is entered at 11:55 AM on November 7, 2025. Signed by the Honorable Joan B. Gottschall on 11/7/2025. Mailed notice(mjc, ) (Entered: 11/07/2025)

Nov 07, 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, )

Nov 07, 2025

MAILED a copy of the minute order and order dated 11/7/2025 to Tom Walsh, Craig Oswald and Joshua Press. (mjc, )

Nov 07, 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, )

#6

Nov 10, 2025

Order

#7

Nov 10, 2025

DESIGNATION of Paraisia R Winston as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Winston, Paraisia) (Entered: 11/10/2025)

#8

Nov 10, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Telephonic status held. A dispute arose over where petitioner was located at the time of the filing of the petition, with petitioner's counsel, Ms. Cobb, asserting, based on information from petitioner's family members, that petitioner was in Broadview, in the Northern District of Illinois, and the AUSA, Ms. Winston, asserting that she had received information that at the time of the filing of the petition, petitioner was in Michigan. Ms. Winston promised to provide this jurisdictional information as soon as she is satisfied that her information is reliable. Assuming the court's jurisdiction, Ms. Winston will attempt to respond to the merits of the petition on Thursday, November 13, 2025. Mailed notice (mjc, ) (Entered: 11/10/2025)

#9

Nov 10, 2025

STATUS Report by Kristi Noem, Samuel Olson (Winston, Paraisia) (Entered: 11/10/2025)

#10

Nov 12, 2025

MINUTE entry before the Honorable Joan B. Gottschall: A telephonic status hearing is set for Friday, November 14, 2025, at 12:00 PM. The call-in number is 1-650-479-3207 access code: 2301 528 7233. Mailed notice (mjc, ) (Entered: 11/12/2025)

#11

Nov 13, 2025

RESPONSE by Respondents Kristi Noem, Samuel Olson to petition for writ of habeas corpus 1 (Attachments: # 1 Exhibit)(Winston, Paraisia) (Entered: 11/13/2025)

#12

Nov 13, 2025

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

#13

Nov 14, 2025

Order

#20

Nov 19, 2025

Judgment - AO450