Northern District of Illinois • 1:26-cv-05381
SM v. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity
Active
Case Information
Filed: May 08, 2026
Assigned to:
Thomas Michael Durkin
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 30, 2026
Parties:
View All Parties →
Docket Entries
#1
May 08, 2026
PETITION for writ of habeas corpus filed by A SM against All Defendants Filing fee $ 5, receipt number AILNDC-25095117. (Attachments: # 1 Exhibit Order of Release on Recognizance, # 2 Exhibit Notice of Custody Determination, # 3 Exhibit Notice to Appear, # 4 Exhibit Filed I-589, # 5 Exhibit Psychiatrist Letter, # 6 Civil Cover Sheet Civil Cover Sheet)(Estrada, Carlos) (Entered: 05/08/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 08, 2026
MOTION by Plaintiff A SM for temporary restraining order (Attachments: # 1 Exhibit Memo in support of TRO)(Estrada, Carlos) (Entered: 05/08/2026)
Main Document:
Temporary Restraining Order
#3
May 08, 2026
MOTION by Plaintiff A SM to seal case (proceed under psedudonym) (Attachments: # 1 Text of Proposed Order)(Estrada, Carlos) (Entered: 05/08/2026)
Main Document:
Seal Case
May 08, 2026
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. (ee, )
May 08, 2026
CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (ee, )
#4
May 09, 2026
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Markwayne Mullin, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Press, Joshua) (Entered: 05/09/2026)
Main Document:
DESIGNATION
#5
May 11, 2026
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Markwayne Mullin, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Oswald, Craig) (Entered: 05/11/2026)
Main Document:
DESIGNATION
#6
May 11, 2026
DESIGNATION of Temilade Oduala as U.S. Attorney for Defendants Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Markwayne Mullin, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Oduala, Temilade) (Entered: 05/11/2026)
Main Document:
DESIGNATION
#7
May 11, 2026
DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Defendants Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Markwayne Mullin, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Gilpin, Geoffrey) (Entered: 05/11/2026)
Main Document:
DESIGNATION
#8
May 11, 2026
MINUTE entry before the Honorable John F. Kness: This order is entered in my capacity as Emergency Judge. Petitioner's motion for a temporary restraining order 2 is set for an in-person hearing on 5/12/2026 at 10:00 A.M. in Courtroom 2125. Mailed notice. (exr, ) (Entered: 05/11/2026)
Main Document:
MINUTE
#9
May 11, 2026
MINUTE entry before the Honorable John F. Kness: The parties shall be prepared to address at the TRO hearing whether Petitioner is subject to mandatory detention under 8 U.S.C. 1226(c)(1)(B), which applies to those aliens who have committed an aggravated felony subjecting them to removal under 8 U.S.C. 1227(a)(2)(A)(iii). A conviction for indecent solicitation of a child under Illinois law qualifies under 8 U.S.C. 1227(a)(2)(A)(iii), see Hernandez-Alvarez v. Gonzales, 432 F.3d 763 (7th Cir. 2005), and so would appear to be covered under 1226(c)(1)(B) via the cross reference. In addition, detention under 8 U.S.C. 1226(c) does not raise due process concerns. Demore v. Kim, 538 U.S. 510 (2003); Gonzalez v. O'Connell, 355 F.3d 1010, 1019-21 (7th Cir. 2004). Petitioner concedes she was convicted of indecent solicitation of a child (as well failing to register as a sex offender and attempted possession of a controlled substance). (Dkt. 1, pp. 4-5.) Mailed notice. (exr, ) (Entered: 05/11/2026)
Main Document:
MINUTE
#10
May 11, 2026
ATTORNEY Appearance for Plaintiff A SM by Keren Hart Zwick (Zwick, Keren) (Entered: 05/11/2026)
Main Document:
ATTORNEY
#11
May 12, 2026
MINUTE entry before the Honorable John F. Kness: Emergency motion held in my capacity as Emergency Judge on Petitioner's emergency motion for temporary restraining order 2 . Without opposition from the Government, the Government is ordered not to remove Petitioner from the jurisdiction of the United States and not to transfer her to any federal judicial district other than those in the States of Illinois, Indiana, or Wisconsin. Respondent is ordered to respond to the motion for temporary restraining order on or before 5/19/2026. Petitioner shall reply on or before 5/26/2026. The Court retains jurisdiction in this matter pending resolution of the habeas petition. Mailed notice. (exr, ) (Entered: 05/12/2026)
Main Document:
MINUTE
#12
May 19, 2026
RESPONSE by Defendants Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Markwayne Mullin, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director response to habeas (Attachments: # 1 Exhibit conviction records, # 2 Exhibit NTA, # 3 Exhibit I-213 encounter record, # 4 Exhibit OREC agreement, # 5 Exhibit OREC violations, # 6 Exhibit Revocation letter)(Gilpin, Geoffrey) (Entered: 05/19/2026)
Main Document:
RESPONSE
#13
May 20, 2026
Amend/Correct
Main Document:
Amend/Correct
#14
May 21, 2026
STATUS Report Joint Status Report regarding Motion to Amend by Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Markwayne Mullin, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Gilpin, Geoffrey) (Entered: 05/21/2026)
Main Document:
STATUS
#15
May 21, 2026
Order AND Order on Motion to Amend/Correct
#16
May 26, 2026
REPLY by Plaintiff A SM to Response, 12 (Attachments: # 1 Exhibit OREC Violations Declaration)(Estrada, Carlos) (Entered: 05/26/2026)
Main Document:
REPLY
#17
May 29, 2026
MINUTE entry before the Honorable Thomas M. Durkin: Petitioner's reply clarifies that she makes an as-applied due process challenge to her detention under § 1226(c). Respondents' response appears to address a facial rather than an as-applied challenge. As such, by 6/5/2026, Respondents are to file a surreply addressing the merit of Petitioner's as-applied due process claim to her detention under § 1226(c). Mailed notice. (ecw, ) (Entered: 05/29/2026)
Main Document:
MINUTE
#18
Jun 02, 2026
Amend/Correct
Main Document:
Amend/Correct
#19
Jun 02, 2026
Order on Motion to Amend/Correct
Main Document:
Order on Motion to Amend/Correct
#20
Jun 02, 2026
Order
Main Document:
Order
#21
Jun 05, 2026
SUR-REPLY by Defendants Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Markwayne Mullin, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director Respondents Sur-Reply Re: As Applied Argument (Gilpin, Geoffrey) (Entered: 06/05/2026)
Main Document:
SUR-REPLY
#22
Jun 08, 2026
Leave to File Document
Main Document:
Leave to File Document
#23
Jun 08, 2026
Order on Motion for Leave to File
Main Document:
Order on Motion for Leave to File
#24
Jun 12, 2026
REPLY by Plaintiff A SM to sur-reply, 21 (Estrada, Carlos) (Entered: 06/12/2026)
Main Document:
REPLY
#25
Jun 18, 2026
MINUTE entry before the Honorable Thomas M. Durkin: In-court oral argument is set for 6/25/2026 at 2:00 p.m. in courtroom 1441. Mailed notice. (ecw, ) (Entered: 06/18/2026)
Main Document:
MINUTE
#26
Jun 18, 2026
Continue
Main Document:
Continue
#27
Jun 18, 2026
Order on Motion to Continue
Main Document:
Order on Motion to Continue
#28
Jun 29, 2026
NOTICE by Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Markwayne Mullin, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director Notice of Supplemental Authority (Attachments: # 1 Supplement Zapata Mejia 26 6507)(Gilpin, Geoffrey) (Entered: 06/29/2026)
Main Document:
NOTICE
#29
Jun 30, 2026
MINUTE entry before the Honorable Thomas M. Durkin: Oral argument held on 6/30/2026. Mailed notice. (ecw, ) (Entered: 06/30/2026)
Main Document:
MINUTE
Parties
Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity
Party
SM
Party