Northern District of Illinois • 1:25-cv-14141
Suarez Hernandez v. Noem, Secretary, U.S. Department of Homeland Security
Active
Case Information
Filed: November 19, 2025
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:
November 19, 2025
Parties:
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Docket Entries
#1
Nov 19, 2025
PETITION for writ of habeas corpus filed by Jose Daniel Suarez Hernandez against All Defendants Filing fee $ 5, receipt number AILNDC-24371411. (Camilo, Elizabeth) (Entered: 11/19/2025)
Main Document:
Petition for Writ of Habeas Corpus
#2
Nov 19, 2025
ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee. (nh, ) (Entered: 11/19/2025)
#3
Nov 19, 2025
CIVIL Cover Sheet (Camilo, Elizabeth) (Entered: 11/19/2025)
Main Document:
CIVIL
#4
Nov 19, 2025
ATTORNEY Appearance for Plaintiff Jose Daniel Suarez Hernandez by Elizabeth Camilo (Camilo, Elizabeth) (Entered: 11/19/2025)
Main Document:
ATTORNEY
#5
Nov 19, 2025
MINUTE entry before the Honorable Thomas M. Durkin: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody. Respondents shall make a preliminary filing by 11/20/2025 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 Castanon Nava v. DHS, No. 18 C 3757, Dkt. 214 (N.D. Ill) (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 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 Respondents intend to hold Petitioner within the United States. Instead, the parties and the Court will address the issue after the Respondents make 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 11/21/2025 at 8:45 a.m. to discuss next steps, in particular the Respondents' view on the relevance of recent decisions granting habeas corpus relief to immigration detainees in this District. See, e.g., Espino Morales v. Olson et al., No. 25-cv-12858, Dkt. No. 11 (Durkin, J.) (citing cases). To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, ) (Entered: 11/19/2025)
Main Document:
MINUTE
#6
Nov 19, 2025
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Pamela Bondi, S. Attorney General, Kristi Noem, Secretary, U.S. Department of Homeland Security, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Oswald, Craig) (Entered: 11/19/2025)
Main Document:
DESIGNATION
#7
Nov 19, 2025
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Pamela Bondi, S. Attorney General, Kristi Noem, Secretary, U.S. Department of Homeland Security, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Press, Joshua) (Entered: 11/19/2025)
Main Document:
DESIGNATION
Nov 19, 2025
EMAILED a copy of order 5 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. (ecw, )
Nov 19, 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 19, 2025
CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Albert Berry, III. Case assignment: Random assignment. (Civil Category 2). (nh, )
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