District of Oregon • 6:25-cv-02146

#1

Nov 19, 2025

First Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: BORDC-10068681. Filed by Alvaro Esnel Guzman Guzman against Kristi Noem, Jason Weiss, Drew Bostock, Todd Lyons, Pamela Bondi (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Affidavit from attorney). (Hecht, Raquel) (Entered: 11/19/2025)

#2

Nov 19, 2025

Notice of Case Assignment: This case is assigned to Magistrate Judge Amy E. Potter. (jk) (Entered: 11/19/2025)

#3

Nov 19, 2025

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Amy E. Potter to Judge Michael J. McShane. (jk) (Entered: 11/19/2025)

#4

Nov 19, 2025

First Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by Alvaro Esnel Guzman Guzman. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Birth Certificate of Petitioner's US citizen spouse, # 3 Exhibit Petitioner's Marriage Certificate, # 4 Exhibit Affidavit of Petitioner's US citizen spouse) (Hecht, Raquel) (Entered: 11/19/2025)

#5

Nov 19, 2025

SCHEDULING ORDER regarding First Motion for Temporary Restraining Order 4 and Petition for Writ of Habeas Corpus 2241, 1 . 1. The Clerk of the Court must serve a copy of the Petition and this Order upon Respondents through the United States Attorney for the District of Oregon, Scott E. Bradford (scott.bradford@usdoj.gov). 2.Within three days of service of the Petition on Respondents, Respondents are ORDERED to show cause why the writ should not be granted. 3. A hearing is set for November 21, 2025 at 11:00 AM by video conference to discuss whether good cause exists to adopt a different briefing schedule, to set a hearing date, and to address any requests for interim relief.4. Although a United States District Court generally lacks subject-matter jurisdiction to review orders of removal, see 8 U.S.C § 1252(a)(1), (g), it does generally have jurisdiction over habeas petitions. See 28 U.S.C § 2241(a); see also Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., Art. I, § 9, cl. 2 and stating that "absent suspension, the writ of habeas corpus remains available to every individual detained within the United States"). Moreover, a federal court always has jurisdiction to determine its own jurisdiction," including its own subject-matter jurisdiction. Brownback v. King, 592 U.S. 209, 21819 (2021) (quoting United States v. Ruiz, 536 U.S. 622, 628 (2002)). To give this Court the opportunity to determine whether it has subject-matter jurisdiction, and if so to consider the validity of the habeas petition, a court may order the respondent to preserve the status quo. See United Mine Workers of Am., 330 U.S. 258, 293 (1947) ("[T]he District Court ha[s] the power to preserve existing conditions while it... determine[s] its own authority to grant injunctive relief," unless the assertion of jurisdiction is frivolous.). Such an order remains valid unless and until it is overturned, even when the issuing court lacks subject-matter jurisdiction to determine the underlying action's merits. See id. at 29495. This principle applies with even greater force where the action the court enjoins would otherwise destroy its jurisdiction or moot the case. United States v. Shipp, 203 U.S. 563, 573 (1906). 5. Unless otherwise ordered by this Court, Respondents are ORDERED not to move Petitioner outside of the District of Oregon without first providing advance notice of the intended move. Such notice must be filed in writing and on the docket in this proceeding and must state the reason that Respondents believe that such a move is necessary and should not be stayed pending further court proceedings. Once that notice has been filed, Petitioner shall not be moved out of the District of Oregon for a period of at least 48 hours from the time of the docketing. If the 48-hour period would end on a weekend or legal holiday, the period continues to run until the same time on the next day that is not a weekend or legal holiday. Fed. R. Civ. P. 6(a)(2)(C). This period may be shortened or extended as appropriate by further Court order. 6. If Respondents have already moved Petitioner outside of this District, Respondents are ORDERED to notify the Court by 8:00am on November 20, 2025. Such notice must be filed in writing and on the docket in this proceeding. Respondents are further ORDERED to state in any such notice the exact date and time that Petitioner left the District of Oregon and the reason why Respondents believed that such a move was immediately necessary. 7. If Respondents have already moved Petitioner outside of this District, Respondents are ORDERED not to further move Petitioner from Petitioner's current location without first providing advance notice of the intended move. Such notice must be filed in writing and on the docket in this proceeding and must state the reason that Respondents believe that such a move is necessary and should not be stayed pending further court proceedings. Once that notice has been filed, Petitioner shall not be moved for a period of at least 48 hours from the time of the docketing. If the 48-hour period would end on a weekend or legal holiday, the period continues to run until the same time on the next day that is not a weekend or legal holiday. Fed. R. Civ. P. 6(a)(2)(C). This period may be shortened or extended as appropriate by further Court order. 8.Lastly, to expedite Respondents' ability to file a Response to the Petition, Petitioner is ORDERED to share his "Alien Registration Number" (if known) with Respondents within 24 hours of the filing of this Order. Hearing is set for 11/21/2025 at 11:00AM in Eugene by video conference before Judge Michael J. McShane. Signed on 11/19/2025 by Judge Michael J. McShane. (cp) (Entered: 11/19/2025)

#6

Nov 20, 2025

Notice