District of Oregon • 3:25-cv-02154

#1

Nov 20, 2025

Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-10070790. Filed by B. R.F. against Pamela Bondi, Laura Hermosillo, Todd Lyons, Kristi Noem (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit I-130 Approval Notice, # 3 Exhibit I-601A Approval Notice, # 4 Exhibit Immigrant Visa Interview). (Nelson, Nicole) (Entered: 11/20/2025)

#2

Nov 20, 2025

Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by B. R.F.. (Attachments: # 1 Exhibit I-130 Approval Notice, # 2 Exhibit I-601A Approval Notice, # 3 Exhibit Immigrant Visa Appointment Notice) (Nelson, Nicole) (Entered: 11/20/2025)

#3

Nov 20, 2025

Notice of Case Assignment: This case is assigned to Judge Adrienne Nelson. (rks) (Entered: 11/20/2025)

#4

Nov 20, 2025

SCHEDULING ORDER regarding Motion for Temporary Restraining Order 2 . Status Conference is set for 11/20/2025 at 02:30PM in Portland by telephone before Judge Adrienne Nelson. Ordered by Judge Adrienne Nelson. (joha) (Entered: 11/20/2025)

#5

Nov 20, 2025

MINUTES of Proceedings: Telephone status conference held on November 20, 2025. Based on respondents' oral representations during the telephone status conference that petitioner has not been removed from the District of Oregon, the Court finds that, based on the best information it has at this time, it has subject matter jurisdiction over petitioner's habeas petition, which was filed at 1:19 PM on November 20, 2025. As stated on the record, respondents are required to inform the Court of the legal basis of petitioner's detention by 4:30 PM on November 20, 2025. Also as stated on the record, respondents are ordered not to transport petitioner out of the District of Oregon unless otherwise ordered by this Court. Nicole Hope Nelson and Philip James Smith Present as Counsel for Petitioner. Susanne Luse Present as Counsel for Respondents. Court Reporter: Dennis Apodaca. Judge Adrienne Nelson presiding. (joha) (Entered: 11/20/2025)

#6

Nov 20, 2025

ORDER: The Court is in receipt of the government's email dated November 20, 2025, and, based on the contents therein, a telephone status conference is hereby scheduled for 10:00 AM on November 21, 2025, to set a briefing schedule. 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 on the docket, the 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. Ordered by Judge Adrienne Nelson. (joha) (Entered: 11/20/2025)

Nov 20, 2025

Status Conference

Nov 20, 2025

1 - Scheduling

#7

Nov 21, 2025

MINUTES of Proceedings: Telephone status conference held on November 21, 2025. Based on the representations of the parties during the telephone status conference, the Court hereby ORDERS that respondents shall not re-detain petitioner pending the Court's ruling on petitioner's Petition for Writ of Habeas Corpus (the "habeas petition"), ECF 1 . Based on petitioner's release and the Court's order that he not be re-detained pending ruling on the habeas petition, petitioner's Motion for Temporary Restraining Order, ECF 2, is DENIED as moot. As stated on the record, the following briefing schedule is set as to the habeas petition: Respondents' deadline to respond to the habeas petition is 12:00 PM on November 26, 2025. Petitioner's deadline to indicate to the Court whether petitioner intends to file a reply is 12:00 PM on December 1, 2025. Respondents are further ordered to inform the Court of the basis for petitioner's detention promptly, and no later than 12:00 PM on November 26, 2025. Nicole Hope Nelson and Philip James Smith present as counsel for petitioner. Susanne Luse present as counsel for respondents. Court Reporter: Dennis Apodaca. Judge Adrienne Nelson presiding. (joha) (Entered: 11/21/2025)

Nov 21, 2025

Order on Motion for Temporary Restraining Order AND Status Conference

#8

Nov 26, 2025

Response to 1 Petition for Writ of Habeas Corpus 2241, . Filed by Pamela Bondi, Laura Hermosillo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Petitioners brief is due by 1/26/2026. Habeas Petition is taken under advisement as of 2/9/2026. (Luse, Susanne) (Entered: 11/26/2025)

#9

Nov 26, 2025

Declaration of Anthony Jackson . Filed by Pamela Bondi, Laura Hermosillo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Luse, Susanne) (Entered: 11/26/2025)

#10

Dec 03, 2025

Reply to Return to Petition for Writ of Habeas Corpus. Filed by B. R.F.. (Nelson, Nicole) (Entered: 12/03/2025)

#11

Jan 12, 2026

OPINION and ORDER - For the reasons stated herein, petitioner's Petition for Writ of Habeas Corpus, ECF 1, is GRANTED. In fashioning a habeas writ, "a court has broad discretion in conditioning a judgment granting habeas relief" and in "dispos[ing] of habeas corpus matters 'as law and justice require.'" Hilton v. Braunskill, 481 U.S. 770, 775 (1987) (quoting 28 U.S.C. § 2243). Here, the Court finds that law and justice require, pursuant to Section 1226(a), an individualized finding of dangerousness or flight risk by an Immigration Judge if petitioner is to be detained. See Prieto-Romero v. Clark, 534 F.3d 1053, 1059, 1065 (9th Cir. 2008). For these reasons, and because respondents offer no authority for detaining petitioner other than Section 1225, which does not apply to petitioner, the Court ORDERS that respondents are PERMANENTLY ENJOINED from arresting or detaining petitioner pursuant to 8 U.S.C. § 1225. If, at any time, respondents arrest or detain petitioner pursuant to 8 U.S.C. § 1226(a), the Court ORDERS that petitioner be provided reasonable notice and a hearing. Signed on 1/12/2026 by Judge Adrienne Nelson. (mja) (Entered: 01/12/2026)

#12

Feb 26, 2026

Application for Fees Pursuant to EAJA . Filed by B. R.F.. (Attachments: # 1 Exhibit Petitioner's Declaration of Net Worth, # 2 Exhibit Attorney Declaration) (Nelson, Nicole) (Entered: 02/26/2026)

#13

Mar 12, 2026

Motion for Extension of Time to File a Response/Reply to Application for Fees Pursuant to EAJA 12 . Filed by Pamela Bondi, Laura Hermosillo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Luse, Susanne) (Entered: 03/12/2026)

#14

Mar 12, 2026

ORDER: Granting Motion for Extension of Time to File Response to Application for Fees Pursuant to EAJA 13 . Response is due by 3/26/2026. Ordered by Judge Adrienne Nelson. (joha) (Entered: 03/12/2026)

Mar 12, 2026

Order on Motion for Extension of Time to File Response/Reply to Motion

#15

Mar 26, 2026

Response to Application for Fees Pursuant to EAJA 12 . Filed by Pamela Bondi, Laura Hermosillo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Luse, Susanne) (Entered: 03/26/2026)

#16

Apr 06, 2026

Reply to Respondents' Opposition to Application for Fees Pursuant to EAJA 12 . Filed by B. R.F.. (Attachments: # 1 Exhibit Green Card, # 2 Exhibit Time Sheet) (Nelson, Nicole) (Entered: 04/06/2026)

#17

Apr 22, 2026

Notice of Attorney Substitution: Sean E. Martin is substituted as counsel of record in place of Attorney Susanne Luse . Filed by on behalf of Pamela Bondi, Laura Hermosillo, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Martin, Sean) (Entered: 04/22/2026)

#18

May 14, 2026

ORDER: Staying Application for Fees Pursuant to EAJA, ECF 12 . Respondents have suggested that this Court should stay its decision on petitioner's fees application pending resolution of Rodriguez Vasquez v. Bostock, 25-6842 and Maldonado Bautista v. Dept. Homeland Sec., 26-1044, both of which are currently before the Ninth Circuit. See Resp'ts Resp., ECF 15, at 2-3 & n.1. Petitioner did not respond to this suggestion in his reply brief. See generally Pet'r Reply, ECF 16 . It appears that the Ninth Circuit's decision in those cases may impact the Court's reasoning on petitioner's fees application. And it does not appear that a stay would significantly prejudice either party. Accordingly, the Court finds that it is in the interest of justice to hold petitioner's fee application in abeyance and stay the case pending resolution of Rodriguez Vasquez and Maldonado Bautista. The parties are ORDERED to file a joint status report every sixty (60) days, or within fourteen (14) days of the Ninth Circuit issuing a decision in either case, whichever is sooner. Ordered by Judge Adrienne Nelson. (eo) (Entered: 05/14/2026)

May 14, 2026

Order

Jun 02, 2026

Order on Application for EAJA Fees

#20

Jul 13, 2026

Joint Status Report

#21

Aug 10, 2026

Joint Status Report