District of Maryland • 1:25-cv-01768

#1

Jun 03, 2025

PETITION for Writ of Habeas Corpus, filed by Jose Cruz-Medina. (Attachments: # 1 Exhibit Ex. A (Immigration Judge order), # 2 Exhibit Ex. B (EOIR Automated Case Information), # 3 Exhibit Ex. C (ICE Detainee Locator screenshot), # 4 Civil Cover Sheet)(Sandoval-Moshenberg, Simon) (Entered: 06/03/2025)

#2

Jun 03, 2025

AMENDED STANDING ORDER 2025-01. Signed by Chief Judge George Levi Russell, III on 5/28/2025. (c/em to USAO - jf3s, Deputy Clerk) (Entered: 06/03/2025)

#3

Jun 03, 2025

PAPERLESS ORDER: The Court will hold a telephonic status conference on June 4, 2025 at 1:00 p.m. regarding Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1). Call-in information will be circulated to counsel via email. A public access line will be available on the Court's calendar. Signed by Judge Adam B. Abelson on 6/3/2025. (kb4s, Chambers) (Entered: 06/03/2025)

Jun 03, 2025

Case Assigned to Judge Adam B Abelson. (jf3s, Deputy Clerk)

Jun 03, 2025

PAPERLESS NOTICE that a copy of Amended Standing Order 2025-01, Petition for Writ of Habeas Corpus, and Petitioner's full name and A# have been transmitted to the Chief and Deputy Chief of the Civil Division for the District of Maryland on 6/3/2025 at 5:20 p.m. Amended Standing Order 2025-01 is now effective. (jf3s, Deputy Clerk)

#4

Jun 04, 2025

NOTICE of Appearance by Kelly M Marzullo on behalf of Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem (Marzullo, Kelly) (Entered: 06/04/2025)

#5

Jun 04, 2025

NOTICE of Appearance by Tom Corcoran on behalf of Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem (Corcoran, Tom) (Entered: 06/04/2025)

#6

Jun 04, 2025

Status Conference held via telephone on 6/4/2025 before Judge Adam B Abelson. (Russell Carrick - Courtroom 5D)(Court Reporter: Ronda Thomas) (rc2s, Deputy Clerk) (Entered: 06/04/2025)

#7

Jun 04, 2025

Correspondence re: Request for Entry of Jointly Proposed Scheduling Order (Attachments: # 1 Text of Proposed Order)(Marzullo, Kelly) (Entered: 06/04/2025)

#8

Jun 06, 2025

ORDER setting briefing deadlines as to Plaintiffs Petition for Writ of Habeas Corpus; setting hearing date. Signed by Judge Adam B Abelson on 6/6/2025. (dass, Deputy Clerk) (Entered: 06/06/2025)

#9

Jun 11, 2025

RESPONSE to 1 Petition for Writ of Habeas Corpus, and Motion to Dismiss or, in the Alternative, Stay by Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Marzullo, Kelly) (Entered: 06/11/2025)

Jun 11, 2025

The case of Cruz-Medina v. Noem et al,, has been opened in the District of Maryland. The case number is The case number is 25-cv-01768-ABA. PLEASE NOTE: You must pay the case filing fee within 48 hours . To pay online, select the event Habeas Case Filing Fee which is found under Civil Events -- > Other Filings -- > Other Documents. Otherwise, forward a check made payable to Clerk, U.S. District Court and note the assigned case number on the check or cover letter. (kb3s, Deputy Clerk)

Jun 11, 2025

HABEAS CASE FILING FEE: $ 5, receipt number AMDDC-12037664(Sandoval-Moshenberg, Simon)

#10

Jun 18, 2025

RESPONSE re 9 Response to Habeas Petition, 1 Petition for Writ of Habeas Corpus, Reply Memorandum in Support of Petition for Writ of Habeas Corpus filed by Jose Cruz-Medina. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Sandoval-Moshenberg, Simon) (Entered: 06/18/2025)

#11

Jun 20, 2025

Motion Hearing held via zoom on 6/20/2025 re 9 Motion to Dismiss, or, in the Alternative, Stay before Judge Adam B Abelson. (Russell Carrick - Courtroom 7D)(Court Reporter: Nadine Bachmann) (rc2s, Deputy Clerk) (Entered: 06/20/2025)

#12

Jul 01, 2025

ORDER Directing the parties to file supplemental briefing by Tuesday July 8, 2025 regarding the impact of the stay in D.V.D. on the issues presented in this case.. Signed by Judge Adam B Abelson on 7/1/2025. (kb3s, Deputy Clerk) (Entered: 07/01/2025)

#13

Jul 08, 2025

RESPONSE re 12 Order & Supplemental Brief Concerning the Impact on this Case of the Stay in D.V.D. filed by Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem.(Marzullo, Kelly) (Entered: 07/08/2025)

#14

Jul 08, 2025

RESPONSE re 12 Order Supplemental Briefing in Support of Petition for Writ of Habeas Corpus filed by Jose Cruz-Medina.(Sandoval-Moshenberg, Simon) (Entered: 07/08/2025)

#15

Aug 11, 2025

MEMORANDUM OPINION AND ORDER Granting in part and Denying in part 1 Petitioners petition for a writ of habeas corpus; By September 5, 2025, the parties SHALL FILE supplemental status reports. Signed by Judge Adam B Abelson on 8/11/2025. (kb3s, Deputy Clerk)

#16

Aug 16, 2025

MOTION for Discovery Petitioner's Motion for Leave to Serve Document Request by Jose Cruz-Medina (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sandoval-Moshenberg, Simon) (Entered: 08/16/2025)

#17

Aug 18, 2025

PAPERLESS ORDER: Petitioner has filed a motion for limited discovery, ECF No. 16, including a request for an order shortening the deadline for Respondents to respond to the motion, id. at 4. It is hereby ORDERED that Respondents shall respond to the motion by Friday, August 22, and any reply brief shall be filed by Monday, August 25. Signed by Judge Adam B. Abelson on 8/18/2025. (kb4s, Chambers) (Entered: 08/18/2025)

#18

Aug 22, 2025

RESPONSE to Motion re 16 MOTION for Discovery Petitioner's Motion for Leave to Serve Document Request, Joint filed by Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Text of Proposed Order)(Marzullo, Kelly) (Entered: 08/22/2025)

#19

Aug 29, 2025

ORDER Denying as moot 16 MOTION for Discovery Petitioner's Motion for Leave to Serve Document Request. Signed by Judge Adam B Abelson on 8/29/2025. (kb3s, Deputy Clerk) (Entered: 08/29/2025)

#20

Sep 05, 2025

STATUS REPORT by Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem(Marzullo, Kelly) (Entered: 09/05/2025)

#21

Sep 05, 2025

STATUS REPORT Petitioner's Status Report by Jose Cruz-Medina (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sandoval-Moshenberg, Simon) (Entered: 09/05/2025)

#22

Sep 05, 2025

PAPERLESS ORDER: Upon review of the parties' status reports, ECF Nos. 20 and 21, it is hereby ORDERED that the Court will hold a telephonic status conference on Tuesday, September 9, 2025 at 10:00 am regarding Petitioner's petition for writ of habeas corpus, ECF No. 1. Call-in information will be circulated to counsel via email. Signed by Judge Adam B. Abelson on 9/5/2025. (kb4s, Chambers) (Entered: 09/05/2025)

#23

Sep 09, 2025

Telephonic Status Conference held via Webex on 9/9/2025 before Judge Adam B Abelson.(Court Reporter: Nadine Bachmann) (jks, Deputy Clerk) (Entered: 09/09/2025)

#24

Sep 09, 2025

ORDER Re: Telephonic Status Conference. Signed by Judge Adam B Abelson on 9/9/2025. (kb3s, Deputy Clerk) (Entered: 09/09/2025)

#25

Sep 09, 2025

STATUS REPORT by Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem (Attachments: # 1 Exhibit 1 (Notice of Removal), # 2 Exhibit 2 (Third Country Screening Notice))(Marzullo, Kelly) (Entered: 09/09/2025)

#26

Sep 09, 2025

STATUS REPORT Petitioner's Response to Respondents' Status Report by Jose Cruz-Medina (Attachments: # 1 Exhibit A)(Sandoval-Moshenberg, Simon) (Entered: 09/09/2025)

#27

Sep 11, 2025

Telephonic Status Conference held via Webex on 9/11/2025 before Judge Adam B Abelson.(Court Reporter: Nadine Bachmann) (jks, Deputy Clerk) (Entered: 09/11/2025)

#28

Sep 12, 2025

Status Report Submitted DHS March 30, 2025 Third Country Removal Guidance by Nikita Baker (Attachments: # 1 Attachment DHS Third Country Removal Guidance)(Corcoran, Tom) (Entered: 09/12/2025)

#29

Sep 12, 2025

STATUS REPORT Petitioner's Response to Respondents' Status Report by Jose Cruz-Medina (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sandoval-Moshenberg, Simon) (Entered: 09/12/2025)

#30

Sep 12, 2025

PAPERLESS TEMPORARY RESTRAINING ORDER: At 7:28 p.m. ET this evening, the government reported that Respondents "are executing a third country removal of the Petitioner to Mexico." That is despite Petitioner having given written notice on September 8, 2025, of an appeal to an immigration judge of the negative reasonable fear determination. ECF No. 26-1. Petitioner has requested a temporary restraining order. That motion is GRANTED. Petitioner has shown a substantial likelihood of success on his claim that pursuant to 8 C.F.R. § 1208.31(g), he has a right to de novo review by an immigration judge before any removal would be permitted. Disregard for the regulations controlling this process deprives Petitioner of his opportunity to be heard before he is removed to a third country and violates his rights under the Constitution. He has also shown that removal would result in irreparable harm to him. See A.A.R.P. v. Trump, 145 S. Ct. 1364, 1369 (2025). And the balance of the equities and public interest favor Petitioner. Accordingly, EFFECTIVE IMMEDIATELY it is hereby ORDERED that (1) Respondents and all of their officers, agents, servants, employees, attorneys, successors, assigns, and persons acting in concert or participation with them are hereby RESTRAINED from removing Petitioner from the United States without review of his reasonable fear interview by an immigration judge; (2) a violation of this Temporary Restraining Order shall subject Respondents and all other persons bound by this Order to all applicable penalties, including contempt of court; and (3) Respondents are directed to ensure that the custodian of Petitioner is served with this Order immediately. Pursuant to Federal Rule of Civil Procedure 65(c), the Court finds that no bond is necessary, This TEMPORARY RESTRAINING ORDER remains in effect until Wednesday, September 17, 2025 at 1:00 p.m. ET. Signed: Judge Adam B. Abelson at 10:12 p.m. ET on 9/12/2025. (Abelson, Adam) (Entered: 09/12/2025)

#31

Sep 15, 2025

PAPERLESS ORDER: the Court will hold a status conference today, Monday, September 15, 2025 at 5:30 p.m. The call-in information will be: 1-650-479-3207, access code: 2309 524 4054. Signed by Judge Adam B Abelson on 9/15/2025. (jl5s, Chambers) (Entered: 09/15/2025)

#32

Sep 15, 2025

Status Conference held on 9/15/2025 before Judge Adam B Abelson.(Court Reporter: Paula Leeper) (kmts, Deputy Clerk - Courtroom 3A) (Entered: 09/15/2025)

#33

Sep 16, 2025

STIPULATION and proposed Order by Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem(Marzullo, Kelly) (Entered: 09/16/2025)

#34

Sep 16, 2025

TEMPORARY RESTRAINING ORDER AND BRIEFING ORDER. Signed by Judge Adam B Abelson on 9/16/2025. (kb3s, Deputy Clerk) (Entered: 09/16/2025)

#35

Sep 18, 2025

NOTICE of Appearance by Leah Nicole Haynes on behalf of Jose Cruz-Medina (Haynes, Leah) (Entered: 09/18/2025)

#36

Sep 18, 2025

MOTION for Preliminary Injunction by Jose Cruz-Medina (Attachments: # 1 Text of Proposed Order)(Haynes, Leah) (Entered: 09/18/2025)

#37

Sep 22, 2025

REPLY to Response to Motion re 36 MOTION for Preliminary Injunction filed by Nikita Baker, Pamela Bondi, Todd Lyons, Kristi Noem. (Attachments: # 1 Text of Proposed Order)(Marzullo, Kelly) (Entered: 09/22/2025)

#38

Sep 22, 2025

REPLY to Response to Motion re 36 MOTION for Preliminary Injunction filed by Jose Cruz-Medina.(Sandoval-Moshenberg, Simon) (Entered: 09/22/2025)

#39

Sep 23, 2025

PAPERLESS ORDER SCHEDULING Zoom Hearing: The Zoom hearing initially scheduled for September 25, 2025 at 1:00PM (ECF No. 34) is hereby rescheduled for Thursday, September 25, 2025 at 11:00AM. Signed by Judge Adam B Abelson on 9/23/2025. (rd3s, Law Clerk) (Entered: 09/23/2025)

#40

Sep 25, 2025

Motion Hearing held on 9/25/2025 re 36 MOTION for Preliminary Injunction filed by Jose Cruz-Medina before Judge Adam B Abelson. (Court Reporter: Nadine Bachmann) (Rebecca Maldeis, Deputy Clerk - Courtroom 7D) (Entered: 09/25/2025)

#41

Sep 26, 2025

ORDER Extending TRO at (ECF No.34), on the same terms,until October 7, 2025 at 5:00pm. Signed by Judge Adam B Abelson on 9/26/2025. (kb3s, Deputy Clerk) (Entered: 09/26/2025)

#42

Oct 02, 2025

NOTICE by Jose Cruz-Medina re 36 MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Sandoval-Moshenberg, Simon) (Entered: 10/02/2025)

#43

Oct 06, 2025

Status Report Submitted Joint Status Report per ECF 15 by Nikita Baker (Corcoran, Tom) (Entered: 10/06/2025)

#44

Oct 07, 2025

(FILED IN ERR0R) PRELIMINARY INJUNCTION. Signed by Judge Adam B Abelson on 10/7/2025. (ybs, Deputy Clerk) Modified on 10/7/2025 (ybs). (Entered: 10/07/2025)

#45

Oct 07, 2025

MEMORANDUM OPINION. Signed by Judge Adam B Abelson on 10/7/2025. (ybs, Deputy Clerk)

#46

Oct 07, 2025

PRELIMINARY INJUNCTION. Signed by Judge Adam B Abelson on 10/7/2025. (ybs, Deputy Clerk) (Entered: 10/07/2025)

#47

Oct 28, 2025

MOTION for Other Relief Motion for Specific Performance or Release from Custody by Jose Cruz-Medina (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 10/28/2025)

#48

Oct 28, 2025

PAPERLESS ORDER: Respondents SHALL file any responsive brief to Petitioner's Motion for Specific Performance (ECF No. 47) on or before Wednesday, November 5, 2025. Signed by Judge Adam B Abelson on 10/28/2025. (rd3s, Law Clerk) (Entered: 10/28/2025)

#49

Nov 05, 2025

RESPONSE in Opposition re 47 MOTION for Other Relief Motion for Specific Performance or Release from Custody filed by Nikita Baker.(Corcoran, Tom) (Entered: 11/05/2025)

#50

Nov 05, 2025

REPLY to Response to Motion re 47 MOTION for Other Relief Motion for Specific Performance or Release from Custody filed by Jose Cruz-Medina.(Sandoval-Moshenberg, Simon) (Entered: 11/05/2025)

#51

Nov 12, 2025

MEMORANDUM OPINION AND ORDER granting 47 Motion for Specific Performance; by 5:00 p.m. ET on 11/17/2025, Respondents shall either (a) REFER the negative fear determination to an immigration judge or (b) Release Petitioner from ICE Custody; if Resp ondents refer to an immigration judge and such review is not complete by 5:00 p.m. ET on 12/1/2025, Respondents SHALL RELEASE Petitioner from ICE custody no later than that date and time. Signed by Judge Adam B Abelson on 11/12/2025. (kns, Deputy Clerk) Modified docket text on 11/12/2025 (kns).

#52

Dec 01, 2025

NOTICE by Jose Cruz-Medina re 51 Order on Motion for Other Relief,, Notice of Release from Custody (Sandoval-Moshenberg, Simon) (Entered: 12/01/2025)

#53

Dec 03, 2025

ORDERED that Petitioners Petition for Writ of Habeas Corpus, ECF No. 1, is DISMISSED AS MOOT WITHOUT PREJUDICE. Signed by Judge Adam B Abelson on 12/3/2025. (kb3s, Deputy Clerk) (Entered: 12/03/2025)