Northern District of Illinois • 1:25-cv-14995

#1

Dec 10, 2025

PETITION for writ of habeas corpus filed by Fidencio Morales Perez against Pamela Bondi, Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Kristi Noem, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director Filing fee $ 5, receipt number AILNDC-24456332. (Hahn, Jean) (Entered: 12/10/2025)

#2

Dec 10, 2025

CIVIL Cover Sheet (Hahn, Jean) (Entered: 12/10/2025)

#3

Dec 10, 2025

ATTORNEY Appearance for Petitioner Fidencio Morales Perez by Jean Murphy Hahn (Hahn, Jean) (Entered: 12/10/2025)

Dec 11, 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. (lj, )

Dec 11, 2025

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (lj, )

#14

Dec 12, 2025

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Pamela Bondi, Andrew S. Boutros, Todd M. Lyons, Kristi Noem, Samuel Olson (Oswald, Craig) (Entered: 12/12/2025)

#15

Dec 12, 2025

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Pamela Bondi, Andrew S. Boutros, Todd M. Lyons, Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 12/12/2025)

#16

Dec 12, 2025

MINUTE entry before the Honorable Edmond E. Chang: The Petitioner has filed a 28 U.S.C. 2241 habeas petition challenging his detention in ICE custody. The Respondents are ordered to respond to the habeas petition by 12/23/2025. The Petitioner shall reply by 12/30/2025. The Court notes that the Seventh Circuit recently observed, in a preliminary posture, that individuals like the Petitioner should be treated as detained pursuant to 8 U.S.C. 1226(a), not 8 U.S.C. 1225(b). See Castanon Nava v. U.S. Dep't of Homeland Sec., No. 25-3050, at *19-22 (7th Cir. Dec. 11, 2025); see also Ochoa Ochoa v. Noem, No. 25 C 10865, 2025 WL 2938779 (N.D. Ill. Oct. 16, 2025) (Jenkins, J.). The Court shall leave it to the parties to consider the relevance of these decisions, if any, to this case. In addition, the Respondents shall make a preliminary filing by 12/17/2025 stating: (1) whether the Petitioner was located in the Northern District of Illinois at the time this case was filed; (2) the current status of the Petitioner's immigration proceedings; and (3) the Petitioner's current location and the proper Respondent based on that location. Under the authority of the All Writs Act, 28 U.S.C. 1651, the government is ordered not to remove the 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, 605 U.S. 91, 97 (2025) (per curiam) (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 Respondent intends to hold the Petitioner within the United States. Instead, the parties and the Court will address the issue after the Respondent makes 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 an in-person status hearing on 01/07/2026 at 10 a.m. The parties shall file a joint status report on 01/02/2026. Mailed notice (lxs, ) (Entered: 12/12/2025)

#17

Dec 12, 2025

SUMMONS Issued (Court Participant) as to Pamela Bondi, Andrew S. Boutros, Todd M. Lyons, Kristi Noem, Samuel Olson, U.S. Attorney, and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(qrtr, ) (Entered: 12/12/2025)

Dec 12, 2025

EMAILED copy of docket no. 16 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. (lxs, )

#18

Dec 17, 2025

STATUS Report by Pamela Bondi, Andrew S. Boutros, Todd M. Lyons, Kristi Noem, Samuel Olson (Oswald, Craig) (Entered: 12/17/2025)

#19

Dec 23, 2025

RESPONSE by Respondents Pamela Bondi, Andrew S. Boutros, Todd M. Lyons, Kristi Noem, Samuel Olson to petition for writ of habeas corpus, 1 (Attachments: # 1 Exhibit 1)(Oswald, Craig) (Entered: 12/23/2025)

#20

Dec 23, 2025

REPLY by Petitioner Fidencio Morales Perez In Support of His Petition for Writ of Habeas Corpus (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Bond Determination, # 3 Exhibit EOIR 42B Application for Cancellation of Removal)(Hahn, Jean) (Entered: 12/23/2025)

#21

Jan 01, 2026

Local Rule 3.2 Annual Reminder Order

#22

Jan 02, 2026

STATUS Report Joint Status Report by Fidencio Morales Perez (Hahn, Jean) (Entered: 01/02/2026)

#23

Jan 05, 2026

Local Rule 3.2 Annual Reminder Order

#24

Jan 06, 2026

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 22, the Court has the petition under advisement and will post an order in due course. The status hearing of 01/07/2026 is vacated. Emailed notice (mw, ) (Entered: 01/06/2026)

#25

Jan 07, 2026

MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. For the reasons stated in the Opinion, the Court grants the habeas petition, R. 1. Because the Court holds that the Petitioner's detention under 8 U.S.C. 1225(b)(2)(A) violate s the Immigration and Nationality Act, the Petitioner is entitled to a bond hearing under 8 U.S.C. 1226(a). See 8 C.F.R. 1003.19, 1236.1(c)(8), (d). The Court thus issues a conditional writ of habeas corpus, directing the Respondent, on or before 01/ 15/2026, either to afford the Petitioner a bond hearing that complies with federal laws and regulations or to release him under reasonable conditions of supervision. See United States ex rel. Owens v. Duncan, 2015 WL 5950124, at *2 (N.D. Ill. Oct. 13 , 2015) (explaining conditional writs of habeas corpus). To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 01/23/2026 at 8:30 a.m. The parties shall file a status report on or before 01/20/2026, that addresses the Petitioner's release status, whether he received a bond hearing, and the result of that bond hearing. Emailed notice (mw, )

#31

Feb 02, 2026

Judgment - AO450