District of Oregon • 3:25-cv-02325

#1

Dec 15, 2025

Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-10097789. Alicia Vial Beesley,Elena CaJacob for Jorge Lopez Lerma. Filed by Jorge Lopez Lerma against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Attachment). (Beesley, Alicia) (Entered: 12/15/2025)

#2

Dec 15, 2025

SCHEDULING ORDER. Telephone Status Conference is set for 12/15/2025 at 02:45PM in Portland before Judge Adrienne Nelson. Ordered by Judge Adrienne Nelson. (joha) (Entered: 12/15/2025)

#3

Dec 15, 2025

Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by J.L.L.. (Attachments: # 1 Exhibit Beesley Decl.) (CaJacob, Elena) (Entered: 12/15/2025)

#4

Dec 15, 2025

Notice of Case Assignment to Judge Adrienne Nelson and Discovery and Pretrial Scheduling Order. NOTICE: The filing party shall print and serve this Order, the summonses, and all other documents issued by the Clerk at case initiation upon all named parties in accordance with Local Rule 3-5(c). Discovery is to be completed by 4/14/2026. Joint Alternate Dispute Resolution Report is due by 5/14/2026. Pretrial Order is due by 5/14/2026. Ordered by Judge Adrienne Nelson. (sb) (Entered: 12/15/2025)

#5

Dec 15, 2025

MINUTES of Proceedings: Telephone status conference held on December 15, 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 1:36 PM on December 15, 2025. As stated on the record, respondents are ordered not to transport petitioner out of the District of Oregon unless otherwise ordered by this Court. Counsel for respondents has indicated that the Court's order to not transport petitioner from the District of Oregon will result in petitioner's immediate release. Also as stated on the record, respondents' deadline to respond to the petition for writ of habeas corpus, ECF 1, is December 18, 2025. Petitioner's deadline to indicate to the Court whether petitioner intends to file a reply and whether petitioner requests a hearing is December 22, 2025. Counsel for the parties are ordered to promptly confer regarding petitioner's medical condition and access to medical care. Alicia Vial Beesley present as counsel for petitioner. Susanne Luse present as counsel for respondents. Court Reporter: Bonita Shumway. Judge Adrienne Nelson presiding. (zrp) (Entered: 12/15/2025)

Dec 15, 2025

1 - Scheduling

#6

Dec 18, 2025

Extension of Time to Answer a Complaint/Petition

#7

Dec 19, 2025

ORDER: Defendants' unopposed motion for extension of time, ECF 6, is GRANTED. The deadline for defendants to file a response in opposition to petitioner's habeas petition and motion for a temporary restraining order is extended to January 5, 2026. By January 9, 2025, petitioner shall file a notice with the Court indicating whether they intend to file a reply in support of their petition and motion and whether they request a hearing. Ordered by Judge Adrienne Nelson. (ccj) (Entered: 12/19/2025)

Dec 19, 2025

Order on Motion for Extension of Time to Answer a Complaint/Petition

#8

Jan 05, 2026

Extension of Time to Answer a Complaint/Petition

#9

Jan 06, 2026

ORDER: Defendants' unopposed motion for extension of time, ECF 8, is GRANTED. The deadline for defendants to file a response in opposition to petitioner's habeas petition and motion for a temporary restraining order is extended to January 12, 2026. By January 16, 2025, petitioner shall file a notice with the Court indicating whether they intend to file a reply in support of their petition and motion and whether they request a hearing. Ordered by Judge Adrienne Nelson. (ccj) (Entered: 01/06/2026)

Jan 06, 2026

Order on Motion for Extension of Time to Answer a Complaint/Petition

#10

Jan 12, 2026

Response to Habeas Petition - 2241

#11

Jan 12, 2026

Declaration

#12

Jan 16, 2026

Response

#13

Jan 20, 2026

Declaration

#14

Jan 20, 2026

Declaration

#15

Jan 20, 2026

ORDER: Upon review of the written submissions, the Court concludes that it has subject matter jurisdiction to consider petitioner's request for a writ of habeas corpus asserting that his detention by Immigration & Customs Enforcement violates his constitutional rights. See Jennings v. Rodriguez, 583 U.S. 281, 294-95 (2018); Ibarra-Perez v. United States, 154 F.4th 989, 997 (9th Cir. 2025). The Court finds that respondents' detention of petitioner under 8 U.S.C. § 1226 without an individualized determination as to dangerousness or flight risk is a violation of petitioner's Fifth Amendment right to due process. See L.A.E. v. Wamsley, No. 3:25-cv-01975-AN, 2025 WL 3485763, at *3-5 (D. Or. Dec. 4, 2025) (citing Mathews v. Eldridge, 424 U.S. 319, 335 (1976)); Garro Pinchi v. Noem, 792 F. Supp. 3d 1025, 1033 (N.D. Cal. 2025). Therefore, the Court GRANTS petitioner's request for a writ of habeas corpus, ECF 1, finds as moot petitioner's motion for a temporary restraining order, ECF 3, and ORDERS as follows: Within 14 days of this Order, respondents shall: (a) notify petitioner of an initial custody determination pursuant to 8 U.S.C. § 1226 and 8 C.F.R. § 1236.1; and, if respondents determine that petitioner should be detained, (b) set an out-of-custody hearing before an Immigration Judge to make an individualized determination of dangerousness and flight risk and determine the amount of bond, if any, under which petitioner may be released. In the absence of an individualized determination by an Immigration Judge that petitioner poses a danger to the safety of other persons or of property or that petitioner is unlikely to appear for scheduled immigration proceedings, petitioner shall not be held in custody pending resolution of his removal and asylum proceedings. The Court further ORDERS the parties to file a joint status report by February 5, 2026, informing the Court of respondents' initial custody determination and the date set for an Immigration Judge hearing, if any, and identifying any further matters that must be resolved before the Court enters judgment. Ordered by Judge Adrienne Nelson. (ccj) (Entered: 01/20/2026)

Jan 20, 2026

Order on Motion for Temporary Restraining Order

#16

Feb 05, 2026

Notice

#17

Feb 11, 2026

Judgment - Terminate Case