Northern District of Illinois • 1:25-cv-15269
Penaloza Arellano v. Swearingen
Active
Case Information
Filed: December 16, 2025
Assigned to:
Edmond E-Min Chang
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
February 11, 2026
Parties:
View All Parties →
Docket Entries
#1
Dec 16, 2025
PETITION for writ of habeas corpus filed by Joel Penaloza Arellano against Pamela Bondi, Kristi Noem, Samuel Olson Filing fee $ 5, receipt number AILNDC-24484311. (Drew, Michael) (Entered: 12/16/2025)
Main Document:
Petition for Writ of Habeas Corpus
#2
Dec 16, 2025
ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Joel Penaloza Arellano is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee. (gmc, ) (Entered: 12/16/2025)
#3
Dec 16, 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 01/06/2026. The Petitioner shall reply by 01/13/2026. 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 12/19/2025 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 01/08/2026 at 10:30 a.m. The parties shall file a joint status report on 01/06/2026. Emailed notice (mw, ) (Entered: 12/16/2025)
Main Document:
MINUTE
Dec 16, 2025
MAILED a copy of the Court's Order dated 12/16/2025, R. 3. to Tom Walsh, Chief of the Civil Division, United States Attorney's Office, Northern District of Illinois, Craig Oswald, AUSA, and Joshua Press, AUSA, of United States Attorney's Office, Northern District of Illinois. (mw,)
Dec 16, 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. (gmc, )
Dec 16, 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). (gmc, )
#4
Dec 17, 2025
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Pamela Bondi, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Oswald, Craig) (Entered: 12/17/2025)
Main Document:
DESIGNATION
#5
Dec 17, 2025
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Pamela Bondi, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Press, Joshua) (Entered: 12/17/2025)
Main Document:
DESIGNATION
#6
Dec 19, 2025
STATUS Report by Pamela Bondi, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Oswald, Craig) (Entered: 12/19/2025)
Main Document:
STATUS
#7
Dec 19, 2025
STATUS Report Updated by Pamela Bondi, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Oswald, Craig) (Entered: 12/19/2025)
Main Document:
STATUS
#8
Jan 01, 2026
Local Rule 3.2 Annual Reminder Order
Main Document:
Local Rule 3.2 Annual Reminder Order
#9
Jan 05, 2026
Local Rule 3.2 Annual Reminder Order
Main Document:
Local Rule 3.2 Annual Reminder Order
#10
Jan 06, 2026
STATUS Report (Joint) by Pamela Bondi, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security (Press, Joshua) (Entered: 01/06/2026)
Main Document:
STATUS
#11
Jan 06, 2026
RESPONSE by Respondents Pamela Bondi, Kristi Noem, Samuel Olson, U.S. Department of Homeland Security to petition for writ of habeas corpus 1 (Attachments: # 1 Exhibit 1)(Press, Joshua) (Entered: 01/06/2026)
Main Document:
RESPONSE
#12
Jan 07, 2026
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 10, and the government's response to the petition, R. 11, which simply re-adopts prior arguments in this setting, the status hearing of 01/08/2026 is vacated. To track the case only (no appearance is required, the case will not be called) after the filing of the reply brief, a tracking status hearing is set for 01/23/2026 at 8:30 a.m. Instead, the parties shall file a status report by 01/16/2026, reporting on the immigration hearing of 01/14/2026. Emailed notice (mw, ) (Entered: 01/07/2026)
Main Document:
MINUTE
#13
Jan 08, 2026
REPLY by Petitioner Joel Penaloza Arellano to Response 11 (Drew, Michael) (Entered: 01/08/2026)
Main Document:
REPLY
#14
Jan 17, 2026
Order AND Order on Motion for Petition for Writ of Habeas Corpus
#15
Jan 17, 2026
MINUTE entry before the Honorable Edmond E. Chang: The parties did not file the status report that was due on 01/16/2026, see R. 12. The parties shall file a status report on the immigration hearing of 01/14/2026 by 01/21/2026. Emailed notice (Chang, Edmond) (Entered: 01/17/2026)
Main Document:
MINUTE
#16
Jan 20, 2026
STATUS Report by Pamela Bondi, Kristi Noem, Samuel Olson, Joel Penaloza Arellano, U.S. Department of Homeland Security (Drew, Michael) (Entered: 01/20/2026)
Main Document:
STATUS
#17
Jan 20, 2026
MINUTE entry before the Honorable Edmond E. Chang: As ordered in R. 14 at 1 n. 1, the Respondent shall be substituted with Brinson Swearingen, Sheriff of Clay County Jail, and the Case Shore Title will use "Swearingen" as the Respondent. Emailed notice (mw, ) (Entered: 01/20/2026)
Main Document:
MINUTE
#18
Jan 22, 2026
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 16, the 01/09/2026 hearing resulted in a denial of bond given the BIA decision, but that pre-dated the issuance of the conditional writ on 01/17/2026. The tracking status hearing of 01/23/2026 is reset to 02/13/2026 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint status report by 02/06/2026, reporting on the bond hearing and proposing the next step of the litigation. Emailed notice (mw, ) (Entered: 01/22/2026)
Main Document:
MINUTE
#19
Jan 22, 2026
DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents Pamela Bondi, Kristi Noem, Samuel Olson, Brison Swearingen, U.S. Department of Homeland Security (Gilpin, Geoffrey) (Entered: 01/22/2026)
Main Document:
DESIGNATION
#24
Feb 11, 2026
Judgment - AO450
Main Document:
Judgment - AO450
Parties
Olson
Party
Penaloza Arellano
Party