Western District of Wisconsin • 3:26-cv-00935
Maldonado Alvarado, Duilio v. Field Office Director, Chicago Field Office, U.S. Immigration and Customs Enforcement
Completed
Case Information
Filed: September 09, 2026
Assigned to:
James Donald Peterson
Referred to:
Anita Marie Boor
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: October 26, 2026
Last Activity:
October 26, 2026
Parties:
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Docket Entries
#1
Sep 09, 2026
Petition for Writ of Habeas Corpus - Federal ( Filing fee $ 5 receipt number 6214.), filed by Duilio Fernando Maldonado Alvarado. (Case randomly assigned to District Judge James D. Peterson.) (Attachments: # 1 Envelope) (jer),(ps) (Entered: 09/09/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 09, 2026
Declaration of Duilio Fernando Maldonado Alvarado In Support of 1 Petition for Writ of Habeas Corpus filed by Petitioner Duilio Fernando Maldonado Alvarado. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Nicaraguan Passport of Duilio Fernando Maldonado Alvarado, # 3 Exhibit B: CBP Most Recent Form I-94, # 4 Exhibit C: Florida Certification of Birth - Abraham Fernando Rallo Mendoza, # 5 Exhibit D: Sworn Declaration Regarding Paternity, # 6 Exhibit E: Wisconsin Uniform Citation - relevant page, # 7 Exhibit F: ICE Online Detainee Locator Result, # 8 Exhibit G: EOIR Automated Case Information - relevant pages, # 9 Exhibit H: Support and Sponsorship Letter - Sherlyn Tamssanny Mendoza Hernandez, # 10 Exhibit I: Support Letter - Grisel Adriana Rallo Mendoza, # 11 Exhibit J: Recommendation Letter - Crystal Anne Skeel, # 12 Exhibit K: Support and Recommendation Letter - Jennifer Serrano Carrero) (jer),(ps) (Attachment 12 replaced on 9/10/2026) (jer). (Entered: 09/10/2026)
Main Document:
Declaration
#3
Sep 09, 2026
Certificate of Service by Petitioner Duilio Fernando Maldonado Alvarado as to 1 Petition for Writ of Habeas Corpus - Federal and 2 Declaration. (jer),(ps) (Entered: 09/10/2026)
Main Document:
Certificate of Service
#4
Sep 17, 2026
** TEXT ONLY ORDER ** Petitioner Duilio Fernando Maldonado Alvarado is a citizen of Nicaragua, but he has resided in the United States since 2023. In August 2026, petitioner was arrested by local authorities, who transferred custody to Immigration and Customs Enforcement. Petitioner is currently detained at the Sauk County jail in Baraboo, Wisconsin. Petitioner, without counsel, applies for a writ of habeas corpus under 28 U.S.C. § 2241, Dkt. 1, contending that he is being unlawfully detained in violation of 8 U.S.C. § 1226(a) and due process. Petitioner argues that the court of appeals' decision in Cirrus Rojas v. Olson, 183 F.4th 909 (7th Cir. 2026), requires that he receive a bond hearing. The clerk of court is directed to issue summonses and ensure that the United States Marshals Service serves respondents with the petition and this order. Respondents' response to the petition will be due 14 days after the Marshals file proof of service. Petitioner's reply will be due seven days after that. If respondents oppose the petition, then they should identify any circumstances that distinguish this case from Cirrus Rojas. Signed by District Judge James D. Peterson on 9/17/2026. (jef),(ps) (Entered: 09/17/2026)
#5
Sep 17, 2026
Summonses Issued as to Field Office Director, Chicago Field Office, U.S. Immigration and Customs Enforcement, Sauk County Jail Administrator. Forwarded to the U.S. Marshals for service. (Attachments: # 1 Summonses as to Sauk County Jail Administrator, # 2 Summonses as to U.S. Attorney General, # 3 Summonses as to U.S. Attorney) (jef),(ps) (Entered: 09/17/2026)
Main Document:
Summons Issued
Sep 17, 2026
Order to Show Cause
#6
Sep 24, 2026
Marshal Service Return Executed as to Sauk County Jail Administrator. (Attachments: # 1 Sauk County Sheriff's Office Certificate of Service) (nln),(ps) (Entered: 09/24/2026)
Main Document:
Marshal Service Return Executed
#7
Sep 28, 2026
Marshal Service Return Executed as to Chadwick M. Elgersma, Acting U.S. Attorney. Response to Petition for Writ of Habeas Corpus due 11/2/2026. Reply to Petition for Writ of Habeas Corpus due 11/9/2026. (jls),(ps) (Entered: 09/28/2026)
Main Document:
Marshal Service Return Executed
#8
Sep 28, 2026
Mail Returned as Undeliverable re 4 Order to Show Cause. Mail sent to Petitioner Duilio Maldonado at Sauk County Jail. (jlh),(ps) (Entered: 09/29/2026)
Main Document:
Mail Returned
#9
Oct 02, 2026
Notice of Appearance filed by Samuel C. Hall, Jr for Respondent Sauk County Jail Administrator. (Attachments: # 1 Certificate of Service) (Hall, Samuel),(ps) (Entered: 10/02/2026)
Main Document:
Notice of Appearance
#10
Oct 05, 2026
Marshal Service Return Executed as to Todd Blanche, U.S. Attorney General. (jls),(ps) (Entered: 10/05/2026)
Main Document:
Marshal Service Return Executed
#11
Oct 07, 2026
Response to 1 Petition for Writ of Habeas Corpus - Federal ( Filing fee $ 5 receipt number 6214.) by Respondent Sauk County Jail Administrator. (Attachments: # 1 Certificate of Service) (Hall, Samuel),(ps) (Entered: 10/07/2026)
Main Document:
Response to Habeas Petition
#12
Oct 13, 2026
Notice of Appearance of Counsel filed by Stuart Gilgannon for Respondent Field Office Director, Chicago Field Office, U.S. Immigration and Customs Enforcement. (Gilgannon, Stuart),(ps) (Entered: 10/13/2026)
Main Document:
Notice of Appearance
#13
Oct 13, 2026
Federal Respondents' Response to 1 Petition for Writ of Habeas Corpus - Federal ( Filing fee $ 5 receipt number 6214.) by Respondent Field Office Director, Chicago Field Office, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Certificate of Service) (Gilgannon, Stuart),(ps) (Entered: 10/13/2026)
Main Document:
Response to Habeas Petition
#14
Oct 13, 2026
Declaration of Matthew Wolter (Gilgannon, Stuart),(ps) (Entered: 10/13/2026)
Main Document:
Declaration (not related to a motion)
#15
Oct 26, 2026
** TEXT ONLY ORDER ** Petitioner Duilio Fernando Maldonado Alvarado was being held in immigration custody when he filed this case. Maldonado Alvarado sought a writ of habeas corpus under 28 U.S.C. § 2241, contending that he was unlawfully denied a bond hearing under 8 U.S.C § 1226 and Cirrus Rojas v. Olson, 183 F.4th 909 (7th Cir. 2026). In response, the federal government respondents say that Maldonado Alvarado was released from federal custody on September 30 and turned over to the State of Wisconsin in connection with pending criminal charges. See Dkt. 13 . Respondents provided a supporting declaration from an immigration officer, Dkt. 14, and Maldonado Alvarado did not file a reply. The declaration is sufficient evidence that Maldonado Alvarado is no longer in federal custody, so his habeas petition is DENIED as moot. The clerk of court is directed to enter judgment for defendants and close this case. Signed by District Judge James D. Peterson on 10/26/2026. (jef),(ps) (Entered: 10/26/2026)
#16
Oct 26, 2026
JUDGMENT entered in favor of respondents denying petitioner's petition for writ of habeas corpus as moot and dismissing this case. (jef),(ps) (Entered: 10/26/2026)
Main Document:
Judgment
Oct 26, 2026
Text Only Order
Parties
Field Office Director, Chicago Field Office, U.S. Immigration and Customs Enforcement
Party
Maldonado Alvarado, Duilio
Party
Attorney
Attorney
Attorney