Northern District of Ohio • 4:25-cv-02802

Boutinkhar v. Director, U.S. Immigration and Customs Enforcement (ICE)

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Case Information

Filed: December 30, 2025
Assigned to: Donald C. Nugent
Referred to: Carmen E. Henderson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 29, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 30, 2025
Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus by a person in federal ICE custody. Filing fee paid. $5.00. Receipt # 161862. Filed by Aziz Boutinkhar. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit List with unmarked exhibits, # 3 Envelope). (H,Ch) (Entered: 12/30/2025)
Main Document: Petition for Writ of Habeas Corpus (2241)
Dec 30, 2025
Judge Donald C. Nugent assigned to case. (H,Ch)
Dec 30, 2025
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (H,Ch)
#2
Jan 22, 2026
Order of Referral. Petitioner, Aziz Boutinkhar, has filed a motion pursuant to Title 28 U.S.C. Section 2241. This case does not necessitate a case management conference as contemplated by LR 16.3(a) and is assigned to the administrative track. This matter is referred for report and recommended decision to United States Magistrate Judge Carmen E. Henderson, which referral shall include the issuance by the Magistrate Judge of any order requiring th e respondent to answer, service of the petition, or any appropriate order directed to this matter, pursuant to Rule 4 of the Federal Rules of Civil Procedure governing Habeas Corpus cases. IT IS SO ORDERED. Judge Donald C. Nugent on 1/22/2026. (M,S) (Entered: 01/22/2026)
Main Document: Order of Referral
Jan 22, 2026
Copy of 2 Order of Referral mailed to Aziz Boutinkhar A#245-588-507 Northeast Ohio Correctional Center 2240 Hubbard Road Youngstown, OH 44505 on 1/22/2026. Related document(s) 2 . (M,S)
#3
Jan 30, 2026
Magistrate Judge's Initial Order. Respondent shall file an answer (Return of Writ) to the petition within sixty (60) days from the date of this order. Petitioner shall have thirty (30) days from the filing of Respondent's answer to reply thereto by filing a Traverse. Respondent shall have fifteen (15) days from the filing of Petitioner's Traverse to respond thereto by filing a Reply. Magistrate Judge Carmen E. Henderson on 1/30/2026. (S,KL) (Entered: 01/30/2026)
Main Document: Magistrate Judges Initial Order
Jan 30, 2026
Copy of 3 Magistrate Judge's Initial Order mailed to Aziz Boutinkhar A#245-588-507, at Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH 44505; Copy of 1 Petition for Writ of Habeas Corpus and 3 Magistrate Judge's Initial Order mailed to Ed Voorhies - Warden at Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH., 44505, to the U.S. Attorney General, 950 Pennsylvania Avenue NW, Washington, DC., 20530, and to the Office of U.S. Attorney, Northern District of Ohio, 801 W. Superior Ave., Cleveland, OH., 44113 on 1/30/2026. Related document(s) 3 . (S,KL)
#4
Feb 02, 2026
Amended Magistrate Judge's Initial Order. Respondent shall file a response to the petition within fourteen (14) days from the date of this Order, responding to the allegations and setting forth all applicable defenses. Petitioner shall have fourteen (14) days from the filing of Respondents response to file a reply in support of the petition. Any requests for an extension of time shall be filed at least three days prior to the deadline. Magistrate Judge Carmen E. Henderson on 2/2/2026. (S,KL) (Entered: 02/02/2026)
Main Document: Magistrate Judges Initial Order
Feb 02, 2026
Copy of 4 Amended Magistrate Judge's Initial Order mailed to Aziz Boutinkhar A#245-588-507, at Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH 44505; Ed Voorhies - Warden at Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH., 44505; to the U.S. Attorney General, 950 Pennsylvania Avenue NW, Washington, DC., 20530; and, to the Office of U.S. Attorney, Northern District of Ohio, 801 W. Superior Ave., Cleveland, OH., 44113 on 2/2/2026. Related document(s) 4 . (S,KL)
#5
Feb 11, 2026
Attorney Appearance by James R. Bennett, II filed by on behalf of Director, U.S. Immigration and Customs Enforcement (ICE), Secretary, U.S. Department of Homeland Security. (Bennett, James) (Entered: 02/11/2026)
Main Document: Attorney
#6
Feb 11, 2026
Motion for extension of time until March 2, 2026 to answer /respond to Petition filed by Director, U.S. Immigration and Customs Enforcement (ICE), Secretary, U.S. Department of Homeland Security. (Bennett, James) (Entered: 02/11/2026)
Main Document: Extension (answer complaint)
Feb 12, 2026
Order on Motion for extension of time to answer
Feb 12, 2026
Order [non-document] granting Respondent's 6 Motion for extension of time until March 2, 2026 to answer /respond to Petition. Magistrate Judge Carmen E. Henderson on 2/12/2026. (S,KL)
#7
Mar 02, 2026
Motion for extension of time until April 1, 2026 to respond to petition filed by Director, U.S. Immigration and Customs Enforcement (ICE), Secretary, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A-Voluntary Departure Order)(Bennett, James) (Entered: 03/02/2026)
Main Document: Extension (answer complaint)
#8
Mar 02, 2026
Order denying Respondent's 7 Motion for extension of time until April 1, 2026 to answer / respond to petition. Magistrate Judge Carmen E. Henderson on 3/2/2026.(S,KL) (Entered: 03/02/2026)
Main Document: Order on Motion for extension of time to answer
#9
Mar 02, 2026
Answer and Return of Writ filed by Director, U.S. Immigration and Customs Enforcement (ICE), Secretary, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A - First Notice to Appear, # 2 Exhibit B - Written Pleading, # 3 Exhibit C - IJ Order, # 4 Exhibit D - Form I-860 Notice & Order of Expedited Removal, # 5 Exhibit E - Second Notice to Appear, # 6 Exhibit F - Motion to Pretermit, # 7 Exhibit G - IJ Order, # 8 Exhibit H - Motion for Voluntary Departure) (Bennett, James) (Entered: 03/02/2026)
Main Document: Answer
#10
Mar 05, 2026
Order: No later than March 9, 2026, Respondent shall file a supplemental brief specifically addressing the applicability of 8 C.F.R. §§ 240.25(b) and 1240.26(b) to Petitioner's detention; whether the immigration judge made any findings regarding the need for Petitioner's continued detention; and the anticipated procedure for allowing Petitioner to voluntarily depart from the country in light of his continued detention. Magistrate Judge Carmen E. Henderson on 3/5/2026. (S,KL) (Entered: 03/05/2026)
Main Document: Order
Mar 05, 2026
Copy of 10 Order mailed to Aziz Boutinkhar A#245-588-507 at Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH., 44505 and Ed Voorhies Warden at Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH., 44505 on 3/5/2026. (S,KL)
#11
Mar 09, 2026
Supplemental Brief filed by Director, U.S. Immigration and Customs Enforcement (ICE), Secretary, U.S. Department of Homeland Security. Related document(s) 10 . (Attachments: # 1 Exhibit A - Declaration of Tremel Hill) (Bennett, James) (Entered: 03/09/2026)
Main Document: Supplemental
#12
Mar 25, 2026
Report and Recommendation: Because Petitioner's challenge to his detention under § 1226 is moot and his medical claims may not be brought in a habeas petition, I recommend that the Court dismiss his 1 Petition for Writ of Habeas Corpus (2241) without prejudice. Objections to Report & Recommendation due by 4/8/2026. Magistrate Judge Carmen E. Henderson on 3/25/2026. (S,KL)
Main Document: Report and Recommendation
Mar 25, 2026
Copy of 12 Report and Recommendation mailed to Aziz Boutinkhar A#245-588-507 at Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH., 44505 and Ed Voorhies - Warden at Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH., 44505 on 3/25/2026. (S,KL)
#17
Apr 29, 2026
Memorandum Opinion. The Court has reviewed de novo those portions of the Magistrate Judge's 12 Report and Recommendation to which objection has been made. See Fed. R. Civ. P. 72(b). The Court finds Magistrate Judge Henderson's R eport and Recommendation to be thorough, well-written, well supported, and correct. The Court finds that Petitioner's objections raise no arguments (factual or legal) that have not been fully and correctly addressed by the Magistrate's Repo rt and Recommendation, and that Petitioner's objections are unwarranted. Moreover, Respondents' Response makes clear that Petitioner's release from custody and departure from the United States moots this Petition. This Court, therefore, adopts the Magistrate's Report and Recommendation,finds that this action is moot and dismisses same with prejudice. IT IS SO ORDERED. re 12 , 1 . Judge Donald C. Nugent on 4/29/2026. (M,S)
Main Document: Memorandum Opinion and Order AND Order Adopting Report and Recommendation
#18
Apr 29, 2026
Order Dismissing Case
Main Document: Order Dismissing Case