Eastern District of Kentucky • 2:25-cv-00237

Aigaje Ascanta v. Bondi

Active

Case Information

Filed: December 31, 2025
Assigned to: David L. Bunning
Referred to: P. So
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: December 31, 2025
Parties: View All Parties →

Docket Entries

#1
Dec 19, 2025
PETITION for writ of habeas corpus filed by Bertila Jacqueline Aigaje Ascanta against Pamela Bondi, Attorney General of the United States, in her official capacity, Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Kristi Noem, Secretary of the Department of Homeland Security, in her official capacity, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director Filing fee $ 5, receipt number AILNDC-24504595. (Attachments: # 1 Affidavit Affidavit of Petitioner's brother with basic facts, # 2 Exhibit Notice to Appear confirming initial custody determination)(Sidea, Andrew) [Transferred from ilnd on 12/31/2025.] (Entered: 12/19/2025)
Main Document: PETITION
#2
Dec 22, 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. Bertila Jacqueline Aigaje Ascanta is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee. (man, ) [Transferred from ilnd on 12/31/2025.] (Entered: 12/22/2025)
#3
Dec 22, 2025
MINUTE entry before the Honorable John Robert Blakey: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging her present detention in ICE custody, see 1 . Respondent shall respond to the petition by 12/29/25, and Petitioner shall file any reply by 1/5/2026. In addition, Respondent shall make a preliminary filing by 12:00 p.m. on 12/24/25 stating: (1) whether Petitioner was located in the Northern District of Illinois at the time this case was filed; (2) the current status of Petitioner's immigration proceedings; (3) Petitioner's current location and proper Respondent based upon that location; (4) whether Petitioner has previously been granted bond by an immigration judge (and, if so, whether the Government ever sought an appeal of that release order before the Board of Immigration Appeals); and (5) the Government's view as to whether the recent decision in Castanon-Nava v. U.S. Dep't of Homeland Sec., No. 25-3050, 2025 WL 3552514, at *8 (7th Cir. Dec. 11, 2025) has any effect on Petitioner's habeas corpus case (including whether Petitioner was arrested with or without a warrant). Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, the Government is ordered not to remove Petitioner from the jurisdiction of the United States and not to transfer her to any federal judicial district other than those in the States of Illinois, Indiana, or Wisconsin. A.A.R.P. v. Trump, 145 S. Ct. 1364, 1369 (2025) (citing 28 U.S.C. § 1651(a)) ("The 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 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 12/30/2025 at 11:00 a.m. in Courtroom 1203. Mailed notice. (sxh, ) [Transferred from ilnd on 12/31/2025.] (Entered: 12/22/2025)
Main Document: MINUTE
Dec 22, 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. (man, ) [Transferred from ilnd on 12/31/2025.]
Dec 22, 2025
CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (man, ) [Transferred from ilnd on 12/31/2025.]
#4
Dec 23, 2025
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Pamela Bondi, Attorney General of the United States, in her official capacity, Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Kristi Noem, Secretary of the Department of Homeland Security, in her official capacity, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Press, Joshua) [Transferred from ilnd on 12/31/2025.] (Entered: 12/23/2025)
Main Document: DESIGNATION
#5
Dec 23, 2025
STATUS Report by Pamela Bondi, Attorney General of the United States, in her official capacity, Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Kristi Noem, Secretary of the Department of Homeland Security, in her official capacity, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Press, Joshua) [Transferred from ilnd on 12/31/2025.] (Entered: 12/23/2025)
Main Document: STATUS
#6
Dec 23, 2025
CIVIL Cover Sheet (Sidea, Andrew) [Transferred from ilnd on 12/31/2025.] (Entered: 12/23/2025)
Main Document: CIVIL
#7
Dec 23, 2025
ATTORNEY Appearance for Petitioner Bertila Jacqueline Aigaje Ascanta by Andrew V. Sidea (Sidea, Andrew) [Transferred from ilnd on 12/31/2025.] (Entered: 12/23/2025)
Main Document: ATTORNEY
#8
Dec 29, 2025
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Pamela Bondi, Attorney General of the United States, in her official capacity, Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Kristi Noem, Secretary of the Department of Homeland Security, in her official capacity, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Oswald, Craig) [Transferred from ilnd on 12/31/2025.] (Entered: 12/29/2025)
Main Document: DESIGNATION
#9
Dec 29, 2025
RESPONSE by Respondents Pamela Bondi, Attorney General of the United States, in her official capacity, Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity, Kristi Noem, Secretary of the Department of Homeland Security, in her official capacity, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director to petition for writ of habeas corpus,, 1 (Oswald, Craig) [Transferred from ilnd on 12/31/2025.] (Entered: 12/29/2025)
Main Document: RESPONSE
#10
Dec 30, 2025
MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 12/30/2025. As discussed in court, the parties agree that Petitioner was arrested and transported to Broadview, and then transferred to Newport, Kentucky (in the Eastern District of Kentucky). Thereafter, on 12/19/2025, Petitioner filed her habeas petition, 1 . A habeas action must be brought against the immediate custodian, and, when an action is brought in the district court, it must be filed in the district court whose territorial jurisdiction includes the place where the custodian is located. E.g., Rumsfeld v. Padilla, 542 U.S. 426, 441-42, 451 (2004). Although exceptions to these "jurisdictional" rules exist, the undisputed portions of the record in this case provide no factual or legal basis to invoke any such exception. As a result, the Court transfers this matter forthwith to the Eastern District of Kentucky pursuant 28 U.S.C. § 1631 for consideration of the petition 1 . See also United States v. Prevatte, 300 F.3d 792, 802 (7th Cir. 2002) (transferring a § 2241 petition under § 1631 after determining that the Seventh Circuit was "not the court with jurisdiction to consider a § 2241 petition on Mr. Prevatte's behalf"). Civil case terminated. Mailed notice. (evw, ) [Transferred from ilnd on 12/31/2025.] (Entered: 12/30/2025)
Main Document: MINUTE
#11
Dec 30, 2025
ATTORNEY Appearance for Respondents Pamela Bondi, Todd M. Lyons, Kristi Noem, Samuel Olson by Temilade Oduala. (evw, ) [Transferred from ilnd on 12/31/2025.] (Entered: 12/30/2025)
Main Document: ATTORNEY
#12
Dec 31, 2025
TRANSFERRED to the Eastern District of Kentucky the electronic record. (emc, ) [Transferred from ilnd on 12/31/2025.] (Entered: 12/31/2025)
Main Document: TRANSFERRED
#13
Dec 31, 2025
CASE TRANSFERRED IN from District of Illinois Northern. Case number 1:25-cv-15481. Original file, certified copy of transfer order and docket sheet received. (Entered: 12/31/2025)
Main Document: CASE
Dec 31, 2025
Conflict Check run. (TJG)

Parties

Aigaje Ascanta
Party
Bondi
Party