Gonzalez Cruz v. Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director et al
| Fernando Gonzalez Cruz |
| Samuel Olson |
| Dale J. Schmidt |
| 1:2025cv13713 |
| November 7, 2025 |
| U.S. District Court for the Northern District of Illinois |
| Manish S Shah |
| Habeas Corpus - Alien Detainee |
| 8 U.S.C. § 1105 (a) Aliens: Habeas Corpus to Release INS Detainee |
| None |
Docket Report
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This docket was last retrieved on December 4, 2025. A more recent docket listing may be available from PACER.
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| Filing 18 ENTERED JUDGMENT. Notices Mailed. (psm, ) |
| Filing 17 MINUTE entry before the Honorable Manish S. Shah: The clerk shall enter judgment in favor of petitioner, granting the writ of habeas corpus, and terminate this civil case. Notices Mailed. (psm, ) |
| Filing 16 STATUS Report (Joint) by Pamela Bondi, Warden Doe, Kristi Noem, Samuel Olson, Dale J. Schmidt (Oswald, Craig) |
Filing 15
ORDER. Signed by the Honorable Manish S. Shah on 11/21/2025: The petition for a writ of habeas corpus #1 is granted, and no reply is necessary. Kristi Noem, Pamela Bondi, and Executive Office for Immigration Review are dismissed as respondents. The government reports that petitioner is in the custody of Sheriff Dale J. Schmidt. #10 . The clerk shall add Sheriff Dale J. Schmidt as a respondent to the caption. Respondents are ordered to provide petitioner with a release hearing under 8 U.S.C. 1226(a), at which mandatory detention under 1225(b)(2) does not apply and the immigration judge makes an independent bond determination, by December 2, 2025, or otherwise release him. The parties shall file a status report confirming compliance with this writ by December 4, 2025. [For further detail see attached order.] Notices Mailed. (psm, )
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| Filing 14 REPLY by Plaintiff Fernando Gonzalez Cruz to Response, #11 (Meah, Yacoob) |
| Filing 13 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file instanter #11 is granted, and no appearance is necessary. Petitioner may reply (particularly on the government's point that petitioner has not been denied a bond hearing) by 11/24/25. Notices Mailed. (psm, ) |
| Filing 12 NOTICE of Motion by Paraisia R Winston for presentment of motion to file instanter, #11 before Honorable Manish S. Shah on 11/21/2025 at 09:45 AM. (Winston, Paraisia) |
| Filing 11 MOTION by Defendants Pamela Bondi, Warden Doe, Kristi Noem, Samuel Olson to file instanter unopposed (Attachments: #1 Exhibit Response to Petition, #2 Exhibit Gov Ex. 1 to Response, #3 Exhibit Gov Exs. A - F to Response)(Winston, Paraisia) |
| Filing 10 STATUS Report by Pamela Bondi, Warden Doe, Kristi Noem, Samuel Olson (Oswald, Craig) |
| Filing 9 DESIGNATION of Paraisia R Winston as U.S. Attorney for Defendants Pamela Bondi, Warden Doe, Kristi Noem, Samuel Olson (Winston, Paraisia) |
| Filing 7 DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Pamela Bondi, U.S. Attorney General, Warden Doe, Kristi Noem, Secretary, U.S. Department of Homeland Security, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Press, Joshua) |
| Filing 6 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Pamela Bondi, U.S. Attorney General, Warden Doe, Kristi Noem, Secretary, U.S. Department of Homeland Security, Samuel Olson, Immigration and Customs Enforcement and Removal Operations Field Office Director (Oswald, Craig) |
| Filing 5 MAILED copy of order #4 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. (psm, ) |
| Filing 4 MINUTE entry before the Honorable Manish S. Shah: Petitioner has filed a 28 U.S.C. 2241 habeas corpus petition challenging his present detention in ICE custody. Respondent is ordered to respond to the habeas corpus petition by 11/13/25. Petitioner shall reply by 11/18/25. Respondent shall also file a statement by 11/13/25 stating: (1) whether Petitioner was located in the Northern District of Illinois at the time this case was filed (11/7/25 at 3:54 p.m. central time); (2) the current status of Petitioner's immigration proceedings; and (3) Petitioner's current location and proper Respondent based on that location. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. 1651, and to preserve the court's jurisdiction, the Government is ordered not to remove 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)); United States v. United Mine Workers of Am., 330 U.S. 258, 293 (1947). 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. No statement about the application of the Castanon Nava settlement is necessary. 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. Notices Mailed. (psm, ) |
| Filing 3 CIVIL Cover Sheet (Meah, Yacoob) |
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Filing 2
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. Fernando Gonzalez Cruz is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (nh, )
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| Filing 1 PETITION for writ of habeas corpus filed by Fernando Gonzalez Cruz against All Defendants Filing fee $ 5, receipt number AILNDC-24321356. (Meah, Yacoob) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (nh, ) |
| 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. (nh, ) |
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