P.L. v. Salazar et al
| K. A. P.L. |
| America Cervantes, Antonio Gonzalez, Guadalupe Delgado and Angie Salazar |
| 1:2026cv02477 |
| March 5, 2026 |
| U.S. District Court for the Northern District of Illinois |
| Georgia N Alexakis |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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| Document Text |
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| Filing 21 MEMORANDUM by America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar in support of motion to dismiss #20 Memorandum is support of Motion to Dismiss (Gilpin, Geoffrey) |
| Filing 20 MOTION by Respondents Antonio Gonzalez, America Cervantes, Angie Salazar, Guadalupe Delgado to dismiss as Moot (Gilpin, Geoffrey) |
| Filing 19 MINUTE entry before the Honorable Georgia N. Alexakis: Status hearing held on 3/30/2026. For reasons stated on the record, the Court sets the following briefing schedule on respondent's motion to dismiss on mootness grounds: Respondent's motion is due by 4/20/2026; Petitioner's response is due by 5/4/2026; Respondent's reply is due by 5/18/2026. The Court intends to rule via CM/ECF. Mailed notice. (sxh, ) |
| Filing 18 MINUTE entry before the Honorable Georgia N. Alexakis: The Court has reviewed the parties' joint status report #17 . It reflects that Petitioner was released to his mother before 9 a.m. on 3/19/2026. The parties sent email correspondence to the Courtroom Deputy on 3/18/2026 reflecting this information as well. The Court sets a status hearing for 3/30/2026 at 9 a.m. to discuss next steps in these proceedings. If the parties would like to proceed telephonically for that status hearing, they are invited to contact the Courtroom Deputy for dial-in information. Mailed notice. (sxh, ) |
| Filing 17 STATUS Report (Joint) by America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar (Press, Joshua) |
| Filing 16 MINUTE entry before the Honorable Georgia N. Alexakis: Telephonic status hearing held. The parties updated the Court on the status of the case and answered questions that the Court posed in light of the parties' recent filings. Petitioner's petition #1 remains under advisement. The Court intends to rule at 9 a.m. on 3/19/2026. If Petitioner is released to his sponsor before then, the parties are directed to notify the Court via a joint email to the interim Courtroom Deputy, followed by the filing of a status report on the docket. Mailed notice. (kp, ) |
| Filing 15 REPLY by K. A. P.L. to Response #13 , PETITION for writ of habeas corpus filed by K. A. P.L. against America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar Filing fee $ 5, receipt number AILNDC-24809778. #1 (Hoover, Laura) |
| Filing 14 MINUTE entry before the Honorable Georgia N. Alexakis:The Court has reviewed Respondent's response #13 to Petitioner's petition #1 . The Court sets a telephonic status hearing for 3/17/26 at 1 p.m. to discuss questions arising from the response and Petitioner's anticipated reply. The Court expects Respondent to be prepared to answer the following question: given that Petitioner's sponsor has provided a complete application and submitted to a background check, a home study, a child abuse and neglect check, and a DNA test, #13 at 2; [13-1] 2330; that ORR received the home study report approximately one week ago, [13-1] 30; and Petitioner's ORR-appointed Child Advocate has recommended that Petitioner be reunited with his mother "without further delay," #9 at 1, does Respondent expect to release Petitioner to Sponsor and, if so, when? Parties can joint the hearing by dialing 650-479-3207 access code 2300 875 1799. Mailed notice (sxh, ) |
| Filing 13 RESPONSE by Respondents America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar Response to Habeas (Attachments: #1 Declaration Dir. Biswas Decl.)(Gilpin, Geoffrey) |
| Filing 12 MINUTE entry before the Honorable Georgia N. Alexakis: The Court grants Respondent's unopposed motion for leave to file excess pages #10 . The reply brief can be up to 30 pages long. The Court vacates the presentment hearing on 3/19/2026. Mailed notice. (sxh, ) |
| Filing 11 NOTICE of Motion by Craig Arthur Oswald for presentment of motion for leave to file excess pages, #10 before Honorable Georgia N. Alexakis on 3/19/2026 at 09:30 AM. (Oswald, Craig) |
| Filing 10 MOTION by Respondents America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar for leave to file excess pages Respondents' Unopposed Motion for Leave to File Response in Excess of Local Rule 7.1 Page Limit. (Oswald, Craig) |
| Filing 9 SEALED DOCUMENT by Petitioner K. A. P.L. (Hoover, Laura) |
| Filing 8 MINUTE entry before the Honorable Georgia N. Alexakis: Telephonic status hearing held on 3/9/2026. For reasons stated on the record, Respondent's response to the petition for writ of habeas corpus #1 is due by 3/13/2026; Petitioner's reply is due by 3/16/2026. Depending on the briefs filed, the Court will either rule via CM/ECF or schedule a hearing if more questions need to be asked before it can rule. If Petitioner is released from Respondent's custody before the Court resolves the petition, the parties are to notify the Court via email correspondence sent to [email protected], followed with a more formal filing on the docket. With no objection, the Court grants Petitioner's oral motion for leave to file under seal the best interests determination of petitioner's child advocate. Mailed notice. (jcc,) |
| Filing 7 MINUTE entry before the Honorable Georgia N. Alexakis: The parties can use the following dial-in information in order to join the hearing on 3/9/2026: 1-650-479-3207, access code 2300 000 6287. Mailed notice. (sxh, ) |
| Filing 6 DESIGNATION of Temilade Oduala as U.S. Attorney for Respondents America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar (Oduala, Temilade) |
| Filing 5 DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar (Gilpin, Geoffrey) |
| Filing 4 DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar (Press, Joshua) |
| Filing 3 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar (Oswald, Craig) |
| Filing 2 MINUTE entry before the Honorable Georgia N. Alexakis: Petitioner has filed a 28 U.S.C. 2241 habeas corpus petition challenging petitioner's present detention in the custody of Respondents. The Court sets a telephonic status hearing for 3/9/2026 at 9:15 a.m. Dial-in information to follow in a separate minute entry. At the telephonic status hearing, Respondents must be prepared to provide the following information: (1) whether Petitioner was located in the Northern District of Illinois at the time the habeas petition was filed; (2) the current status of Petitioner's immigration and custody-related 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, Respondents are ordered not to remove Petitioner from the jurisdiction of the United States and not to transfer Petitioner 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)) ("[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 Petitioner within the United States. Instead, the parties and the Court will address the issue at the 3/9/2026 hearing. 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. Emailed notice (cn). |
| Filing 1 PETITION for writ of habeas corpus filed by K. A. P.L. against America Cervantes, Guadalupe Delgado, Antonio Gonzalez, Angie Salazar Filing fee $ 5, receipt number AILNDC-24809778. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Hoover, Laura) |
| CASE ASSIGNED to the Honorable Georgia N. Alexakis. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (vw) |
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E-MAILED Minute Order #2 to Tom Walsh ([email protected]) |
| 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. (vw) |
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