E.C. v. Mullin et al
| C. D. E.C. |
| Markwayne Mullin, Robert F. Kennedy, Jr., Acting Director Angie Salazar and Executive Director David Sinski |
| 1:2026cv06321 |
| May 29, 2026 |
| U.S. District Court for the Northern District of Illinois |
| Joan H Lefkow |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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| Document Text |
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| Filing 10 MINUTE entry before the Honorable Joan H. Lefkow: Pursuant to the notice of voluntary dismissal #9 , this case is dismissed without prejudice with each party to bear its own costs and fees. Status hearing date is stricken. Motions are terminated as moot. Civil case terminated. Mailed notice (ags) |
| Filing 9 NOTICE of Voluntary Dismissal by C. D. E.C. (Choe, Sarah) |
| Filing 8 DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, David Sinski (Gilpin, Geoffrey) |
| Filing 7 DESIGNATION of Temilade Oduala as U.S. Attorney for Respondents Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, David Sinski (Oduala, Temilade) |
| Filing 6 DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, David Sinski (Press, Joshua) |
| Filing 5 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, David Sinski (Oswald, Craig) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice on behalf of C. D. E.C. by Sarah Haeyoung Choe; Filing fee $ 150, receipt number AILNDC-25185297. (Choe, Sarah) |
Filing 3
ORDER: Petitioner C.D.E.C., an unaccompanied immigrant child (UIC), has filed a 28 U.S.C. 2241 habeas corpus petition challenging his present detention in the Office of Refugee Resettlement (ORR) custody. Respondents are ordered to respond to the habeas corpus petition by June 10, 2026. C.D.E.C. shall reply by June 17, 2026. The court notes that habeas corpus relief has been recently granted for similar immigration detainees by other judges of the Northern District of Illinois in A.N.P.S. v. Salazar, No. 25 C 14778 (Rowland, J.) and E.F.E.L. v. Noem, No. 26 C 2507 (Coleman, J.). The court shall leave it to the parties to consider the relevance of these recent decisions, if any, to the instant case. In addition, respondents shall make a preliminary filing by June 3, 2026, stating: (1) whether C.D.E.C. was located in the Northern District of Illinois at the time this case was filed; (2) the current status of C.D.E.C.'s immigration proceedings; and (3) C.D.E.C.'s current location and proper respondents based on that location. Pursuant to the court's authority under the All Writs Act, 28 U.S.C. 1651, the government is ordered not to remove C.D.E.C. 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)) ("[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 C.D.E.C. 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 C.D.E.C. as long as respondents intend to hold C.D.E.C. within the United States. Instead, the parties and the court will address the issue after the respondents make 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 June 17, 2026 at 9:30 a.m., in Courtroom 2201. Signed by the Honorable Joan H. Lefkow on 5/29/2026. Mailed notice (ags)
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| Filing 2 CIVIL Cover Sheet (Roth, Charles) |
| Filing 1 PETITION for writ of habeas corpus filed by C. D. E.C. against Robert F. Kennedy, Jr, Markwayne Mullin, Angie Salazar, David Sinski Filing fee $ 5, receipt number AILNDC-25181750. (Roth, Charles) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (jm, ) |
| 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. (jm, ) |
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