District of Minnesota • 0:26-cv-00546

Velasco Hurtado v. Bondi

Completed

Case Information

Filed: January 22, 2026
Assigned to: John M. Gerrard
Referred to: Douglas L. Micko
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Completed: January 24, 2026
Last Activity: June 12, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 22, 2026
PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12562644) filed by J.C.V., Luis Fernando Chulca Chiluisa, V.C.V, Maria Fernanda Velasco Hurtado. No summons requested. (Attachments: # 1 Civil Cover Sheet) (Clark, Brian) Modified text on 1/22/2026 (ABR). (Entered: 01/22/2026)
Main Document: PETITION
#2
Jan 22, 2026
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John M. Gerrard per Civil (3rd, 4th - Prisoner: Alien Detainee Habeas) list, referred to Magistrate Judge Douglas L. Micko. Please use case number 26-cv-546 (JMG/DLM).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (ABR) (Entered: 01/22/2026)
#3
Jan 22, 2026
(Text-Only) Notice re: Non-Admitted AttorneyWe have received documents listing Kristie LaSalle as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (ABR) (Entered: 01/22/2026)
#4
Jan 22, 2026
ORDER TO SHOW CAUSE: The respondents shall, within three business days of being served, make a return certifying the true cause and proper duration of the petitioners' detention and showing cause why the writ should not be granted. The petitioners may reply in support of their petition within three business days of the respondents' return. The respondents are enjoined from removing the petitioners from the United States or from the District of Minnesota until further order of the Court. If the petitioners have already been removed from Minnesota, the respondents are ordered to immediately return the petitioners to Minnesota. Signed by Senior District Judge John M. Gerrard on 1/22/2026. (DCD) (Entered: 01/22/2026)
Main Document: Order to Show Cause
#5
Jan 22, 2026
AFFIDAVIT of Service by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado re 1 Petition for Writ of Habeas Corpus, 4 Order to Show Cause,, (Clark, Brian) (Entered: 01/22/2026)
Main Document: AFFIDAVIT
#6
Jan 23, 2026
NOTICE of Appearance by Jacob Edward Lanthier on behalf of Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Lanthier, Jacob) (Entered: 01/23/2026)
Main Document: NOTICE
#7
Jan 23, 2026
MOTION for Admission Pro Hac Vice for Attorney Kristie A. LaSalle. Filing fee $ 150, receipt number AMNDC-12570666 filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Clark, Brian) (Entered: 01/23/2026)
Main Document: MOTION
#8
Jan 24, 2026
Emergency MOTION for Contempt and to Enforce the Court's Order to Show Cause and Release Petitioners from Custody filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Clark, Brian) (Entered: 01/24/2026)
Main Document: Emergency MOTION
#9
Jan 24, 2026
PROPOSED ORDER TO JUDGE re Emergency Motion for Contempt and to Enforce the Court's Order to Show Cause and Release Petitioners from Custody 8 Motion for Contempt. (Clark, Brian) (Entered: 01/24/2026)
Main Document: PROPOSED
#10
Jan 24, 2026
NOTICE OF HEARING ON MOTION 8 Emergency MOTION for Contempt and to Enforce the Court's Order to Show Cause and Release Petitioners from Custody : Date and time to be determined. (Clark, Brian) (Entered: 01/24/2026)
Main Document: NOTICE
#11
Jan 24, 2026
MEMORANDUM in Support re 8 Emergency MOTION for Contempt and to Enforce the Court's Order to Show Cause and Release Petitioners from Custody filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Clark, Brian) (Entered: 01/24/2026)
Main Document: MEMORANDUM
#12
Jan 24, 2026
Declaration of Laura M. Matson in Support of 8 Emergency MOTION for Contempt and to Enforce the Court's Order to Show Cause and Release Petitioners from Custody filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado.(Clark, Brian) (Entered: 01/24/2026)
Main Document: Declaration
#13
Jan 24, 2026
NOTICE of Appearance by Jesus Cruz Rodriguez on behalf of Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Cruz Rodriguez, Jesus) (Entered: 01/24/2026)
Main Document: NOTICE
#14
Jan 24, 2026
RESPONSE to Petition for Writ of Habeas Corpus filed by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Cruz Rodriguez, Jesus) (Entered: 01/24/2026)
Main Document: RESPONSE
#15
Jan 24, 2026
Reply to Response to Motion re 8 Emergency MOTION for Contempt and to Enforce the Court's Order to Show Cause and Release Petitioners from Custody - Reply in Support of Emergency Motion ffor Contempt and to Enforce the Court's Order to Show Cause and Release Petitioners from Custody filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado.(Clark, Brian) (Entered: 01/24/2026)
Main Document: Reply
#16
Jan 24, 2026
REPLY re 4 Order to Show Cause,, in Support of Petition for Habeas Corpus filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Clark, Brian) (Entered: 01/24/2026)
Main Document: REPLY
#17
Jan 24, 2026
DECLARATION of Brian D. Clark re 16 Reply, by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado . (Attachments: # 1 Exhibit(s) A - DHS Press Release)(Clark, Brian) (Entered: 01/24/2026)
Main Document: DECLARATION
#18
Jan 24, 2026
MEMORANDUM AND ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS: The Petition for Writ of Habeas Corpus 1 is granted. The petitioners' Motion for Contempt 8 is denied as moot. The government shall immediately return the petitioners to the District of Minnesota. After returning the petitioners to Minnesota, the government shall immediately release them from custody. No later than January 26, 2026, the government shall file a status report certifying compliance with this Order. Signed by Senior District Judge John M. Gerrard on 1/24/2026. (DCD) (Entered: 01/24/2026)
Main Document: Order on Motion for Contempt
#19
Jan 25, 2026
JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MKB) (Entered: 01/25/2026)
Main Document: Judgment (Clerk's Office Only)
#20
Jan 27, 2026
(Text-Only) STATUS REPORT ORDER: The Court has been advised that the petitioners have been returned to Minnesota and released from custody in compliance with the Court's January 24 order. The government is reminded of its obligation, pursuant to that order, to promptly file a status report certifying such compliance. Signed by Senior District Judge John M. Gerrard on 1/27/2026. (DCD) (Entered: 01/27/2026)
#21
Jan 27, 2026
STATUS REPORT by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Cruz Rodriguez, Jesus) (Entered: 01/27/2026)
Main Document: STATUS
Jan 27, 2026
Status Report Order
#22
Jan 29, 2026
(Text-Only) ORDER granting 7 Motion for Admission Pro Hac Vice of Attorney Kristie A. LaSalle for Luis Fernando Chulca Chiluisa, for J.C.V., for V.C.V., and, for Maria Fernanda Velasco Hurtado. Approved by Magistrate Judge Douglas L. Micko on 1/29/2026. (CNO) (Entered: 01/29/2026)
Jan 29, 2026
Order on Motion for Admission Pro Hac Vice
#23
Feb 03, 2026
(Text-Only) NOTICE TO ATTORNEY: A petitioner seeking release from immigration detention shall be awarded costs and reasonable attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), unless the Court finds that the government's position was substantially justified or that special circumstances make an award unjust. See Michelin v. Warden Moshannon Valley Corr. Ctr., No. 24-2990, 2026 WL 263483 (3d Cir. Feb. 2, 2026); see also, e.g., Yeferson G.C. v. Easterwood, No. 25-CV-4814, 2026 WL 207266, at *3 (D. Minn. Jan. 21), report and recommendation adopted, 2026 WL 209825 (D. Minn. Jan. 27, 2026); Mairena-Munguia v. Arnott, No. 25-CV-3318, 2025 WL 3229132, at *5 (W.D. Mo. Nov. 19, 2025); cf. Bah v. Cangemi, 548 F.3d 680 (8th Cir. 2008) (evaluating the merits of immigration habeas petitioner's EAJA claim). Any motion for costs and fees pursuant to the EAJA in this case should be filed within 30 days of the entry of judgment. See § 2412(d)(1)(B). Ordered by Senior District Judge John M. Gerrard. (DCD) (Entered: 02/03/2026)
#24
Feb 19, 2026
MOTION for Additional Relief filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Matson, Laura) (Entered: 02/19/2026)
Main Document: MOTION
#25
Feb 19, 2026
Declaration of Laura M. Matson in Support of 24 MOTION for Additional Relief filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Matson, Laura) (Entered: 02/19/2026)
Main Document: Declaration
#26
Feb 19, 2026
(Text-Only) ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT: The government shall respond to the petitioners' motion for additional relief 24 on or before February 26, 2026. Ordered by Senior District Judge John M. Gerrard on 2/19/2026. (DCD) (Entered: 02/19/2026)
#27
Feb 19, 2026
OBJECTION re 26 Order to Party File Document/Respond to Court, TO MOTION AND MEMORANDUM FOR ADDITIONAL RELIEF. (Cruz Rodriguez, Jesus) (Entered: 02/19/2026)
Main Document: OBJECTION
#28
Feb 19, 2026
(Text-Only) ORDER in Response to 27 Objection. The government's objection 27 is sustained in part. The petitioners shall promptly file and serve a supplemental list of any property they want returned that is not already expressly identified in their motion 24 for additional relief. In the absence of such a supplemental list, it will be presumed that the petitioners' request for return of property is limited to the items specifically identified in their motion. The government's response to the petitioners' motion, due on or before February 26, 2026, shall either confirm that the property has been returned or update the Court on the government's attempts to locate it. Ordered by Senior District Judge John M. Gerrard on 2/19/2026. (DCD) (Entered: 02/19/2026)
Feb 19, 2026
Order in Response to Letter/Request/E-mail
Feb 19, 2026
Order for Party to File Document/Respond to Court
#29
Feb 24, 2026
MOTION Motion and Memorandum in Support of Petitioners' Request for Attorneys' Fees and Expenses Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Matson, Laura) (Entered: 02/24/2026)
Main Document: MOTION
#30
Feb 24, 2026
Declaration of Laura M. Matson in Support of 29 MOTION Motion and Memorandum in Support of Petitioners' Request for Attorneys' Fees and Expenses Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) filed by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Matson, Laura) (Entered: 02/24/2026)
Main Document: Declaration
#31
Feb 24, 2026
RESPONSE by Luis Fernando Chulca Chiluisa, J.C.V., V.C.V., Maria Fernanda Velasco Hurtado re 27 Objection to Motion for Additional Relief. (Matson, Laura) (Entered: 02/24/2026)
Main Document: RESPONSE
#32
Feb 24, 2026
STATUS REPORT by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Cruz Rodriguez, Jesus) (Entered: 02/24/2026)
Main Document: STATUS
#33
Feb 24, 2026
ORDER granting 24 Motion for Additional Relief. The petitioners' motion for additional relief (filing 24) is granted. The government is enjoined from enforcing any conditions of release imposed upon the petitioners' January 26, 2026 release from custody that did not predate their January 22, 2026 detention. The government is ordered to return the petitioners' missing property to them, or their counsel, upon demand. If the government fails to comply with this order in any respect, the petitioners may file a motion to hold the government in contempt, and a hearing will be scheduled. Signed by Senior District Judge John M. Gerrard on 2/24/2026. (DCD) (Entered: 02/24/2026)
Main Document: Order on Motion for Miscellaneous Relief
#34
Mar 16, 2026
MEMORANDUM in Opposition re 29 MOTION Motion and Memorandum in Support of Petitioners' Request for Attorneys' Fees and Expenses Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) filed by Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Cruz Rodriguez, Jesus) (Entered: 03/16/2026)
Main Document: MEMORANDUM
#35
Mar 17, 2026
VACATED - MEMORANDUM AND OPINION granting 29 Motion for Attorney's Fees and Costs (Written Opinion). The petitioners' motion for attorney's fees and costs under the EAJA 29 is granted. The petitioners are awarded attorney fees and costs in the sum of $35,324.69. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Senior District Judge John M. Gerrard on 3/17/2026. (DCD) Modified text on 6/12/2026 (DCD). (Entered: 03/17/2026)
Main Document: Order on Motion for Miscellaneous Relief
#36
Mar 18, 2026
VACATED - JUDGMENT in favor of J.C.V., V.C.V., Luis Fernando Chulca Chiluisa, Maria Fernanda Velasco Hurtado against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, David Easterwood, Kristi Noem, Pamela Bondi, Todd M. Lyons. (Attachments: # 1 Civil Notice - appeal)(LTT) Modified text on 6/12/2026 (DCD). (Entered: 03/18/2026)
Main Document: Judgment (Clerk's Office Only)
#37
Apr 09, 2026
NOTICE of Appearance by David R. Hackworthy on behalf of Pamela Bondi, David Easterwood, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Hackworthy, David) (Entered: 04/09/2026)
Main Document: NOTICE
#38
May 15, 2026
LETTER to Request Permission to File Motion to Reconsider . (Hackworthy, David) (Entered: 05/15/2026)
Main Document: LETTER
#39
May 15, 2026
(Text-Only) BRIEFING ORDER granting 38 request to file motion to reconsider. The government may file its proposed motion to reconsider on or before May 19, 2026. The scope of that motion shall be limited to the Court's order 35 and judgment 36 awarding attorney's fees and costs. The petitioner may respond to any such motion on or before June 2, 2026. The government may reply in support of its motion on or before June 9, 2026, at which time the motion will be submitted. Ordered by Judge John M. Gerrard on 5/15/2026. (DCD) (Entered: 05/15/2026)
May 15, 2026
Briefing Order
#40
May 21, 2026
STIPULATION on Fee Award by Todd Blanche, David Easterwood, Todd M. Lyons, Markwayne Mullin, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Hackworthy, David) (Entered: 05/21/2026)
Main Document: STIPULATION
#41
Jun 12, 2026
(Text-Only) ORDER on 40 Stipulation. The parties' stipulation 40 is approved. The Court's memorandum and opinion 35 and judgment 36 awarding attorney's fees are vacated. Ordered by Judge John M. Gerrard on 6/12/2026. (DCD) (Entered: 06/12/2026)
Jun 12, 2026
Order on Stipulation