Southern District of Ohio • 1:26-cv-00069

Ortiz Gutierrez v. Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement

Active

Case Information

Filed: January 23, 2026
Assigned to: Michael Ryan Barrett
Referred to: Kimberly A. Jolson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: February 26, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 23, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AOHSDC-10858141.), filed by Melvin Oscar Ortiz Gutierrez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (Okpe, Felix) (Entered: 01/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 23, 2026
MOTION for Order to Show Cause by Defendants Pamela Bondi, Richard K Jones, Todd Lyons, Kristi Noem, Kevin Raycraft. (Attachments: # 1 Text of Proposed Order) (Okpe, Felix) (Entered: 01/23/2026)
Main Document: Show Cause
#3
Jan 25, 2026
Civil Cover Sheet Petition for Writ of Habeas Corpus by Petitioner Melvin Oscar Ortiz Gutierrez. (Okpe, Felix) Modified text on 1/26/2026 (jmt). (Entered: 01/25/2026)
Main Document: Supplemental - Supporting (non motion)
#5
Jan 26, 2026
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket 1 Petition for Writ of Habeas Corpus, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket 1 Petition for Writ of Habeas Corpus, as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 1/27/2026. (jmt) (Entered: 01/26/2026)
Main Document: Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
#6
Jan 26, 2026
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket 2 MOTION for Order to Show Cause, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket 2 MOTION for Order to Show Cause as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 1/27/2026. (jmt) (Entered: 01/26/2026)
Main Document: Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice)
#7
Jan 26, 2026
ORDER - The Court ORDERS that Respondents shall neither remove Ortiz Gutierrez from this District nor allow him to be removed from this District unless or until the Court orders otherwise. The Clerk is DIRECTED to (1) immediately serve Respondents with a copy of the petition and its accompanying papers, along with a copy of this order, by express mail and by email to the United States Attorney's Office for the Southern District of Ohio; and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. Signed by Judge Michael R. Barrett on 1/26/2026. (kkz) (Additional attachment(s) added on 1/26/2026: # 1 Email proof of service) (kkz). (Additional attachment(s) added on 1/27/2026: # 2 US Mail proof of service) (kkz). (Entered: 01/26/2026)
Main Document: Order
#8
Jan 26, 2026
MOTION to Amend/Correct 2 MOTION for Order to Show Cause by Petitioner Melvin Oscar Ortiz Gutierrez. (Attachments: # 1 Text of Proposed Order) (Okpe, Felix) (Entered: 01/26/2026)
Main Document: Amend/Correct
Jan 26, 2026
Clerk's Notice for Consent to MJ Jurisdiction
Jan 26, 2026
NOTICE of Hearing: Please be aware that a Status Conference is set for 1/29/2026 at 3:00 PM by Teleconference before Judge Michael R. Barrett. Counsel shall call 1-646-828-7666 to participate in the teleconference with Judge Michael R. Barrett. The Meeting ID is 161 529 7761, Press # to bypass the Participant ID, then enter Meeting Passcode: 434250. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (kkz)
Jan 26, 2026
CLERK'S NOTICE: In accordance with Federal Rule of Civil Procedure 73 and 28 U.S.C. 636(c), the parties are notified that if all parties consent, a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. The form may be accessed at the following link: AO-085. The consent form should be filled out, signed and filed electronically only if all parties wish to consent. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent form unless all parties have signed the consent. (jmt)
Jan 26, 2026
Notice of Hearing
#9
Jan 27, 2026
NOTICE of Appearance by William Bryan King, II for Respondents Acting Director, U.S. Immigration and Customs Enforcement, Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary of the U.S. Department of Homeland Security, United States Attorney General (King, William) (Entered: 01/27/2026)
Main Document: Notice of Appearance
#10
Jan 27, 2026
[Document 10] was inadvertently filed and has been restricted. The party has been notified to re-file the correct document(s). NOTICE by Petitioner Melvin Oscar Ortiz Gutierrez re 1 Petition for Writ of Habeas Corpus, (Attachments: # 1 Exhibit A -Petitioner's ID, # 2 Exhibit B-Petitioner's Work Authorization Approval Notice, # 3 Exhibit C-Petitioner's Notice of Pending Asylum and Withholding of Removal of Removal, # 4 Exhibit D-Petitioner's Notice to Appear, # 5 Exhibit E-Copy of Immigration Judge Decision, # 6 Exhibit F-Copy of Petitioner's Marriage Certificate, # 7 Exhibit G-Copy of Petitioner's U.S. Citizen Spouse Proof of Citizenship, # 8 Exhibit H-Copy of Petitioner's Spouse Military ID, # 9 Exhibit I-Copy of Petitioner's Military Spouse ID, # 10 Exhibit J-Copy of Joint Lease of Petitioner and U.S. Citizen Spouse, # 11 Exhibit K-Copy of Petitioner's Spouse Affidavit, # 12 Exhibit L-Copy of Court Docket With No Felony Conviction, # 13 Civil Cover Sheet) (Okpe, Felix) Modified text and security on 1/27/2026 (jmt). (Entered: 01/27/2026)
Main Document: Notice (Other)
#11
Jan 27, 2026
[Document 11] was inadvertently filed and has been restricted. The party has been notified to re-file the correct document(s). NOTICE by Petitioner Melvin Oscar Ortiz Gutierrez re 2 MOTION for Order to Show Cause (Attachments: # 1 Text of Proposed Order) (Okpe, Felix) Modified text and security on 1/27/2026 (jmt). (Entered: 01/27/2026)
Main Document: Notice (Other)
#12
Jan 27, 2026
NOTICE by Petitioner Melvin Oscar Ortiz Gutierrez re 1 Petition for Writ of Habeas Corpus, (Attachments: # 1 Exhibit A -Petitioner's ID, # 2 Exhibit B-Petitioner's Work Authorization Approval Notice, # 3 Exhibit C-Petitioner's Notice of Pending Asylum and Withholding of Removal of Removal, # 4 Exhibit D-Petitioner's Notice to Appear, # 5 Exhibit E-Copy of Immigration Judge Decision, # 6 Exhibit F-Copy of Petitioner's Marriage Certificate, # 7 Exhibit G-Copy of Petitioner's U.S. Citizen Spouse Proof of Citizenship, # 8 Exhibit H-Copy of Petitioner's Spouse Military ID, # 9 Exhibit I-Copy of Petitioner's Military Spouse ID, # 10 Exhibit J-Copy of Joint Lease of Petitioner and U.S. Citizen Spouse, # 11 Exhibit K-Copy of Petitioner's Spouse Affidavit, # 12 Exhibit L-Copy of Court Docket With No Felony Conviction, # 13 Civil Cover Sheet) (Okpe, Felix) (Entered: 01/27/2026)
Main Document: Notice (Other)
#13
Jan 27, 2026
NOTICE by Petitioner Melvin Oscar Ortiz Gutierrez re 2 MOTION for Order to Show Cause (Attachments: # 1 Text of Proposed Order) (Okpe, Felix) (Entered: 01/27/2026)
Main Document: Notice (Other)
#14
Jan 28, 2026
NOTICE of Appearance by Kevin James Gerrity for Respondent Warden of Butler County Jail (Gerrity, Kevin) (Entered: 01/28/2026)
Main Document: Notice of Appearance
#15
Jan 28, 2026
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Respondent Warden of Butler County Jail. (Gerrity, Kevin) (Entered: 01/28/2026)
Main Document: Dismiss for Failure to State a Claim
Jan 29, 2026
Status Conference AND ~Util - Set Deadlines AND ~Util - Terminate Motions
Jan 29, 2026
Minute Entry and NOTATION ORDER for proceedings held before Judge Michael R. Barrett: Felix Okpe appeared for Petitioner; William King appeared for the federal Respondents; no appearance for Respondent Butler County Sheriff, Richard K. Jones; the federal Respondents' Return of Writ due 2/9/2026; Petitioner's Reply to the federal Respondents' Return due 2/12/2026; Petitioner to file a response in opposition to Respondent Sheriff Jones' 15 Motion to Dismiss on 1/30/2026; Petitioner's 2 8 Motions to Show Cause and for Expedited Briefing are DENIED as moot. Signed by Judge Michael R. Barrett on 1/29/2026. (kkz)
#16
Jan 30, 2026
RESPONSE in Opposition re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Petitioner Melvin Oscar Ortiz Gutierrez. (Okpe, Felix) (Entered: 01/30/2026)
Main Document: Response in Opposition to Motion
#17
Feb 09, 2026
RETURN of Writ re 1 Petition for Writ of Habeas Corpus, by Respondents Acting Director, U.S. Immigration and Customs Enforcement, Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary of the U.S. Department of Homeland Security, United States Attorney General. (Attachments: # 1 Exhibit A-Immigration Detainer_Redacted, # 2 Exhibit B-I 213 Record of Deportable - Inadmissible Alien_Redacted, # 3 Exhibit C-2019 NTA Packet_Redacted, # 4 Exhibit D-IJ Written Decision, # 5 Exhibit E-Notice of Filing I-589, # 6 Exhibit F-Motion for Bond Redetermination_Redacted, # 7 Exhibit G-Master Hearing Notice Jan 28, # 8 Exhibit H-February 4 Master Hearing Notice, # 9 Exhibit I-March 19 Master Hearing Notice) (King, William) (Entered: 02/09/2026)
Main Document: Return of Writ (Answer)
#18
Feb 12, 2026
REPLY to Respondent's Answer re 17 Return of Writ (Answer),,, by Petitioner Melvin Oscar Ortiz Gutierrez. (Attachments: # 1 Exhibit A-Warrant for Arrest of Alien, # 2 Exhibit B-Notice of Custody Determination) (Okpe, Felix) (Entered: 02/12/2026)
Main Document: Reply to Respondent's Answer (Traverse)
#19
Feb 18, 2026
ORDER GRANTING 1 Ortiz Gutierrez's petition for a writ of habeas corpus; DENYING Respondents' motion to dismiss; and DENYING as moot Respondent Jones' motion to dismiss. Signed by Judge Michael R. Barrett on 2/18/2026. (kkz)
Main Document: Order AND ~Util - Terminate Motions
#20
Feb 24, 2026
Emergency MOTION to Enforce Habeas Corpus Order, for Conditional Release, or for Relief Pending Enforcement re 19 Order,, Terminate Motions, by Petitioner Melvin Oscar Ortiz Gutierrez. (Attachments: # 1 Exhibit 1-Order of Immigration Judge, # 2 Text of Proposed Order) (Okpe, Felix) (Entered: 02/24/2026)
Main Document: Miscellaneous Relief
#21
Feb 25, 2026
ORDER TO SHOW CAUSE- Respondents are ORDERED to file, prior to 5:00 PM EST on February 26, 2026, a response addressing whether the government bore the burden of proof before the IJ that Petitioner poses a flight risk or a danger to the community. Signed by Judge Michael R. Barrett on 2/25/2026. (kkz) (Entered: 02/25/2026)
Main Document: Order to Show Cause
#22
Feb 25, 2026
NOTICE of Appearance by Matthew Joseph Horwitz for Respondents Acting Director, U.S. Immigration and Customs Enforcement, Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary of the U.S. Department of Homeland Security, United States Attorney General, Interested Party United States of America (Horwitz, Matthew) (Entered: 02/25/2026)
Main Document: Notice of Appearance
#23
Feb 25, 2026
RESPONSE in Opposition to Motion re 20 Emergency MOTION to Enforce Habeas Corpus Order, for Conditional Release, or for Relief Pending Enforcement re 19 Order, Terminate Motions, And Response to Order to Show Cause ECF No. 21 filed by Respondents Acting Director, U.S. Immigration and Customs Enforcement, Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary of the U.S. Department of Homeland Security, United States Attorney General, Interested Party United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Horwitz, Matthew) Modified Docket Text on 2/26/2026 (bjc). (Entered: 02/25/2026)
Main Document: Response to Motion
#24
Feb 25, 2026
REPLY to Response to Motion re 20 Emergency MOTION to Enforce Habeas Corpus Order, for Conditional Release, or for Relief Pending Enforcement re 19 Order,, Terminate Motions, filed by Petitioner Melvin Oscar Ortiz Gutierrez. (Okpe, Felix) (Entered: 02/25/2026)
Main Document: Reply to Response to Motion
#25
Feb 26, 2026
ORDER DISCHARGING 21 the Court's February 25 order and DENYING 20 Petitioner's Emergency Motion to Enforce Habeas Corpus Order. Signed by Judge Michael R. Barrett on 2/26/2026. (kkz)
Main Document: Order AND ~Util - Terminate Motions
#26
Feb 26, 2026
Judgment - Clerk
Main Document: Judgment - Clerk