Northern District of Ohio • 4:25-cv-01809

#1

Aug 29, 2025

Petition under 28 USC 2241 for Writ of Habeas Corpus by a person in federal custody. Filing fee paid, $405.00. Receipt # AOHNDC-13266771. Filed by Claudy Dornveil. (P,R) (Additional attachment(s) added on 8/29/2025: # 1 Civil Cover Sheet, # 2 Summons) (P,R). Modified on 9/19/2025 to change docket text to match document; filing is a petition and not a complaint as submitted by attorney. Filer notified regarding filing fee (S,He). (Entered: 08/29/2025)

#2

Sep 02, 2025

Original Summons issued to counsel for service upon Kristi Noem, Douglas Fender, Robert Lynch, Todd Lyons, and Pamela Bondi. (D,Ju) (Entered: 09/02/2025)

Sep 02, 2025

Judge Benita Y. Pearson assigned to case. (D,Ju)

Sep 02, 2025

Random Assignment of Magistrate Judge

Sep 02, 2025

Utility Event

Sep 02, 2025

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (D,Ju)

#3

Sep 03, 2025

Attorney Appearance by Kathryn Gaughan Andrachik filed by on behalf of Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of ) Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 09/03/2025)

#4

Sep 05, 2025

Order For the reasons set forth herein, Petitioner shall serve Respondents-Defendants forthwith. In accordance with 28 U.S.C. § 2243, Respondents-Defendants shall respond to Petitioner's Complaint on or before 9/10/2025. Petitioner shall reply on or before 9/15/2025. Judge Benita Y. Pearson on 9/5/2025. (JLG) (Entered: 09/05/2025)

#5

Sep 10, 2025

Motion to dismiss and Return of Writ filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Order of Dismissal)(Andrachik, Kathryn) (Entered: 09/10/2025)

#6

Sep 15, 2025

Reply to response to 5 Motion to dismiss and Return of Writ Reply to Motion filed by Claudy Dornveil. (Attachments: # 1 Exhibit - BIA processing times)(Barnacle, Patrick) (Entered: 09/15/2025)

#7

Sep 24, 2025

Memorandum of Opinion and Order To ensure fair and orderly consideration of this matter and resolve all contested issues, it is hereby ordered that: 1. Respondent's Motion to Dismiss and Return of Writ (ECF No. 5 ) are stayed pending further review. 2. Petitioner shall not be deported, removed, or otherwise transferred outside the United States until further order of this Court. 3. Petitioner shall not be transferred to another district unless the Government provides advance notice of the intended move. Such notice shall be filed in writing on the docket in this action and shall state why the government believes that such a movement is necessary and should not be stayed pending further court proceedings. Once that notice has been docketed, Petitioner shall not be moved out of the Northern District of Ohio for a period of at least 48 hours from the time of that docketing. 4. The Government shall file a notice in writing on the docket no later than 9/26/2025 stating: (1) the name of the facility in which Petitioner is confined; (2) Petitioner's corresponding A-Number under the Executive Office of Immigration Review; and (3) a status update on Petitioner's removal proceedings and asylum application under humanitarian parole or any other statutory or administrative program. Judge Benita Y. Pearson on 9/24/2025. (JLG) (Entered: 09/24/2025)

#8

Sep 25, 2025

Notice filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. Related document(s) 7 .(Andrachik, Kathryn) (Entered: 09/25/2025)

#9

Oct 17, 2025

Return of Service by Clerk by Certified Mail executed upon Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement on 9/8/2025; Attorney General of the United States and the senior official of the U.S. Department of Justice on 9/8/2025; Director of the U.S. Department of Homeland Security on 9/8/2025; Douglas Fender on 9/5/2025; Secretary of the U.S. Department of Homeland Security on 9/8/2025 filed on behalf of Claudy Dornveil (Attachments: # 1 Envelope USPS Tracking Receipt, # 2 Envelope USPS Tracking Receipt, # 3 Envelope USPS Tracking Receipt, # 4 Envelope USPS Tracking Receipt, # 5 Envelope USPS Tracking Receipt, # 6 Envelope USPS Tracking Receipt)(Barnacle, Patrick) (Entered: 10/17/2025)

#10

Nov 07, 2025

Order For the reasons set forth herein, Petitioner's Petition for a Writ of Habeas Corpus (ECF No. 1 ) and Respondents' Return of Writ and Motion to Dismiss (ECF No. 5 ) are hereby stayed. Each week, beginning on 11/7/2025, Respondents shall provide the Court with Petitioner's detailed immigration status and the scope of his pending proceedings before the EOIR via docket entry. No later than 11/13/2025, Petitioner shall show cause as to: (1) why Count 1 should not be dismissed for lack of standing; (2) why Count 3 and Count 4 should not be dismissed as moot; (3) whether Petitioner has received individualized consideration justifying his detention; and (4) Petitioner's desired relief under his designation of regular instead of expedited removal status. Respondents shall respond by 11/14/2025. Petitioner shall reply by 11/15/2025. The requirements of the Order issued 9/24/2025 (ECF No. 7 ) remain in effect. Judge Benita Y. Pearson on 11/7/2025. (JLG) (Entered: 11/07/2025)

#11

Nov 10, 2025

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 11/10/2025)

#12

Nov 13, 2025

Response - Show Cause filed by Claudy Dornveil. (Attachments: # 1 Exhibit 1 - Original 589 Asylum Application, # 2 Exhibit 2 - Form I-862 Notice to Appear, # 3 Exhibit 3 - Form I-831 Record of Inadmissible Alien, # 4 Exhibit 4 - New 589 Asylum Application) (Barnacle, Patrick) (Entered: 11/13/2025)

#13

Nov 14, 2025

Response to Petitioner's Show Cause filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. Related document(s) 12 . (Attachments: # 1 Exhibit 1 - Border I-213, # 2 Exhibit 2 - Notice and Order of Expedited Removal, # 3 Exhibit 3 - Dismissal Order, # 4 Exhibit 4 - I-213, # 5 Exhibit 5 - NTA) (Andrachik, Kathryn) (Entered: 11/14/2025)

#14

Nov 18, 2025

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 11/18/2025)

#15

Nov 25, 2025

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 11/25/2025)

#16

Dec 05, 2025

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 12/05/2025)

#17

Dec 12, 2025

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 12/12/2025)

#18

Dec 17, 2025

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 12/17/2025)

#19

Dec 23, 2025

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 12/23/2025)

#20

Dec 31, 2025

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 12/31/2025)

#21

Jan 07, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 01/07/2026)

#22

Jan 15, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 01/15/2026)

#23

Jan 22, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 01/22/2026)

#24

Jan 28, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 01/28/2026)

#25

Feb 03, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 02/03/2026)

#26

Feb 11, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 02/11/2026)

#27

Feb 17, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 02/17/2026)

#28

Feb 26, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 02/26/2026)

#29

Feb 26, 2026

Memorandum of Opinion and Order The Petition for a Writ of Habeas Corpus (ECF No. 1 ) and Respondents' Motion to Dismiss (ECF No. 5 ) are each granted in part and denied in part as set forth herein. Therefore, the Court Orders that: (A) Within 7 days of this Order, Respondents shall grant Petitioner a post-deprivation hearing at which an immigration judge shall determine whether Respondents have demonstrated by clear and convincing evidence that Petitioner poses a danger to the community or a risk of flight. His counsel shall be present at that hearing. (B) Within 1 day of that hearing, Respondents shall file a status report with the Court outlining the outcome of the hearing and include a copy of the immigration judge' ;s determination. (C) If the immigration judge determines that Respondents have not demonstrated by clear and convincing evidence that Petitioner poses a danger to the community or a risk of flight, he shall be immediately released from custody while undergoing formal removal. (D) If Respondents disclaim authority to conduct an individualized assessment of Petitioner, he shall be immediately released from custody. (E) If Petitioner is released from custody, Respondents shall not arrest or detai n him absent constitutional and statutory compliance including, at minimum, a pre-deprivation notice describing the change of circumstances requiring the arrest and detention, and a timely hearing. (F) No costs or fees are assessed. Judge Benita Y. Pearson on 2/26/2026. (JLG)

#30

Mar 05, 2026

Statement of Facts filed by Claudy Dornveil. (Attachments: # 1 Exhibit Order of Immigration Judge)(Barnacle, Patrick) (Entered: 03/05/2026)

#31

Mar 06, 2026

Status Report filed by Acting Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States and the senior official of the U.S. Department of Justice, Director of the U.S. Department of Homeland Security, Secretary of the U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 6 - Order of the Immigration Judge)(Andrachik, Kathryn) (Entered: 03/06/2026)

#32

Mar 06, 2026

Judgment Entry For the reasons set forth in the Memorandum of Opinion and Order entered on 2/26/2026, ECF No. 29, the Court hereby enters judgment in favor of Petitioner pursuant to Fed. R. Civ. P. 58. Judge Benita Y. Pearson on 3/6/2026. (JLG) (Entered: 03/06/2026)