District of Minnesota • 0:26-cv-00831

Chimbo Viracucha v. Noem

Completed

Case Information

Filed: January 29, 2026
Assigned to: John M. Gerrard
Referred to: Shannon G. Elkins
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Completed: February 02, 2026
Last Activity: March 20, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 29, 2026
First PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12601952) filed by Mery Viviana Chimbo Viracucha. No summons requested. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet) (Nguyen, Khanh) Modified text on 1/29/2026 (LTT). (Entered: 01/29/2026)
Main Document: First
#2
Jan 29, 2026
NOTICE OF ATTORNEY APPEARANCE for Mery Viviana Chimbo Viracucha. (Nguyen, Khanh) (Entered: 01/29/2026)
Main Document: NOTICE
#3
Jan 29, 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 Shannon G. Elkins. Please use case number 26-cv-831 JMG/SGE.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (LTT) (Entered: 01/29/2026)
#4
Jan 29, 2026
ORDER TO SHOW CAUSE: The respondents shall, on or before February 2, 2026, make a return certifying the true cause and proper duration of the petitioner's detention and showing cause why the writ should not be granted. The petitioner may reply in support of the petition on or before February 4, 2026. The respondents are enjoined from removing the petitioner from the United States and from the District of Minnesota until further order of the Court. If the petitioner has already been removed from Minnesota, the respondents are ordered to immediately return the petitioner to Minnesota. Signed by Senior District Judge John M. Gerrard on 1/29/2026. (DCD) (Entered: 01/29/2026)
Main Document: Order to Show Cause
#5
Jan 30, 2026
NOTICE of Appearance by David W Fuller on behalf of Pamela Bondi, David Easterwood, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem, Warden. (Fuller, David) (Entered: 01/30/2026)
Main Document: Notice of Appearance
#6
Feb 02, 2026
RESPONSE to Petition for Writ of Habeas Corpus filed by Pamela Bondi, David Easterwood, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem, Warden. (Fuller, David) (Entered: 02/02/2026)
Main Document: Response to Habeas Petition
#7
Feb 02, 2026
MEMORANDUM AND OPINION (Written Opinion): The Petition for Writ of Habeas Corpus 1 is granted. The government shall, if necessary, immediately return the petitioner to the District of Minnesota. When the petitioner is in Minnesota, the government shall immediately release the petitioner from custody. No later than February 4, 2026, the government shall file a status report certifying compliance with this Order. Signed by Senior District Judge John M. Gerrard on 2/2/2026. (DCD) (Entered: 02/02/2026)
Main Document: Memorandum & Opinion
#8
Feb 02, 2026
JUDGMENT (Attachments: # 1 Civil Notice - appeal)(jak) (Entered: 02/02/2026)
Main Document: Judgment (Clerk's Office Only)
#9
Feb 04, 2026
STATUS REPORT by Pamela Bondi, David Easterwood, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem. (Fuller, David) (Entered: 02/04/2026)
Main Document: STATUS
#10
Feb 05, 2026
STATUS REPORT Status Update and Request for Return of Items by Mery Viviana Chimbo Viracucha. (Nguyen, Khanh) (Entered: 02/05/2026)
Main Document: STATUS
#11
Feb 05, 2026
(Text-Only) ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT: The government shall respond to the petitioner's request for return of property 10 on or before February 9, 2026. Ordered by Senior District Judge John M. Gerrard on 2/5/2026. (DCD) (Entered: 02/05/2026)
Feb 05, 2026
Order for Party to File Document/Respond to Court
#12
Feb 09, 2026
STATUS REPORT by Pamela Bondi, David Easterwood, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem. (Fuller, David) (Entered: 02/09/2026)
Main Document: STATUS
#13
Feb 11, 2026
MEMORANDUM AND OPINION (Written Opinion): On or before February 18, 2026, the government shall return to the petitioner all of the personal property seized from her when she was detained. If the petitioner's property hasn't been returned to her after that date, the petitioner may file a motion to hold the government in contempt, and a hearing will be scheduled. Signed by District Judge John M. Gerrard on 2/11/2026. (DCD)
Main Document: Memorandum & Opinion
#14
Mar 06, 2026
STATUS REPORT Notice of Violation of Order by Mery Viviana Chimbo Viracucha. (Attachments: # 1 Exhibit(s) Standard 2.4)(Woods, Kimberley) (Entered: 03/06/2026)
Main Document: STATUS
#15
Mar 06, 2026
NOTICE of Appearance by Kimberley Woods on behalf of Mery Viviana Chimbo Viracucha. (Woods, Kimberley) (Entered: 03/06/2026)
Main Document: NOTICE
#16
Mar 06, 2026
First DECLARATION of Mery Viviana Chimbo Viracucha re 14 Status Report by Mery Viviana Chimbo Viracucha Violation of Order. (Attachments: # 1 Exhibit(s) Property List)(Woods, Kimberley) (Entered: 03/06/2026)
Main Document: First
#17
Mar 13, 2026
IT IS ORDERED: The petitioner shall promptly contact the Magistrate Judge's chambers to schedule a contempt hearing. The Magistrate Judge shall conduct a contempt hearing and submit findings and recommendations addressing whether the government is in contempt of the Court's order and, if so, what measures should be taken to compel the government's compliance or compensate the petitioner for the damages sustained as a result of that contempt. Signed by Senior District Judge John M. Gerrard on 3/13/2026. (DCD) (Entered: 03/13/2026)
Main Document: Order Referring All Motions to Magistrate Judge
#18
Mar 17, 2026
(Text-Only) ORDER/NOTICE OF SCHEDULING of Contempt Hearing: The Court will hold a Contempt Hearing on 3/23/2026 at 01:00 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. At this hearing the parties shall present a status update regarding the Petitioner's property. On or before Friday, March 20, 2026, at 5:00 p.m. Respondents are ORDERED to file a declaration by an individual with personal knowledge pursuant to 28 U.S.C. § 1746 confirming Respondents' efforts to comply with the Court's February 11, 2026, Order requiring Respondents to return Petitioner's property by February 18, 2026. (Dkt. 13) If any confiscated documentation or property was subject to retention by Respondents or their agent(s) after release, the declaration shall identify each item that was retained and confirm that Respondents have provided certified copies of any and all such documentation to Petitioner or Petitioner's counsel. Ordered by Magistrate Judge Shannon G. Elkins on 3/17/2026. (HAM) (Entered: 03/17/2026)
Mar 17, 2026
Order/Notice of Hearing/Deadlines (Setting/Resetting)
#19
Mar 20, 2026
STATUS REPORT Items returned by Mery Viviana Chimbo Viracucha. (Attachments: # 1 Exhibit(s) Property Release Form)(Woods, Kimberley) (Entered: 03/20/2026)
Main Document: STATUS
#20
Mar 20, 2026
(Text-Only) ORDER. The Court is in receipt of the Declaration of the administrative assistant of the law office representing Petitioner which confirms that Petitioner has been returned all her property. (Dkt. 19.) Petitioner's counsel is directed to contact Magistrate Judge Elkins' chambers and Respondents' counsel by 5:00 p.m., today, March 20, 2026, stating whether the Contempt Hearing scheduled for Monday, March, 23, 2026, should be cancelled. Ordered by Magistrate Judge Shannon G. Elkins on 3/20/2026. (BH) (Entered: 03/20/2026)
#21
Mar 20, 2026
DECLARATION of Deportation Officer Geneva A. Balencia re 18 Order/Notice of Setting/Resetting Hearings/Deadlines,,,, by Pamela Bondi, David Easterwood, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem, Warden . (Fuller, David) (Entered: 03/20/2026)
Main Document: DECLARATION
#22
Mar 20, 2026
(Text-Only) ORDER. Based on the declarations [Dkts. 19, 21] and email communication from Petitioner's counsel confirming all demanded property has been returned and there are no other outstanding issues for the Court to address, the contempt hearing currently scheduled for March 23, 2026 is CANCELLED. Ordered by Magistrate Judge Shannon G. Elkins on 3/20/2026. (BH) (Entered: 03/20/2026)
Mar 20, 2026
Order Cancelling Deadline & Hearing
Mar 20, 2026
Order/Notice to Attorney