Northern District of Illinois • 1:26-cv-02200

Patel v. Noem

Completed

Case Information

Filed: February 26, 2026
Assigned to: Mary M Rowland
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: July 01, 2026
Last Activity: July 02, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 26, 2026
PETITION for writ of habeas corpus filed by Darshan R Patel against Kristi Noem, Samuel Olson Filing fee $ 5, receipt number AILNDC-24779714. (Attachments: # 1 Civil Cover Sheet Civil Cover sheet, # 2 Appendix Appendix, # 3 Exhibit A)(Osuna, Khiabett) (Entered: 02/26/2026)
Main Document: Petition for Writ of Habeas Corpus
Feb 26, 2026
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. (ee, )
Feb 26, 2026
CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (ee, )
#2
Feb 27, 2026
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Press, Joshua) (Entered: 02/27/2026)
Main Document: DESIGNATION
#3
Feb 27, 2026
MINUTE entry before the Honorable Mary M. Rowland: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody. Respondent shall make a preliminary filing by 3/3/26 stating: (1) whether Petitioner was located in the Northern District of Illinois at the time this case was filed; (2) the current status of Petitioner's immigration proceedings; (3) Petitioner's current location and proper Respondent based on that location; (4) the statute, provision, or regulation under which Petitioner was previously released or paroled into the country. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, the Government is ordered not to remove Petitioner 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, 145 S. Ct. 1364, 1369 (2025) (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 the Petitioner 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 the Petitioner as long as Respondent intends to hold Petitioner within the United States. Instead, the parties and the Court will address the issue after the Respondent makes 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 3/4/2026 at 10:00 AM. Mailed notice. (jg, ) (Entered: 02/27/2026)
Main Document: MINUTE
#4
Mar 03, 2026
STATUS Report by Kristi Noem, Samuel Olson (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Oduala, Temilade) (Entered: 03/03/2026)
Main Document: STATUS
#5
Mar 04, 2026
DESIGNATION of Temilade Oduala as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Oduala, Temilade) (Entered: 03/04/2026)
Main Document: DESIGNATION
#6
Mar 04, 2026
MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Respondents' response to the petition is due by 3/19/26; Petitioner's reply due by 3/30/26. By 4/1/26, Petitioner is to file a status report regarding the status of Petitioner's asylum proceedings and/or whether a reasonable fear interview has been scheduled. Mailed notice. (jg, ) (Entered: 03/04/2026)
Main Document: MINUTE
#7
Mar 19, 2026
DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents Kristi Noem, Samuel Olson (Gilpin, Geoffrey) (Entered: 03/19/2026)
Main Document: DESIGNATION
#8
Mar 20, 2026
RESPONSE by Respondents Kristi Noem, Samuel Olson Response to Habeas (Attachments: # 1 Exhibit Exhibit 4, parole)(Gilpin, Geoffrey) (Entered: 03/20/2026)
Main Document: RESPONSE
#9
Mar 20, 2026
Exh. 5, HGVU for Dkt. 8 by Kristi Noem, Samuel Olson Exhibit 5 for Dkt. 8 / response (Gilpin, Geoffrey) (Entered: 03/20/2026)
Main Document: Exh.
#10
Mar 30, 2026
REPLY by Darshan R Patel to Response 8 to Petition for Writ of Habeas Corpus (Osuna, Khiabett) (Entered: 03/30/2026)
Main Document: REPLY
#11
Apr 01, 2026
STATUS Report by Darshan R Patel (Osuna, Khiabett) (Entered: 04/01/2026)
Main Document: STATUS
#12
Apr 02, 2026
MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the Petitioner's status report 11 . On March 6, 2026, Petitioner was scheduled for and attended a credible fear interview. Petitioner was issued a negative credible fear finding. Petitioner requested an appeal before an Immigration Judge. On March 18, 2026, an Immigration Judge vacated the denial of a credible fear. On March 22, 2026, Petitioner was issued a Notice to Appear by the Department of Homeland Security. The Notice to Appear notes that Petitioner is scheduled for a master calendar hearing before the Indianapolis Immigration Court. The Court will rule by mail on the petition 1 . Mailed notice. (jg, ) (Entered: 04/02/2026)
Main Document: MINUTE
#13
May 01, 2026
MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the parties' briefing on Petitioner's petition for habeas corpus. In person hearing set for 5/5/26 at 11:00am. The parties are to be prepared to discuss (1) under which statutory provision Petitioner was detained at the time of his parole on December 16, 2024, (2) which provision presumably, either 8 U.S.C. § 1225(b)(1)(A)(i) or § 1225(b)(2) Respondents currently believe Petitioner is held under, and (3) the D.C. District Court's opinion in Coalition for Humane Immigrant Rts. v. Noem 805 F. Supp. 3d 48, 94 (D.D.C. 2025), where the court held that parolees cannot be subject to expedited removal under 8 U.S.C. 1225(b)(1)(A)(i). The parties should file any documents that may be relevant to either inquiry, including excerpts from Petitioner's A-file, with the Court in advance of the hearing. Mailed notice. (jg, ) (Entered: 05/01/2026)
Main Document: MINUTE
#14
May 01, 2026
ATTORNEY Appearance for Petitioner Darshan R Patel by Sheila McNulty (McNulty, Sheila) (Entered: 05/01/2026)
Main Document: ATTORNEY
#15
May 04, 2026
STATUS Report by Darshan R Patel (Attachments: # 1 Exhibit ICE check-ins, # 2 Exhibit Emails, # 3 Exhibit CBP Sworn Statement, # 4 Exhibit Portion of Sworn Statement, # 5 Exhibit NTA)(McNulty, Sheila) (Entered: 05/04/2026)
Main Document: STATUS
#16
May 05, 2026
MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. The Court will rule on the petition for habeas corpus by mail. Mailed notice. (jg, ) (Entered: 05/05/2026)
Main Document: MINUTE
#17
Jun 15, 2026
Order AND Order on Motion for Petition for Writ of Habeas Corpus AND ~Util - Set Deadlines/Hearings
Main Document: Order AND Order on Motion for Petition for Writ of Habeas Corpus AND ~Util - Set Deadlines/Hearings
#18
Jun 29, 2026
STATUS Report Joint Status Report Re: Judgement by Kristi Noem, Samuel Olson, Darshan R Patel (Gilpin, Geoffrey) (Entered: 06/29/2026)
Main Document: STATUS
#19
Jul 01, 2026
MINUTE entry before the Honorable Mary M. Rowland: The parties report that judgment should be entered 18 . Judgment to enter. Civil case terminated. Mailed notice. (jg, ) (Entered: 07/01/2026)
Main Document: MINUTE
#20
Jul 02, 2026
Judgment - AO450
Main Document: Judgment - AO450

Parties

Noem
Party
Patel
Party