Northern District of Indiana • 3:26-cv-00885

Hernandez Chacon v. Mullin

Active

Case Information

Filed: June 17, 2026
Assigned to: Damon Ray Leichty
Referred to: Scott J. Frankel
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity: November 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 17, 2026
PETITION FOR WRIT OF HABEAS CORPUS ( Filing fee $ 5 receipt number AINNDC-6310083.), filed by EMERSON HERNANDEZ CHACON. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet)(Hoffman, Kristin) (Entered: 06/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 17, 2026
NOTICE of Appearance by Kristin A Hoffman on behalf of EMERSON HERNANDEZ CHACON (Hoffman, Kristin) (Entered: 06/17/2026)
Main Document: Notice of Appearance
Jun 17, 2026
Add and Terminate Judges
Jun 17, 2026
**NEW CASE** Judge Damon R Leichty and Magistrate Judge Scott J Frankel added. (nah)
#3
Jun 23, 2026
ORDER TO SHOW CAUSE: The court DIRECTS the clerk to serve a copy of this order and the petition (ECF 1 ) by certified mail, return receipt requested, to (a) the Civil-Process Clerk for the United States Attorney for the Northern District of Indiana; (b) the Acting Attorney General of the United States; (c) the Secretary of the Department of Homeland Security at the Office of General Counsel; (d) the Acting Director of Immigrations and Customs Enforcement at the Office of the Principal Legal Advisor; and (e) the Director of the Chicago Immigration and Customs Enforcement Field Office at the Office of the Principal Legal Advisor; DIRECTS the clerk to email a copy of this order and the petition (ECF 1 ) to (a) the Indiana Department of Correction; (b) the Warden of Miami Correctional Facility at Miami Correctional Facility, and (c) the United States Attorney for the Northern District of Indiana; ORDERS those listed in the previous order line to acknowledge receipt of the petition to the clerk and DIRECTS the clerk to make a notation on the docket upon receiving confirmation of receipt of those deliveries; ORDERS the respondent to file a brief status report by 6/25/26, with a continuing obligation to supplement with new information, detailing whether there are plans to remove Emerson Hernandez Chacon from the United States in the next thirty days and, if so, to where, as well as the status of the requested credible fear interview; and ORDERS the respondent to answer the petition by 7/10/26, including, in addition to any other relevant evidence, (a) any documentation from a credible fear interview regarding any proposed third country removals, and (b) the dates any travel documents have been requested and the countries from which those travel documents have been requested; and GRANTS the petitioner until 7/24/26 to file a reply in support of his petition. Signed by Judge Damon R Leichty on 6/23/26. (Copy with petition E-mailed to AUSA, Warden of MCF and IDOC. Copy with petition sent certified mail to U.S. Attorney for the Northern District of Indiana 9589 0710 5270 4389 1672 14; U.S. Attorney General - 9589 0710 5270 4389 1672 45; Director of the Chicago ICE Field Office at the Office of the Principal Legal Advisor - 9589 0710 5270 4389 1672 76; Acting Director of ICE at the Office of the Principal Legal Advisor - 9589 0710 5270 4389 1672 69; and Secretary of the Department of Homeland Security, at the Office of General Counsel - 9589 0710 5270 4389 1672 52)(nah) (Entered: 06/23/2026)
Main Document: Order to Show Cause AND ~Util - Set Deadlines
#4
Jun 24, 2026
Confirmation received from AUSA and Warden of receipt of 3 Order to Show Cause (nah) (Entered: 06/24/2026)
Jun 24, 2026
Confirmation of Receipt
#5
Jun 25, 2026
NOTICE of Appearance by Brian Irvin - AUSA on behalf of Todd Blanche, Markwayne Mullin, Samuel Olson, David Venturella (Irvin - AUSA, Brian) (Entered: 06/25/2026)
Main Document: Notice of Appearance
#6
Jun 25, 2026
STATUS REPORT 3 by Todd Blanche, Markwayne Mullin, Samuel Olson, David Venturella, Warden. (Irvin - AUSA, Brian) (Entered: 06/25/2026)
Main Document: Status Report
#7
Jul 08, 2026
PROOF OF SERVICE Executed as to AUSA. (nah) (Entered: 07/09/2026)
Main Document: Proof of Service
#8
Jul 10, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Samuel Olson, Markwayne Mullin, David Venturella, Todd Blanche, Warden filed by Samuel Olson, Markwayne Mullin, David Venturella, Todd Blanche, Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Irvin - AUSA, Brian) (Entered: 07/10/2026)
Main Document: Response to Order to Show Cause
#9
Jul 13, 2026
PROOF OF SERVICE Executed to the Secretary of DHS as to 3 Order to Show Cause. (ely) (Entered: 07/14/2026)
Main Document: Proof of Service
#10
Jul 13, 2026
PROOF OF SERVICE Executed to the ICE Chicago Field Office Director as to 3 Order to Show Cause. (ely) (Entered: 07/15/2026)
Main Document: Proof of Service
#11
Jul 13, 2026
PROOF OF SERVICE Executed to the Acting Director of ICE as to 3 Order to Show Cause. (ely) (Entered: 07/15/2026)
Main Document: Proof of Service
#12
Jul 17, 2026
PROOF OF SERVICE Executed to the US Attorney General as to 3 Order to Show Cause. (ely) (Entered: 07/21/2026)
Main Document: Proof of Service
#13
Jul 24, 2026
First MOTION for Extension of Time to File Response/Reply as to 3 Order to Show Cause,,,,,,,,,,, Set Deadlines,,,,,,,,,, by Petitioner Emerson Hernandez Chacon. (Attachments: # 1 Exhibit Proposed Order)(Hoffman, Kristin) (Entered: 07/24/2026)
Main Document: Extension of Time to File Response/Reply
#14
Jul 31, 2026
Traverse to: 3 Order to Show Cause,,,,,,,,,,, Set Deadlines,,,,,,,,,, filed by Emerson Hernandez Chacon. (Attachments: # 1 Exhibit NOID Response, # 2 Exhibit Motion to Reconsider, # 3 Exhibit Emails with Respondents)(Hoffman, Kristin) (Entered: 07/31/2026)
Main Document: Traverse
#15
Aug 04, 2026
ORDER: The court GRANTS the motion (ECF 13 ) and DEEMS the reply (ECF 14 ) timely. Signed by Magistrate Judge Scott J Frankel on 8/4/2026. (kmt) (Entered: 08/04/2026)
Main Document: Order on Motion for Extension of Time to File Response/Reply
#16
Sep 04, 2026
OPINION AND ORDER: For reasons stated in the Order, the Court DISMISSES WITHOUT PREJUDICE Todd Blanche, Attorney General of the United States; Markwayne Mullin, Secretary of the United States Department of Homeland Security; David Venturella, Acting Director of the United States Immigration and Customs Enforcement; and Samuel Olson, Director of the Chicago Immigration and Customs Enforcement Field Office; ORDERS the Warden to file a supplemental response by 9/11/2026, regarding the foreseeability of Mr. Hernandez Chacons removal, including, in addition to any other relevant evidence, (a) the dates any travel documents have been requested and the countries from which those travel documents have been requested and (b) if no travel document has been requested, the requirements a potential country of removal has regarding accepting a third country removal request; and ORDERS that petitioner may file a supplemental reply by 9/18/2026. Signed by Judge Damon R Leichty on 9/4/2026. (kmt) (Entered: 09/04/2026)
Main Document: Opinion and Order AND ~Util - Add and Terminate Parties AND ~Util - Set Deadlines
#17
Sep 11, 2026
SUPPLEMENT filed by Todd Blanche, Markwayne Mullin, Samuel Olson, David Venturella, Warden. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Irvin - AUSA, Brian) (Entered: 09/11/2026)
Main Document: Supplement
#18
Sep 17, 2026
SUPPLEMENT Supplemental Reply filed by Emerson Hernandez Chacon. (Attachments: # 1 Exhibit Affidavit of Petitioner, # 2 Exhibit Email re CFI)(Hoffman, Kristin) (Entered: 09/17/2026)
Main Document: Supplement
#19
Oct 06, 2026
OPINION AND ORDER: The court GRANTS the petition for writ of habeas corpus (ECF 1 ) and ORDERS the respondent to release Emerson Hernandez Chacon on appropriate conditions of supervised release and to certify compliance with this order by filing a notice with the court by 10/8/26; DIRECTS the clerk to email a copy of this order to the Warden of the Miami Correctional Facility at the Indiana Department of Correction to secure his release. Signed by Judge Damon R Leichty on 10/6/2026. (Copy e-mailed to the warden at IDOC as directed in order)(nah) (Entered: 10/06/2026)
Main Document: Opinion and Order AND ~Util - Set Deadlines
#20
Oct 06, 2026
Confirmation received from Warden of receipt of 19 Opinion and Order (nah) (Entered: 10/06/2026)
Oct 06, 2026
Confirmation of Receipt
#21
Oct 08, 2026
REPORT by Todd Blanche, Markwayne Mullin, Samuel Olson, David Venturella, Warden . (Irvin - AUSA, Brian) (Entered: 10/08/2026)
Main Document: Report
#22
Nov 03, 2026
Order Dismissing Case
Main Document: Order Dismissing Case
#23
Nov 03, 2026
Clerks Judgment
Main Document: Clerks Judgment

Parties

Hernandez Chacon
Party
Mullin
Party