Northern District of Ohio • 1:25-cv-02644
Alberto-Alvarenga v. Aumille
Active
Case Information
Filed: December 05, 2025
Assigned to:
James R. Knepp II
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 21, 2026
Parties:
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Docket Entries
#1
Dec 05, 2025
Petition under 28 USC 2241 for Writ of Habeas Corpus by a person in federal ICE custody. Filing fee paid. $5.00. Receipt # 161494. Filed by Wuanerge Alberto-Alvarenga. (Attachments: # 1 Exhibit List, # 2 Exhibit A - Sworn Recantation Affidavit dated October 13, 2025, # 3 Exhibit B - Preliminary Investigation Report (Columbus Division of Police), dated October 4,, # 4 Exhibit C - Franklin County Municipal Court Case Status (PDF), Case No. 2024 CRB 16667, # 5 Exhibit D - Online Court Case Summary (Arrest record, bond record, case closure), # 6 Exhibit E - Declaration of Counsel, # 7 Exhibit F - DHS Biometrics EAD Approval Documentation, # 8 Exhibit G - ICE A-file Summary (or Booking Records), # 9 Civil Cover Sheet (JS-44), # 10 Memorandum of Law in Support of Petition, # 11 Proposed Order), # 12 Proposed Order Directing Service). (H,Ch) (Entered: 12/08/2025)
Main Document:
Petition for Writ of Habeas Corpus (2241)
#2
Dec 05, 2025
Motion for attorney Roman V. Gambourg to Appear Pro Hac Vice. Filing fee $ 120, receipt number 161495, and Motion (Request) for waiver of local counsel requirement filed by Petitioner Wuanerge Alberto-Alvarenga. (Attachments: # 1 Exhibit A - Declaration of Roman V. Gambourg, # 2 Exhibit B - Certficate of Good Standing, # 3 Proposed Order, # 4 Proposed Order Directing Service). (H,Ch) (Entered: 12/08/2025)
Main Document:
Appear Pro Hac Vice AND Order
Dec 05, 2025
Judge James R. Knepp II assigned to case. (H,Ch)
Dec 05, 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 Jonathan D. Greenberg. (H,Ch)
#3
Dec 11, 2025
Attorney Appearance by Angelita Cruz Bridges filed by on behalf of All Defendants. (Bridges, Angelita) (Entered: 12/11/2025)
Main Document:
Attorney
#4
Dec 11, 2025
Magistrate Judge's Initial Order. Respondent shall file an answer to the petition within 30 days from the date of this order; petitioner shall have 30 days from the filing of respondent's answer to respond; respondent shall have 7 days from the filing of petitioner's reply brief to respond. Any request for an extension of any deadline must be made at least ten (10) business days before the deadline date, but such requests will not be granted absent a showing of good cause. Signed by Magistrate Judge Jonathan D. Greenberg on 12/11/25. (D,Ky) (Entered: 12/11/2025)
Main Document:
Magistrate Judges Initial Order
Dec 11, 2025
Automatic Reference of Administrative Action
Dec 11, 2025
Order [non-document] Counsel filed a Motion (Request) for waiver of local counsel requirement, citing Local Rule 83.5(h). (Doc. No. 2 .) Local Rule 83.5(h) governs pro hac vice admission but does not require the appointment of local counsel. Local Rule 83.5(c) provides that "Unless otherwise ordered by the Court, it shall not be necessary for any attorney entitled to practice before the District Court or permitted to appear and participate in a case or proceeding to associate with or to designate an attorney with an office in this district upon whom notices, rulings, and communications may be served." The Court declines to issue an order requiring the appointment of local counsel in this case. Therefore, counsel's Motion (Request) for waiver of local counsel requirement is DENIED AS MOOT. Magistrate Judge Jonathan D. Greenberg on 12/11/25.(D,Ky)
Dec 11, 2025
Order on Motion for order
Dec 11, 2025
Order on Motion to appear pro hac vice
Dec 11, 2025
Automatic Reference [non-document] of Administrative Action to Magistrate Judge Jonathan D. Greenberg pursuant to Local Rule 72.2. Judge James R. Knepp II on 12/11/2025. (S,JM)
Dec 11, 2025
Order [non-document] granting Motion for appearance pro hac vice by Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 2 ). Magistrate Judge Jonathan D. Greenberg on 12/11/25.(D,Ky)
#5
Jan 05, 2026
Emergency Motion for Temporary Restraining Order and Enjoining Removal filed by Petitioner Wuanerge Alberto-Alvarenga. Related document(s) 1 . (Attachments: # 1 Certificate of Service, # 2 Proposed Order) (Gambourg, Roman). Modified event, removed ex parte restriction, and updated text on 1/8/2026 (S,JM) (Entered: 01/05/2026)
Main Document:
Emergency Motion
Jan 07, 2026
Order. [non-document] Telephone Conference re: 5 Motion for TRO and Enjoining Removal set for 1/8/2026 at 02:30 PM. The conference will convene on the Court's bridge line with dial-in access information to be provided to counsel in advance of the call. Judge James R. Knepp II on 1/7/2026. (S,JM)
Jan 07, 2026
Order
Jan 08, 2026
Minute Order _ Telephone Conference
Jan 08, 2026
Minute Order of Record Telephone Status Conference [non-document] held on 1/8/2026. Petitioner attended by attorney Roman V. Gambourg; Respondent attended by attorney Angelita Cruz Bridges. For the reasons stated on the record, Petitioner's 5 Emergency Motion for a Temporary Restraining Order is hereby DENIED. The underlying 1 Petition for Writ of Habeas Corpus remains referred to Magistrate Judge Jonathan D. Greenberg. Judge James R. Knepp II on 1/8/2026. (Court Reporter Diana Ziegelhofer) Time: 10 minutes. (S,JM)
#6
Jan 12, 2026
Return of Writ (2241) 1 Petition for Writ of Habeas Corpus (2241),,, filed by Richard A. Aumille, Troy Miller, Secretary of Department of Homeland Security, Sean G. Smith, U.S. Attorney General. Related document(s) 1 . (Attachments: # 1 Exhibit A - DHS Motion to Pretermit and Order Granting Motion, # 2 Exhibit B - Removal Order Dated 12/29/2025, # 3 Exhibit C - Removal Order Dated 1/2/2026, # 4 Exhibit D - Petitioner Motion to Reconsider, # 5 Exhibit E - Denial of Motion to Reconsider, # 6 Exhibit F - Order Withdrawing Bond)(Bridges, Angelita) (Entered: 01/12/2026)
Main Document:
Return
#7
Jan 23, 2026
Notice of Intervening BIA Emergency Appeal and Status of Habeas Proceedings (Informational Filing) filed by Wuanerge Alberto-Alvarenga. Related document(s) 1 .(Gambourg, Roman) (Entered: 01/23/2026)
Main Document:
Notice
#8
Jan 23, 2026
Motion For Status Conference Or, In The Alternative, Expedited Briefing filed by Petitioner Wuanerge Alberto-Alvarenga. Related document(s) 1 . (Gambourg, Roman) (Entered: 01/23/2026)
Main Document:
Conference/Hearing
#9
Jan 23, 2026
Supplemental Memorandum in support of Petition for Writ of Habeas Corpus filed by Wuanerge Alberto-Alvarenga. Related document(s) 1 . (Gambourg, Roman) (Entered: 01/23/2026)
Main Document:
Supplemental
Jan 27, 2026
Order on Motion for conference
Jan 27, 2026
Order [non-document] The Court DENIES Plaintiff's Motion For Status Conference Or, In The Alternative, Expedited Briefing. (Doc. No. 8 .) The Court has already ordered expedited briefing in this case. (Doc. No. 4 .) In addition, Respondent filed the Return of Writ on January 12, 2026. (Doc. No. 6 .) The Court encourages counsel to review the docket prior to filing motions in this case. Magistrate Judge Jonathan D. Greenberg on 1/27/26.(D,Ky)
#10
Jan 28, 2026
Petitioner's Expedited Traverse and Opposition to Respondent's 6 Motion to Dismiss (Return of Writ) filed by Wuanerge Alberto-Alvarenga. (Gambourg, Roman) Modified text on 1/28/2026 (D,Ky). (Entered: 01/28/2026)
Main Document:
Petitioner's
#11
Feb 03, 2026
Reply to 10 Traverse filed by Richard A. Aumille, Troy Miller, Secretary of Department of Homeland Security, Sean G. Smith, U.S. Attorney General. (Bridges, Angelita) (Entered: 02/03/2026)
Main Document:
Reply
#12
Feb 05, 2026
Motion for leave to file sur-reply to 11 Reply to 10 Traverse filed by Wuanerge Alberto-Alvarenga. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Gambourg, Roman) Modified to change to motion event on 2/5/2026 (G,G). (Entered: 02/05/2026)
Main Document:
Leave
#13
Feb 05, 2026
Motion to Expedite and for Immediate Ruling filed by Petitioner Wuanerge Alberto-Alvarenga. Related document(s) 10 . (Gambourg, Roman) (Entered: 02/05/2026)
Main Document:
Conference/Hearing
#14
Feb 05, 2026
Proposed order to 13 Motion to Expedite and for Immediate Ruling filed by Petitioner Wuanerge Alberto-Alvarenga. Related document(s) 13 . (Gambourg, Roman) Modified on 2/5/2026 (G,G). (Entered: 02/05/2026)
Main Document:
Conference/Hearing
#15
Feb 05, 2026
Motion to Substitute Proper Respondent filed by Petitioner Wuanerge Alberto-Alvarenga. Related document(s) 12 . (Attachments: # 1 Proposed Order)(Gambourg, Roman) (Entered: 02/05/2026)
Main Document:
Substitute Party
Feb 06, 2026
Order
Feb 06, 2026
Order [non-document] Any response to the pending Motion to Substitute Proper Respondent (Doc. No. 15 ) shall be filed by close of business (5:00 p.m.) on February 12, 2026. Magistrate Judge Jonathan D. Greenberg on 2/6/26. (D,Ky)
#16
Feb 12, 2026
Opposition to 15 Motion to Substitute Proper Respondent filed by Richard A. Aumille, Troy Miller, Secretary of Department of Homeland Security, Sean G. Smith, U.S. Attorney General. (Bridges, Angelita) (Entered: 02/12/2026)
Main Document:
Opposition
Feb 12, 2026
Order
Feb 12, 2026
Order [non-document] Any reply in support of the pending Motion to Substitute Proper Respondent (Doc. No. 15 ) shall be filed by close of business (5:00 p.m.) on February 17, 2026. Magistrate Judge Jonathan D. Greenberg on 2/12/26. (D,Ky)
#17
Feb 16, 2026
Reply in support of 15 Motion to Substitute Proper Respondent filed by Wuanerge Alberto-Alvarenga. (Attachments: # 1 Proposed Order)(Gambourg, Roman) (Entered: 02/16/2026)
Main Document:
Reply
#18
Mar 04, 2026
Report and Recommendation that the Court GRANT the Motion to Substitute Proper Respondent (Doc. No. 15 ). It is further recommended that the Court GRANT Alberto-Alvarenga's Petition and ORDER Respondents to provide Alberto-Alvarenga wi th a bond hearing under 8. U.S.C. §1226(a). Petitioner's Motion for Leave to File Sur-Reply (Doc. No. 12 ) is DENIED. Petitioner's Motion to Expedite and for Immediate Ruling (Doc. No. 13 ) is DENIED AS MOOT. (Objections to Report & Recommendation due by 3/18/2026). Referral Terminated. Signed by Magistrate Judge Jonathan D. Greenberg on 3/4/26. (D,Ky)
#19
Mar 18, 2026
Objection to Report and Recommendation filed by Troy Miller, Secretary of Department of Homeland Security, Sean G. Smith, U.S. Attorney General. Related document(s) 18 . (Attachments: # 1 Exhibit 1 - BIA Rejection Notice, # 2 Exhibit 2 - Automated Case Information) (Bridges, Angelita) (Entered: 03/18/2026)
Main Document:
Objection
#20
Mar 19, 2026
Response to Respondents' Objections to Magistrate Judge's Report and Recommendation filed by Wuanerge Alberto-Alvarenga. Related document(s) 18, 19 . (Gambourg, Roman) (Entered: 03/19/2026)
Main Document:
Response
#21
Mar 19, 2026
Notice of Cured Board of Immigration Appeal filed by Wuanerge Alberto-Alvarenga. Related document(s) 19 . (Attachments: # 1 Exhibits A-D - Notice of Cured BIA Appeal) (Gambourg, Roman) (Entered: 03/19/2026)
Main Document:
Notice
#22
Mar 19, 2026
Response to DHS Objections filed by Wuanerge Alberto-Alvarenga. Related document(s) 19 . (Attachments: # 1 Exhibit A - BIA Filing Receipt) (Gambourg, Roman) (Entered: 03/19/2026)
Main Document:
Response
#23
Mar 19, 2026
Request for Decision on the Papers filed by Wuanerge Alberto-Alvarenga. Related document(s) 19 . (Gambourg, Roman) (Entered: 03/19/2026)
Main Document:
Request
#24
Mar 19, 2026
Motion to enforce Court Order Requiring Bond Hearing filed by Petitioner Wuanerge Alberto-Alvarenga. Related document(s) 19 . (Attachments: # 1 Exhibit A - Filing Receipt for Appeal or Motion) (Gambourg, Roman) (Entered: 03/19/2026)
Main Document:
Enforce
#25
Mar 23, 2026
Motion for leave to File Reply in Support of Objections to Mag. Report and Recommendation, Instanter filed by Troy Miller, Secretary of Department of Homeland Security, Sean G. Smith, U.S. Attorney General. Related document(s) 21, 22, 23, 20, 24 . (Attachments: # 1 Brief in Support Proposed Reply Instanter)(Bridges, Angelita) (Entered: 03/23/2026)
Main Document:
Leave
#26
Mar 24, 2026
Notice Regarding Further Briefing And Alternative Request For Leave To File Limited Sur-Reply filed by Wuanerge Alberto-Alvarenga. Related document(s) 25 .(Gambourg, Roman) (Entered: 03/24/2026)
Main Document:
Notice
#27
Mar 24, 2026
Notice Of Identification And Substitution Of Proper Respondent filed by Wuanerge Alberto-Alvarenga. Related document(s) 18, 15 .(Gambourg, Roman) (Entered: 03/24/2026)
Main Document:
Notice
#28
Mar 24, 2026
Motion/Request For Adoption Of Report And Recommendation And Enforcement Of Bond Hearing Order filed by Petitioner Wuanerge Alberto-Alvarenga. Related document(s) 18 . (Gambourg, Roman) (Entered: 03/24/2026)
Main Document:
Order
#29
Mar 24, 2026
Supplement In Support Of 24 Motion To Enforce Court Order Requiring Bond Hearing filed by Petitioner Wuanerge Alberto-Alvarenga. (Gambourg, Roman) Modified to term motion on 3/24/2026 (G,G). Not a motion. (Entered: 03/24/2026)
Main Document:
Supplement
Mar 24, 2026
Order on Motion for leave
Mar 24, 2026
Order [non-document] granting the Respondents' 25 Motion for leave to File Reply in Support of Objections to the 18 Magistrate Judge's Report and Recommendation, Instanter. Judge James R. Knepp II on 3/24/2026. (R,EM)
#30
Apr 09, 2026
Petitioners Notice of Supplemental Authority and Procedural Posture Update filed by Wuanerge Alberto-Alvarenga. (Gambourg, Roman) (Entered: 04/09/2026)
Main Document:
Petitioners
#33
May 21, 2026
Order. It is ORDERED that the 1 Petition be, and the same hereby is, DENIED AS MOOT as set forth herein, and it is FURTHER ORDERED that Petitioner's 31 Ex Parte Emergency Motion to Preserve Jurisdiction be, and the same hereby is, DENIED AS MOOT. Judge James R. Knepp II on 5/21/2026. (S,JM)
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