Northern District of Illinois • 1:26-cv-09057

Martinez Garcia v. Venturella

Completed

Case Information

Filed: July 30, 2026
Assigned to: Manish Suresh Shah
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 31, 2026
Last Activity: August 31, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 30, 2026
PETITION for writ of habeas corpus filed by Nancy Martinez Garcia against Unknown Warden Broadview ICE Facility, Markwayne Mullin, Samuel Olson, David J Venturella Filing fee $ 5, receipt number AILNDC-25458167. (Ramirez-Holt, Karen) (Entered: 07/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 30, 2026
MOTION by Petitioner Nancy Martinez Garcia for temporary restraining order (Attachments: # 1 Supplement Memo in Support of TRO)(Ramirez-Holt, Karen) (Entered: 07/30/2026)
Main Document: Temporary Restraining Order
#3
Jul 30, 2026
CIVIL Cover Sheet (Ramirez-Holt, Karen) (Entered: 07/30/2026)
Main Document: CIVIL
#4
Jul 30, 2026
MINUTE entry before the Honorable Manish S. Shah: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging her detention in ICE custody. Respondent is ordered to respond to the habeas corpus petition and motion for a temporary restraining order by 08/06/26. Petitioner shall reply by 08/13/26. Respondent shall also file a statement by 08/06/26 stating: (1) whether Petitioner was located in the Northern District of Illinois at the time this case was filed (07/30/26 at 12:38 p.m. central time); (2) the current status of Petitioner's immigration proceedings (if any); and (3) Petitioner's current location and proper Respondent based on that location. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, and to preserve the court's jurisdiction, the Government is ordered not to remove Petitioner from the jurisdiction of the United States and not to transfer her to any federal judicial district other than those in the States of Illinois, Indiana, or Wisconsin. A.A.R.P. v. Trump, 605 U.S. 91, 97 (2025) (per curiam) (citing 28 U.S.C. § 1651(a)); United States v. United Mine Workers of Am., 330 U.S. 258, 293 (1947). 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 transit 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. 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. Notices Mailed. (psm, ) (Entered: 07/30/2026)
Main Document: MINUTE
#5
Jul 30, 2026
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Unknown Warden Broadview ICE Facility, Markwayne Mullin, Samuel Olson, David J Venturella (Oswald, Craig) (Entered: 07/30/2026)
Main Document: DESIGNATION
#6
Jul 30, 2026
MAILED copy of Docket Entry 4 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. (psm, ) (Entered: 07/30/2026)
Jul 30, 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. (axm, )
Jul 30, 2026
CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 2). (axm, )
#7
Jul 31, 2026
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Unknown Warden Broadview ICE Facility, Markwayne Mullin, Samuel Olson, David J Venturella (Press, Joshua) (Entered: 07/31/2026)
Main Document: DESIGNATION
#8
Jul 31, 2026
DESIGNATION of Temilade Oduala as U.S. Attorney for Respondents Unknown Warden Broadview ICE Facility, Markwayne Mullin, Samuel Olson, David J Venturella (Oduala, Temilade) (Entered: 07/31/2026)
Main Document: DESIGNATION
#9
Jul 31, 2026
DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents Unknown Warden Broadview ICE Facility, Markwayne Mullin, Samuel Olson, David J Venturella (Gilpin, Geoffrey) (Entered: 07/31/2026)
Main Document: DESIGNATION
#10
Aug 06, 2026
RESPONSE by Respondents Unknown Warden Broadview ICE Facility, Markwayne Mullin, Samuel Olson, David J Venturella Response to Habeas (Attachments: # 1 Exhibit FBI Rap Sheet, # 2 Exhibit Notice to Appear packet with I-200 warrant)(Gilpin, Geoffrey) (Entered: 08/06/2026)
Main Document: RESPONSE
#11
Aug 06, 2026
STATUS Report preliminary status report by Unknown Warden Broadview ICE Facility, Markwayne Mullin, Samuel Olson, David J Venturella (Gilpin, Geoffrey) (Entered: 08/06/2026)
Main Document: STATUS
#12
Aug 13, 2026
REPLY by Nancy Martinez Garcia to Response, 10 (Ramirez-Holt, Karen) (Entered: 08/13/2026)
Main Document: REPLY
#13
Aug 17, 2026
ORDER. Signed by the Honorable Manish S. Shah on 8/17/2026: The petition for a writ of habeas corpus and motion for a temporary restraining order 1 2 are granted in part. Markwayne Mullin is dismissed as a respondent. The government reports that petitioner is in transit, 11 at 12, and the court concludes that David Venturella, Senior Official Performing the Duties of the Director, U.S. Immigration and Customs Enforcement, and Samuel Olson, the Field Office Director for the Chicago Field Office, Immigration and Customs Enforcement, are appropriate respondents with authority over petitioner's detention. Respondents must provide petitioner with an individualized release hearing under 8 U.S.C. § 1226(a) within seven days of this order or release petitioner on her own recognizance. The parties shall file a status report by 08/26/26 stating whether respondent has complied with this conditional writ. [For further detail see attached order.] Notices Mailed. (psm, ) (Entered: 08/17/2026)
Main Document: Order AND Order on Motion for Petition for Writ of Habeas Corpus AND Order on Motion for TRO AND ~Util - Terminate Motions
#14
Aug 24, 2026
MOTION by Petitioner Nancy Martinez Garcia to enforce judgment (Attachments: # 1 Exhibit Evidence in support of motion to enforce)(Ramirez-Holt, Karen) (Entered: 08/24/2026)
Main Document: Enforce Judgment
#15
Aug 25, 2026
MINUTE entry before the Honorable Manish S. Shah: Hearing on petitioner's motion to enforce is set for 8/27/26 at 10:00 a.m. in courtroom 1919. Notices Mailed. (psm, ) (Entered: 08/25/2026)
Main Document: MINUTE
#16
Aug 26, 2026
STATUS Report Joint Status Report by Unknown Warden Broadview ICE Facility, Markwayne Mullin, Samuel Olson, David J Venturella (Gilpin, Geoffrey) (Entered: 08/26/2026)
Main Document: STATUS
#17
Aug 26, 2026
MOTION by Petitioner Nancy Martinez Garcia for leave to file (Attachments: # 1 Declaration Declaration in support of evidence, # 2 Exhibit Supplemental Evidence)(Ramirez-Holt, Karen) (Entered: 08/26/2026)
Main Document: Leave to File Document
#18
Aug 27, 2026
DIGITAL EXHIBIT submitted by Nancy Martinez Garcia regarding 14 For more information, please visit https://www.ilnd.uscourts.gov/LandingPage.php?page=digital_media_submissions. If you wish to download a digital exhibit, please send your request to the Certified Copy Desk (CCD) inbox at CCD_ILND@ilnd.uscourts.gov. You will be provided with an invoice and charged according to the Fee Schedule. Once your payment has been processed, you will receive a URL via email to download the exhibit. (eak, ) (Entered: 08/27/2026)
Main Document: DIGITAL
#20
Aug 27, 2026
MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. The motion for leave to file additional exhibits 17 is granted. The motion to enforce judgment order 14 is taken under advisement and no written response from the government is necessary. The court will issue a ruling via cm/ecf or convene a further hearing at counsel's convenience. Notices Mailed. (psm, ) (Entered: 08/27/2026)
Main Document: Order on Motion for Leave to File
#21
Aug 31, 2026
MINUTE entry before the Honorable Manish S. Shah: The motion to enforce judgment 14 is denied. The court entered a conditional writ of habeas corpus, ordering the respondents to provide petitioner with an individualized release hearing under 8 U.S.C. s. 1226(a) within seven days or release petitioner. See 13 . Within a few days of this court's order, the immigration court conducted a release hearing at which petitioner was represented by counsel and had the assistance of an interpreter. The presiding official considered evidence, argument from counsel, questioned the petitioner about her driver's license and car insurance, and articulated his reasons to deny petitioner's release. See 18 (audio recording of hearing). That hearing complied with this court's writ. Although petitioner has arguments to suggest the immigration decision was wrong, those merits arguments are beyond the scope of the writ in this case. Petitioner may also have arguments challenging the validity of the process (including the available administrative appellate relief) in the immigration system. But those too are outside the scope of this case. The clerk shall enter judgment in favor of petitioner and against respondents, awarding petitioner an individualized release hearing under 8 U.S.C. § 1226(a) within seven days of 8/17/26 or release on her own recognizance. The government has complied with that judgment. The judgment is without prejudice to petitioner pursuing claims that accrued after the 8/17/26 decision in this case. Terminate civil case. Notices Mailed. (psm, ) (Entered: 08/31/2026)
Main Document: Order on Motion to Enforce Judgment
#22
Aug 31, 2026
JUDGMENT ENTERED. Notices Mailed. (psm, ) (Entered: 08/31/2026)
Main Document: Order

Parties

Martinez Garcia
Party
Venturella
Party