Northern District of Illinois • 1:26-cv-09061

#1

Jul 30, 2026

PETITION for writ of habeas corpus filed by Adlen Ermekov against All Defendants Filing fee $ 5, receipt number AILNDC-25458513. (Attachments: # 1 Civil Cover Sheet)(Kola, Isuf) (Entered: 07/30/2026)

#2

Jul 30, 2026

ATTORNEY Appearance for Plaintiff Adlen Ermekov by Isuf Kola (Kola, Isuf) (Entered: 07/30/2026)

#3

Jul 30, 2026

MINUTE entry before the Honorable Jorge L. Alonso: Petitioner has filed a habeas corpus petition challenging his present detention in ICE custody. The Court notes that the Seventh Circuit ruled today that "[a]liens present in the country without admission and not 'seeking admission' fall under Section 1226, not Section 1225(b)(2)(A), and are eligible for bond hearings subject to the INA's other requirements." Cirrus Rojas v. Olson, No. 25-3127, slip op. at 5 (7th Cir. July 30, 2026). Respondent shall make a preliminary filing by 7/31/26 at 1:00 PM 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) whether this case is distinct from the Seventh Circuit case cited above, and if this case is not distinct, whether the Government agrees to immediately release Petitioner from custody. If the Government does not agree, the Government shall file its response to the habeas petition by 7/31/26 at 1:00 PM. 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, 605 U.S. 91, 97 (2025) (per curiam) (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."). 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. Notice mailed by Judge's staff (lf, ) (Entered: 07/30/2026)

#4

Jul 30, 2026

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Todd Blanche, Warden Doe, Markwayne Mullin, SAM OLSEN (Oswald, Craig) (Entered: 07/30/2026)

Jul 30, 2026

CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (jks, )

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. (jks, )

#5

Jul 31, 2026

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Todd Blanche, Warden Doe, Markwayne Mullin, SAM OLSEN (Press, Joshua) (Entered: 07/31/2026)

#6

Jul 31, 2026

DESIGNATION of Temilade Oduala as U.S. Attorney for Defendants Todd Blanche, Warden Doe, Markwayne Mullin, SAM OLSEN (Oduala, Temilade) (Entered: 07/31/2026)

#7

Jul 31, 2026

DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Defendants Todd Blanche, Warden Doe, Markwayne Mullin, SAM OLSEN (Gilpin, Geoffrey) (Entered: 07/31/2026)

#8

Jul 31, 2026

STATUS Report preliminary status report by Todd Blanche, Warden Doe, Markwayne Mullin, Sam Olson (Gilpin, Geoffrey) (Entered: 07/31/2026)

#9

Jul 31, 2026

RESPONSE by Defendants Todd Blanche, Warden Doe, Markwayne Mullin, Sam Olson Response to Habeas (Gilpin, Geoffrey) (Entered: 07/31/2026)

#10

Jul 31, 2026

MINUTE entry before the Honorable Jorge L. Alonso: At 9, Respondents concede that Petitioner has been detained improperly under Cirrus Rojas v. Olson, No. 25-3127 (7th Cir. July 30, 2026). Also at 9, Respondents argue that Petitioner should have exhausted his remedies by seeking a bond hearing before the immigration court. But "exhaustion will be excused [] where appealing through the administrative process would be futile because the agency is biased or has predetermined the issue." Ramirez Martinez v. Noem, 813 F. Supp. 3d 837, 844 (N.D. Ill. 2025) (citations omitted). Petitioner filed his motion on the same day that Cirrus Rojas was decided by the Seventh Circuit. As such, leading up to when Petitioner filed his motion, it would have been futile for Petitioner to seek a bond hearing. See id. The Court thus grants Petitioner's petition 1 for a writ of habeas corpus. The Court orders Petitioner's immediate release. The Court further orders that Respondents provide Petitioner with a bond hearing within 14 days, at which Respondents will have the burden to show by clear and convincing evidence that Petitioner poses a danger to the community or poses a risk of flight such that detention is necessary. The Court enjoins Respondents from denying bond on the basis that 8 U.S.C. § 1225(b)(2) applies to him. Civil case is terminated with full leave to reinstate by Petitioner if Respondents fail to comply with this order. Mailed notice (lf, ) (Entered: 07/31/2026)

Jul 31, 2026

EMAILED a copy of order 3 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. (cvk, )