Northern District of Illinois • 1:26-cv-09192
Rodriguez Vilera v. Olson
Active
Case Information
Filed: August 01, 2026
Assigned to:
John Joseph Tharp Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
August 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 01, 2026
PETITION for writ of habeas corpus filed by Nael Antonio Rodriguez Vilera against Todd Blanche, Markwayne MULLIN, in his official capacity as Secretary of Homeland Security, Samuel Olson Filing fee $ 5, receipt number AILNDC-25469770. (Graves, Maureen) (Entered: 08/01/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 01, 2026
CIVIL Cover Sheet (Graves, Maureen) (Entered: 08/01/2026)
Main Document:
CIVIL
#3
Aug 03, 2026
ORDER. Signed by the Honorable John J. Tharp, Jr on 8/3/2026: Petitioner has filed a 28 U.S.C. § 2241 habeas corpus petition challenging his present detention in ICE custody and a motion for a temporary restraining order. A hearing on the petition and TRO motion will be held on 8/5/2026 at 10:00 a.m. in Courtroom 2303 of the Dirksen United States Courthouse. Respondent is directed to submit any response to the habeas corpus petition and/or TRO motion by 5:00 p.m. on 8/4/2026. At a minimum, Respondent shall make a preliminary filing by 5:00 p.m. on 8/4/2026, 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; 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 in light of Petitioner's intention to file a motion to reopen his in absentia removal order, which would automatically stay his removal under 8 C.F.R. § 1003.23(b)(4)(ii) pending disposition of the motion by the immigration judge, the Government is ordered not to remove Petitioner from the jurisdiction of the United States and, if it has not already done so, 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. [For further detail see attached order.] Notices Mailed. (psm, ) (Entered: 08/03/2026)
Main Document:
Order AND ~Util - Set/Reset Hearings
#4
Aug 03, 2026
MAILED copy of Docket Entry 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. (psm, ) (Entered: 08/03/2026)
#5
Aug 03, 2026
DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Todd Blanche, Markwayne Mullin, Samuel Olson (Oswald, Craig) (Entered: 08/03/2026)
Main Document:
DESIGNATION
Aug 03, 2026
CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Karyn L Bass Ehler. Case assignment: Random assignment. (Civil Category 2). (axm, )
Aug 03, 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, )
#6
Aug 04, 2026
DESIGNATION of Joshua Samuel Press as U.S. Attorney for Respondents Todd Blanche, Markwayne Mullin, Samuel Olson (Press, Joshua) (Entered: 08/04/2026)
Main Document:
DESIGNATION
#7
Aug 04, 2026
DESIGNATION of Temilade Oduala as U.S. Attorney for Respondents Todd Blanche, Markwayne Mullin, Samuel Olson (Oduala, Temilade) (Entered: 08/04/2026)
Main Document:
DESIGNATION
#8
Aug 04, 2026
DESIGNATION of Geoffrey Park Gilpin as U.S. Attorney for Respondents Todd Blanche, Markwayne Mullin, Samuel Olson (Gilpin, Geoffrey) (Entered: 08/04/2026)
Main Document:
DESIGNATION
#9
Aug 04, 2026
STATUS Report by Todd Blanche, Markwayne Mullin, Samuel Olson (Oduala, Temilade) (Entered: 08/04/2026)
Main Document:
STATUS
#10
Aug 04, 2026
RESPONSE by Respondents Todd Blanche, Markwayne Mullin, Samuel Olson (Attachments: # 1 Exhibit Form I-213, Record of Deportable/Inadmissible Alien, # 2 Exhibit Notice to Appear, # 3 Exhibit Order of Removal)(Oduala, Temilade) (Entered: 08/04/2026)
Main Document:
RESPONSE
Parties
Olson
Party
Rodriguez Vilera
Party