Eastern District of Tennessee • 3:25-cv-00605

#1

Dec 11, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATNEDC-6183968.), filed by Diego Alberto Hernandez Garcia. (Attachments: # 1 Exhibit Exhibit 1, Deferred Action Approval Notice)(Bonano, Rachel) (Entered: 12/12/2025)

#2

Dec 12, 2025

Emergency MOTION to Stay Of Removal by Diego Alberto Hernandez Garcia. (Attachments: # 1 Other Proposed Order)(Bonano, Rachel) (Entered: 12/12/2025)

#3

Dec 12, 2025

ORDER OF RECUSAL AND ORDER REASSIGNING CASE. District Judge Travis R McDonough no longer assigned to case. Case reassigned to District Judge Clifton L Corker for all further proceedings. Signed by District Judge Travis R McDonough on 12/12/25. (GRE) (Entered: 12/12/2025)

#4

Dec 12, 2025

ORDER GRANTING: 2 Emergency MOTION to Stay Of Removal filed by Diego Alberto Hernandez Garcia. Mr. Garcias Petition for Emergency Motion of Stay of Removal [Doc. 2] is therefore GRANTED, and the Court hereby STAYS the enforcement of any and all outstanding orders for Mr. Garcias removal from the United States. In addition, Respondents are ORDERED to immediately release Mr. Garcia from their custody pending the Courts resolution of this case on the merits. The Court is cognizant that its discretion to issue a stay is abused if the stay [is] not kept within the bounds of moderation, Landis v. N. Am. Co., 299 U.S. 248, 256 (1936), and it therefore intends to quickly adjudicate the merits of Mr. Garcias request for a writ of habeas corpus, cf. AARP v. Trump, 605 U.S. 91, 96 (2025) (stating that lower courts should address AEA cases expeditiously). The parties are therefore ORDERED to appear before the Court for an evidentiary hearing on Thursday, December 18, 2025, at 2:00 p.m. Respondents are ORDERED to file the full administrative record with the Court by Tuesday, December 16, Signed by District Judge Clifton L Corker on 12/12/2025. (JCK) (Main Document 4 replaced on 12/12/2025 to correct minor clerical error) (Entered: 12/12/2025)

#5

Dec 12, 2025

NOTICE of Appearance by Robert C McConkey, III on behalf of Pamela Bondi, Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security (McConkey, Robert) (Entered: 12/12/2025)

#6

Dec 12, 2025

MOTION to Stay re 4 Order,,,,,, Terminate Motions,,,,,, Set Hearings,,,,, by Pamela Bondi, Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit)(McConkey, Robert) (Entered: 12/12/2025)

Dec 12, 2025

Summons Not Issued

Dec 12, 2025

Add and Terminate Judges

Dec 12, 2025

Summons NOT Issued

Dec 12, 2025

No summons received with initiating documents. Therefore, summons not issued as to Pamela Bondi, Paul Cooper, Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, Warden of Roger D. Wilson Detention Facility. (GRE)

Dec 12, 2025

District Judge Travis R McDonough and Magistrate Judge Jill E McCook added. (GRE)

#7

Dec 13, 2025

MEMORANDUM OPINION AND ORDER granting 6 Motion to Stay. Respondents' Motion to Stay Release Pending Forthcoming Motion to Reconsider [Doc. 6] is therefore GRANTED. The Court VACATES the portion of its Memorandum Opinion and Order [Doc. 4] in which it ordered Mr. Garcia's immediate release from ICE's custody, and Mr. Garcia is ORDERED to remain in ICE's custody pending the Court's adjudication of the merits of his request for a writ of habeas corpus. The Court's Memorandum Opinion and Order [Doc. 4] remains in full force and effect in all other respects, including its stay of the enforcement of any and all outstanding orders for Mr. Garcias removal from the United States. Signed by District Judge Clifton L Corker on 12/13/2025. (JCK) (Entered: 12/13/2025)

#8

Dec 14, 2025

MOTION for Reconsideration re 4 Order,,,,,, Terminate Motions,,,,,, Set Hearings,,,,, by Pamela Bondi, Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit Order of Removal)(McConkey, Robert) (Entered: 12/14/2025)

#9

Dec 15, 2025

ORDER re 1 Petition for Writ of Habeas Corpus filed by Diego Alberto Hernandez Garcia. Respondents are ORDERED to respond to Petitioner's Petition for Writ of Habeas Corpus [Doc. 1] by Wednesday, December 17, 2025. Rules Governing Section 2254 Cases in the United States District Courts 5(a). Signed by District Judge Clifton L Corker on 12/15/2025. (LCK) (Entered: 12/15/2025)

#10

Dec 15, 2025

ORDER: The parties are ORDERED to participate in a telephonic status conference on Tuesday, December 16, 2025, at 2:00 p.m. by dialing (423) 212-5515 and entering access code 8036938. (Telephonic Status Conference set for 12/16/2025 at 2:00 PM in Telephonic Hearing - Greeneville before District Judge Clifton L Corker). Signed by District Judge Clifton L Corker on 12/15/2025. (LCK) (Entered: 12/15/2025)

#11

Dec 15, 2025

Amended PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATNEDC-6186532.), filed by Diego Alberto Hernandez Garcia. (Attachments: # 1 Summons Summons to EOIR, # 2 Summons Summons to Kristi Noem, # 3 Summons Summons to Pamela Bondi, # 4 Summons Summons to Paul Cooper, # 5 Summons Summons to Scott Ladwig, # 6 Summons Summons to Todd Lyon, # 7 Summons Summons to DHS)(Bonano, Rachel) (Entered: 12/15/2025)

#12

Dec 16, 2025

Summons Issued as to Pamela Bondi (U.S. Attorney General), Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, and U.S. Department of Homeland Security. (BJL) (Entered: 12/16/2025)

#13

Dec 16, 2025

Summons Issued as to Paul Cooper. (BJL) (Entered: 12/16/2025)

#14

Dec 17, 2025

ORDER: Respondents are ORDERED to respond to Petitioner's First Amended Petition for Writ of Habeas Corpus [Doc. 11] by Friday, December 19, 2025, at close of business. The Court no longer requires a response to Petitioner's original petition. In addition, the Court's original intent was to hold an evidentiary hearing on Thursday, December 18, 2025, at 2:00 p.m., see [Mem. Op. & Order, Doc. 4, at 5], but during yesterdays telephonic status conference, the parties agreed that Court, in lieu of an evidentiary hearing, should hold a hearing to address discovery disputes that have arisen between them. The parties are therefore ORDERED to appear before the Court for a discovery hearing on Thursday, December 18, 2025, at 2:00 p.m. The discovery hearing will take place at the James H. Quillen United States Courthouse in Courtroom 420. Signed by District Judge Clifton L Corker on 12/17/2025. (CAT) (Entered: 12/17/2025)

#15

Dec 18, 2025

RESPONSE TO ORDER TO SHOW CAUSE-Return Of Writ by Pamela Bondi, Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit Ex 1 - IJ Decision, # 2 Exhibit Ex 2 - IJ Order, # 3 Exhibit Ex 3 - BIA Decision, # 4 Exhibit Ex 4 - Termination Notice)(McConkey, Robert) Modified on 12/19/2025 (BJL). (Entered: 12/18/2025)

#16

Dec 18, 2025

Minute Entry for proceedings held before District Judge Clifton L Corker: Discovery Hearing held on 12/18/2025. Order to enter. (Court Reporter Karen Bradley) (KDO) (Entered: 12/18/2025)

#17

Dec 19, 2025

ORDER re 11 Amended Petition for Writ of Habeas Corpus filed by Diego Alberto Hernandez Garcia. On Monday, December 15, 2025, Petitioner Diego Alberto Hernandez Garcia filed an Amended Petition for Writ of Habeas Corpus [Doc. 11]. The amended petition is not verified. Petitioner is ORDERED to file the appropriate verification of the amended petition by Tuesday, December 23, 2025. Signed by District Judge Clifton L Corker on 12/19/2025. (LCK) (Entered: 12/19/2025)

#18

Dec 19, 2025

ORDER: On Tuesday, December 16, 2025, the Court held a telephonic status conference with the parties, during which they advised the Court of Mr. Garcia's intent to file an amended petition for writ of habeas corpus. Mr. Garcia filed his amended petition later that same day. The Court ordered Respondents to file a response to the amended petition by Friday, December 19, 2025, a date agreed upon by the parties during the conference. Accordingly, Mr. Garcia may file a response to the return of writ by Monday, January 5, 2026. His response shall not exceed twenty-five pages in length, shall directly address the allegations, arguments, and authorities raised in the return, and shall not raise new claims. Respondents may file a reply by Monday, January 12, 2026, not to exceed twenty-five pages. After the briefing is complete, the Court will determine whether the amended petition presents disputed issues of material fact requiring an evidentiary hearing or whether the matter may be resolved on the existing record and as a matter of law. Signed by District Judge Clifton L Corker on 12/19/2025. (LCK) (Entered: 12/19/2025)

#19

Dec 23, 2025

AFFIDAVIT re 11 Petition for Writ of Habeas Corpus, Verifications of Petition and Affidavit by Diego Alberto Hernandez Garcia. (Bonano, Rachel) (Entered: 12/23/2025)

#20

Dec 23, 2025

ORDER that earlier today, Counsel for Respondents, by e-mail, advised the Court that Petitioner was placed on a flight departing the United States and was en route to El Salvador. Counsel for Respondents acknowledged the seriousness of this situation, and he described Petitioners placement on the flight as a mistake. He now advises the Court that Petitioner is on his way back to the United States. Upon Petitioners return to the United States, Respondents are ORDERED to provide the Court with immediate notice of his arrival in a written filing. The notice shall contain his time of arrival, the address of the facility where he is being detained, and the measures that Respondents are now taking to ensure that they do not prematurely remove him from the United States again. Signed by District Judge Clifton L Corker on 12/23/25. (KDO) (Entered: 12/23/2025)

#21

Dec 23, 2025

NOTICE by Pamela Bondi, Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, United States of America re 20 Order,,, (McConkey, Robert) (Entered: 12/23/2025)

#22

Dec 30, 2025

COURT REPORTER NOTES OF PROCEEDINGS filed by Karen Bradley of Motion Hearing before Judge Corker on December 18, 2025. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Eastern District of TN before Judge Corker on December 18, 2025. By s/ Karen Bradley. (Court Reporter Notes are viewable by court staff only). (KJB) (Entered: 12/30/2025)

#23

Jan 05, 2026

Response-Summary Of Argument to Motion re 8 MOTION for Reconsideration re 4 Order, 6 MOTION to Stay re 4 Order Reply to Return of Writ filed by Diego Alberto Hernandez Garcia. (Bonano, Rachel) Modified Text on 1/6/2026 (BJL). (Entered: 01/05/2026)

#24

Jan 08, 2026

ORDER: If either party desires Rule 5.2(c)s restriction on electronic access to remain in place, whether fully or partly, the party requesting non-disclosure must show, in a written filing to be submitted no later than Thursday, January 15, 2026, that (1) the judicial record contains information that courts will typically protect and (2) the judicial record, if not restricted, will cause a clearly defined and serious injury. Shane Grp., 825 F.3d at 305, 30708 (quotation omitted). Any party seeking non-disclosure must analyze in detail, i.e., on a document-by-document, line-by-line basis, the propriety of secrecy, providing reasons and legal citations, id. at 30506, 308 (quotation omitted), and, by extension, that party must explain why any document subject to non-disclosure is not amenable to redaction. If the parties do not timely submit the aforementioned written filings, the Court will promptly lift Rule 5.2(c)s restriction, allowing the broader public to have access to the full electronic record. Signed by District Judge Clifton L Corker on 1/8/2026. (JCK) (Entered: 01/08/2026)

#25

Jan 12, 2026

REPLY to Response to Motion re 8 MOTION for Reconsideration re 4 Order,,,,,, Terminate Motions,,,,,, Set Hearings,,,,, Reply in Support of Return of Writ filed by Pamela Bondi, Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit A - 6 USCIS-PM J.4 (2022))(McConkey, Robert) (Entered: 01/12/2026)

#26

Jan 15, 2026

RESPONSE re 24 Order,,,, . (McConkey, Robert) (Entered: 01/15/2026)

#27

Jan 20, 2026

ORDER: Respondents are therefore ORDERED to perform these redactions and to file the redacted documents in the record by Monday, January 26, 2026. See Order for details. Signed by District Judge Clifton L Corker on 01/20/2026. (CAT) (Entered: 01/20/2026)

#28

Jan 26, 2026

NOTICE by Pamela Bondi, Executive Office For Immigration Review, Scott Ladwig, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, United States of America re 27 Order, Respondents' Notice Regarding Order to File Redacted Documents (McConkey, Robert) (Entered: 01/26/2026)

#29

Feb 20, 2026

ORDER: In accordance with the Court's Order dated January 8, 2026 [Doc. 24], the Clerk of Court is DIRECTED to lift Federal Rule of Civil Procedure 5.2(c)s restriction on all the filings in the record. Signed by District Judge Clifton L Corker on 2/20/2026. (JCK) (Entered: 02/20/2026)

#30

May 08, 2026

MEMORANDUM OPINION AND ORDER. Accordingly, it is ORDERED that:1. Mr. Hernandez Garcia's Amended Petition for Writ of Habeas Corpus [Doc. 11] is DENIED; 2. Respondents' Motion for Reconsideration [Doc. 8] is DENIED; 3. The Court's stay against enforcement of Mr. Hernandez Garcia's removal order is LIFTED; 4. A judgment order consistent with this Memorandum Opinion and Order shall enter; and 5. The Clerk of Court is DIRECTED to administratively close this case. Signed by District Judge Clifton L Corker on 5/8/2026. (JCK)

#31

May 08, 2026

Judgment