Northern District of Ohio • 4:26-cv-02049

#1

Aug 25, 2026

Emergency Verified Petition under 28 USC 2241 for Writ of Habeas Corpus and Request for Immediate Order to Show Cause by a person in federal ICE custody. Filing fee paid $ 5, receipt number AOHNDC-13845229. Filed by Luis Verdecia Guerrero. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit List, # 3 Exhibit A - I-94, # 4 Exhibit B - Notice to Appear, # 5 Exhibit C - Proof of I-485 Filing, # 6 Exhibit D - Bond Order, # 7 Exhibit E - Notice of Intent to Deny, # 8 Exhibit F - Removal Order, # 9 Exhibit G - Order Granting Motion to Reopen, # 10 Exhibit H - Order Granting Motion to Terminate) (Rivero, Christopher) (Entered: 08/25/2026)

#2

Aug 26, 2026

Attorney Appearance by Patricia M. Fitzgerald filed by on behalf of Executive Office for Immigration Review (EOIR), Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary U.S. Department of Homeland Security, U.S. Attorney General. (Fitzgerald, Patricia) (Entered: 08/26/2026)

Aug 26, 2026

Order [non-document] Consistent with this Court's prior orders and the Sixth Circuit decision of Lopez-Campos v. Raycraft, 2026 U.S. App. LEXIS 13519 (6th Cir. 2026), the Court orders that, on or before Wednesday, September 2, 2026, Respondents must: (1) provide Petitioner with an individualized bond hearing, pursuant to 8 U.S.C. § 1226(a) at which the Government shall bear the burden of proof by clear and convincing evidence of justifying Petitioner's continued detention; or (2) release Petitioner from custody. The Court further orders Respondents to file a status report certifying compliance with this Order on or before 12:00 p.m. on September 4, 2026. The status report should state whether a bond hearing was held and the outcome of the hearing. It is SO ORDERED. Entered on behalf of Judge Dan Aaron Polster on 8/26/2026. (K,K)

Aug 26, 2026

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (D,Ju)

Aug 26, 2026

Copy of non-document Order mailed to William Cappabianca at Mahoning County Jail, 110 5th Ave., Youngstown, OH 44503 on 8/26/2026. (K,K)

Aug 26, 2026

Order

Aug 26, 2026

Judge Dan Aaron Polster assigned to case. (D,Ju)

#3

Sep 02, 2026

Emergency Motion to enforce Court Order issued on August 26, 2026 and Request for Order to Show Cause filed by Petitioner Luis Verdecia Guerrero. (Attachments: # 1 Exhibit A - EOIR-28 - Notice of Entry of Appearance as Attorney Before Immigration Court)(Rivero, Christopher) Modified text, added Motion for Order on 9/4/2026 (M,CE). (Entered: 09/02/2026)

Sep 02, 2026

Order

Sep 02, 2026

Order [non-document] On August 26, 2026, the Court ordered respondents to (1) provide Petitioner with an individualized bond hearing, pursuant to 8 U.S.C. § 1226(a) at which the Government shall bear the burden of proof by clear and convincing evidence of justifying Petitioner's continued detention; or (2) release Petitioner from custody. On September 2, 2026, Petitioner filed an emergency motion to enforce Court order. [ECF Doc. 3 ] Petitioner represents that the bond hearing took place outside of the presence of his attorney, and his bond was denied. Petitioner further alleges that his attorney was not notified of the hearing or given the opportunity to attend the hearing. Respondents must file a response to Petitioner's emergency motion to enforce Court order by 12:00 p.m. on September 4, 2026 explaining how and why this happened and what the Government proposes to do to correct its failure to comply with the Court's August 26th order. Entered on behalf of Judge Dan Aaron Polster on 9/2/2026. (K,K)

#4

Sep 04, 2026

Attorney Appearance by Ruchi Vikram Asher filed by on behalf of Executive Office for Immigration Review (EOIR), Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary U.S. Department of Homeland Security, U.S. Attorney General. (Asher, Ruchi) (Entered: 09/04/2026)

#5

Sep 04, 2026

Certificate of Compliance filed by Executive Office for Immigration Review (EOIR), Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary U.S. Department of Homeland Security, U.S. Attorney General. (Attachments: # 1 Exhibit 1 - Notice of Custody Redetermination, # 2 Exhibit 2 - IJ Order Denying Bond)(Asher, Ruchi) (Entered: 09/04/2026)

#6

Sep 04, 2026

Objection to Certificate of Compliance and Renewed Emergency Motion to Enforce Court's Order filed by Luis Verdecia Guerrero. (Rivero, Christopher) (Entered: 09/04/2026)

#7

Sep 04, 2026

Order Because Respondents did not notify Petitioner's counsel of record of the bond hearing, they did not comply with the Court's August 26, 2026 order, and the improper September 2, 2026 hearing is null and void. The Court VACATES the order issued by the immigration judge after the September 2, 2026 hearing which denied Respondent's request for release on bond. The Court GRANTS Petitioner's 3 emergency motion as follows: on or before September 11, 2025, Respondents must provide Petitioner with a new individualized bond hearing before a different immigration judge, pursuant to 8 U.S.C. § 1226(a) at which the Government shall bear the burden of proof by clear and convincing evidence of justifying petitioner's continued detention. Respondents must promptly notify Petitioner's counsel of the time and date of the hearing so he may attend and represent his client at the hearing. Respondents must file a status report certifying actual compliance with this Court's Order on or before 12:00 p.m. on September 14, 2026. The status report should state whether Petitioner's attorney was properly notified, when the bond hearing was held and the outcome of the hearing. Signed by Judge Dan Aaron Polster on 9/4/2026.(K,K) (Entered: 09/04/2026)

#8

Sep 10, 2026

Certificate of Compliance filed by Executive Office for Immigration Review (EOIR), Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary U.S. Department of Homeland Security, U.S. Attorney General. (Attachments: # 1 Exhibit A - Notice of Custody Redetermination Hearing, # 2 Exhibit B - IJ Order Granting Bond)Related document(s) 7 .(Fitzgerald, Patricia) (Entered: 09/10/2026)

#9

Sep 11, 2026

Order Upon due consideration of Respondent's Second Certificate of Compliance [ECF Doc. 8 ] the Court finds that the relief requested by Plaintiff has been provided. Respondents have now conducted a bond hearing after properly notifying Petitioner's counsel and bond has been set in the amount of $3,000. Accordingly, the Court hereby dismisses Plaintiff's emergency petition as moot and closes the case. Signed by Judge Dan Aaron Polster on 9/11/2026. (K,K) (Entered: 09/11/2026)