Herrera v. Secretary of the U.S. Department of Homeland Security, 4:26-cv-00125 - CourtListener.com

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Docket Entries Parties and Attorneys Authorities Document Number Date Filed Try again later. 1 Jan 16, 2026 Petition for Habeas Corpus against Secretary of the U.S. Department of Homeland Security, Attorney General of the United States, Warden Ed Vorhies, Warden Mike Meintel, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement Acting Director of U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review . Filing fee paid $ 405, Receipt number AOHNDC-13475239. Filed by Nolvin Ismael Herrera. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Index Petitioner's Index of Exhibits, # 4 Exhibit 1 - Parole Doc, # 5 Exhibit 2 - Employment Authorization, # 6 Exhibit 3 - Social Security, # 7 Exhibit 4 - Asylum Certificate of Service, # 8 Exhibit 5 - EOIR ECAS for Bond, # 9 Exhibit 6 - EOIR ECAS for Deportation, # 10 Exhibit 7 - ICE Policy, # 11 Exhibit 8 - Marriage Certificate, # 12 Exhibit 9 - Children's Birth Certificates, # 13 Exhibit 10 - Family Parole Documents, # 14 Exhibit 11 - Psych Report of Child, # 15 Exhibit 12 - Proof of Address, # 16 Exhibit 13 - Church Certificate, # 17 Exhibit 14 - Character Letters) (Starda, Gwendolyn) Modified text on 1/21/2026 (L,MI). (Entered: 01/16/2026) Main Doc­ument Complaint Jan 20, 2026 Judge James R. Knepp II assigned to case. (D,Ju) Jan 20, 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 Reuben J. Sheperd. (D,Ju) Jan 20, 2026 Remark by Clerk: This case was assigned and processed without the filing of a complete Civil Cover Sheet, which is required by Local Rule 3.13(a). Counsel was contacted regarding filing page 2. of the Civil Cover Sheet. Related document(s) 1 . (D,Ju) 2 Jan 20, 2026 Original Summons issued to counsel for service upon Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Mike Meintel, Secretary of the U.S. Department of Homeland Security, Ed Vorhies. (D,Ju) (Entered: 01/20/2026) Main Doc­ument 3 Jan 21, 2026 Civil Cover Sheet Instructions filed by Petitioner Nolvin Ismael Herrera. Related document(s) 1 . (Starda, Gwendolyn) Modified to term motion on 1/21/2026. Not a motion. (G,G). (Entered: 01/21/2026) Main Doc­ument Supplement Jan 21, 2026 Automatic Reference of Administrative Action Jan 21, 2026 FILING ERROR. Automatic Reference [non-document] of Administrative Action to Magistrate Judge Reuben J. Sheperd pursuant to Local Rule 72.2. Judge James R. Knepp II on 1/21/2026. (S,JM) Modified to mark filing error on 1/21/2026. Order of Referral to issue. (S,JM). 4 Jan 21, 2026 Order referring case to Magistrate Judge Reuben J. Sheperd for report and recommendation and issuance of any order requiring Respondent(s) to answer, service of the petition, or any appropriate order directed to this matter, pursuant to Rule 4 of the Federal Rules of Civil Procedure governing Habeas Corpus cases. Judge James R. Knepp II on 1/21/2026. (S,JM) (Entered: 01/21/2026) Main Doc­ument Order of Referral 5 Jan 21, 2026 Civil Cover Sheet page 2, filed by Nolvin Ismael Herrera. Related document(s) 1 . (Starda, Gwendolyn) (Entered: 01/21/2026) Main Doc­ument 6 Jan 21, 2026 Order: The Court has examined the petition and, on its face, cannot say whether petitioner is entitled to at least some of the relief requested. Accordingly, the Clerk of Court shall forward a copy of the petition (ECF Doc. 1 ), together with this Order, to all Respondents and to the Office of the United States Attorney, Northern District of Ohio. Pursuant to 28 U.S.C. § 2243, and for good cause shown, the Court orders Respondents to respond to the petition by January 26, 2026. Magistrate Judge Reuben J. Sheperd on 1/21/2026. (D,JJ) (Entered: 01/21/2026) Main Doc­ument Order Jan 21, 2026 Copy of 1 Petition, 6 Order, sent via electronic means to the Office of the United States Attorney, Northern District of Ohio on 1/21/2026. (D,JJ) 7 Jan 22, 2026 Attorney Appearance by Kathryn Gaughan Andrachik filed by on behalf of Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 01/22/2026) Main Doc­ument Jan 22, 2026 Order on Motion for extension of time to answer 8 Jan 22, 2026 Unopposed Motion for extension of time of 3 days until January 29, 2026 to respond to 1 Petition for Writ of Habeas Corpus filed by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. (Andrachik, Kathryn) (Entered: 01/22/2026) Main Doc­ument Extension (answer complaint) Jan 22, 2026 Order [non-document] granting Defendants' 8 Unopposed Motion for extension of time until January 29, 2026 to respond to Petition for Writ of Habeas Corpus. Magistrate Judge Reuben J. Sheperd on 1/22/2026. (D,JJ) 9 Jan 29, 2026 Response To 1 Petition For Writ Of Habeas Corpus filed by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A - NTA, # 2 Exhibit B - MTC Order, # 3 Exhibit C - Hearing Notice, # 4 Exhibit D - Bond Redetermination Request, # 5 Exhibit E - Bond Order) (Andrachik, Kathryn) (Entered: 01/29/2026) Main Doc­ument Feb 4, 2026 IMPORTANT Notice [non-document] of Status Conference set for 2/5/2026 at 11:00 AM to be held telephonically before Magistrate Judge Reuben J. Sheperd. Call-in instructions have been provided to counsel of record. (D,JJ) Feb 5, 2026 Minute Order _ Status Conference Feb 5, 2026 Minutes of Proceedings and Order [non-document]: On February 5, 2026, Magistrate Judge Reuben J. Sheperd conducted a telephone status conference on Petitioner's request to show cause under Section 2243 (ECF Doc. 1 ). In attendance were Gwendolyn Dee Starda for Petitioner and Kathryn Gaughan Andrachik for the United States Respondents. Wardens Ed Voorhies and Mike Meintel did not appear. The parties provided argument regarding Petitioner's status at the time of his arrest and detention and whether Sections 1225(b)(2)(A) or 1226(a) properly applies to him. The parties requested additional time to provide factual support for their respective positions, which was granted; the parties have until 12:00 p.m. on February 10, 2026 to provide their submissions. Petitioner is directed to submit documentation to show when his parole status expired, if at all (see ECF Doc. 1 -4), and the recording of the immigration bond hearing. Petitioner may submit either by USB directly to Chambers and opposing counsel, or may submit by email to chambers at sheperd_chambers@ohnd.uscourts.gov and cc'ing opposing counsel. Respondents are directed to submit documentation regarding the revocation of Petitioner's parole and the basis on which Petitioner was arrested and detained, if any. So ordered. Magistrate Judge Reuben J. Sheperd on 2/5/2026. (Time: 20 minutes). (D,JJ) 10 Feb 10, 2026 Reply memorandum to 9 Response To Petition For Writ Of Habeas Corpus filed by Nolvin Ismael Herrera. (Attachments: # 1 Appendix Table of Exhibits, # 2 Exhibit 15 - USCIS Policy Manual, # 3 Exhibit 16 - EOIR system with Bond Hearing, # 4 Exhibit 18 - Email from Chief IJ, # 5 Exhibit 19 - Individual Hearing Notice, # 6 Exhibit 20 - Pretermission Order) (Starda, Gwendolyn) (Entered: 02/10/2026) Main Doc­ument 11 Feb 10, 2026 Supplemental Response to Petition for Writ of Habeas Corpus filed by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. Related document(s) 1, 9 . (Attachments: # 1 Exhibit F - Parole Stamp, # 2 Exhibit G - I-213, # 3 Exhibit H - Declaration of Bradley Shaver) (Andrachik, Kathryn) (Entered: 02/10/2026) Main Doc­ument Feb 12, 2026 Order [non-document]: On January 21, 2026, Respondents were ordered pursuant to 28 U.S.C. 2243 to respond to the petition and show cause why the detained person is not entitled to relief. On January 29, 2026, Respondents provided their written response, and on February 5, 2026, I held a status conference and permitted the parties to file supplements (ECF Docs. 9, 10, 11 ). I find Respondents' filings lacking, and insufficient for the Court to determine what relief may be appropriate, if any. Petitioner contends he was compliant with all required immigration appearances when he was unexpectedly detained on December 15, 2025 when attempting to present for his required check-in. Respondents provide an unsworn declaration (ECF Doc. 11 -3) stating that Petitioner was noncompliant with his appearances, but provide no detail as to the date of noncompliance or copies of the messages sent to Petitioner regarding that noncompliance and his violation of the terms of his alternative to detention release. Respondents have until 5:00 p.m. on February 13, 2026 to provide supporting documentation. So ordered. Magistrate Judge Reuben J. Sheperd on 2/12/2026. (D,JJ) Feb 12, 2026 Order 12 Feb 12, 2026 Second Supplemental Response to Petition for Writ of Habeas Corpus filed by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Director of Detroit Field Office, U.S. Immigration and Customs Enforcement, Director, Executive Office for Immigration Review, Secretary of the U.S. Department of Homeland Security. Related document(s) 1 . (Attachments: # 1 Exhibit H - Declaration of Bradley Shaver) (Andrachik, Kathryn) (Entered: 02/12/2026) Main Doc­ument 13 Feb 17, 2026 Motion for sanctions filed by Petitioner Nolvin Ismael Herrera. (Attachments: # 1 Index Table of Exhibits, # 2 Exhibit Exhibit 21 - Petitioners Affidavit, # 3 Exhibit Exhibit 22 - I-220, # 4 Exhibit Exhibit 23 - Communication with Detention Facility)(Starda, Gwendolyn) (Entered: 02/17/2026) Main Doc­ument Sanctions 14 Feb 27, 2026 Report and Recommendation finding that Section 1225(b)(2)(A) is inapplicable to Petitioner and Respondents may not now impose mandatory detention against him pending his removal decision. I further find that Respondents have not sufficiently s upported the lawfulness of Herrera's initial detention, nor does statutory interpretation or court precedent counsel his detention. Petitioner's motion for sanctions (ECF Doc. 13 ) is moot for the reasons stated in this Report and Recommendation. I therefore recommend the District Court grant the writ as to Petitioner and order his immediate release. Objections to Report & Recommendation due by 3/13/2026. Magistrate Judge Reuben J. Sheperd on 2/27/2026. (D,JJ) Report and Recommendation