Case: C.G. v. Noem

1:25-cv-00079 | U.S. District Court for the Northern District of Texas

Filed Date: May 15, 2025

Case Ongoing

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Case Summary

This case challenged the detention and threatened removal of a Venezuelan asylum-seeker under the Trump administration’s March 2025 proclamation invoking the Alien Enemies Act (AEA), 50 U.S.C. § 21. On April 15, 2025, F.J.C.G. (a pseudonym), represented by the Children’s Legal Center, filed a habeas petition in the U.S. District Court for the Northern District of Illinois against Kristi Noem (Secretary of Homeland Security), Pamela Bondi (Attorney General), ICE Field Office Director Ladeon Fran…

This case challenged the detention and threatened removal of a Venezuelan asylum-seeker under the Trump administration’s March 2025 proclamation invoking the Alien Enemies Act (AEA), 50 U.S.C. § 21. On April 15, 2025, F.J.C.G. (a pseudonym), represented by the Children’s Legal Center, filed a habeas petition in the U.S. District Court for the Northern District of Illinois against Kristi Noem (Secretary of Homeland Security), Pamela Bondi (Attorney General), ICE Field Office Director Ladeon Francis, and Broadview Warden Michael J. Smith.

The case was initially assigned to Judge Robert W. Gettleman.

Petitioner, a Venezuelan national, entered the United States in 2022 and had pending applications for asylum and Temporary Protected Status. On March 21, ICE officers arrested him without a warrant at his home in Illinois, allegedly in violation of the Nava settlement governing ICE’s civil enforcement practices. He was transferred through multiple detention facilities and ultimately held at the Bluebonnet Detention Facility in Anson, Texas. While his removal proceedings remained pending before the Chicago Immigration Court—with no final removal order entered—he was allegedly subject to imminent deportation.

The habeas petition alleged that the detention and removal violated petitioner’s statutory and constitutional rights. Specifically, it asserted that ICE sought to remove him under the Alien Enemies Act and a March 15 presidential proclamation targeting Venezuelan nationals affiliated with the Tren de Aragua gang. The petition challenged the legality of removal prior to adjudication of the asylum case and argued that no statutory mechanism justified his removal in the absence of a final order. The petition alleged violations of the Fifth Amendment Due Process Clause, 8 U.S.C. § 1229a(b)(1)(B) (requiring a hearing and opportunity to examine evidence), and § 1229a(c)(1)(A) (limiting removal to post-hearing determinations).

On April 17, Judge Gettleman issued a temporary restraining order (TRO) barring removal of the petitioner from the United States and requiring notice of any designation as an “alien enemy” under the proclamation. The court extended the TRO on May 1, but on May 15, following confirmation that the petitioner was covered by a class-wide injunction issued by the Supreme Court in A.A.R.P. v. Trump, 145 S. Ct. 1034 (2025), the court vacated the TRO without prejudice. On the same day, the court ordered the case transferred to the Northern District of Texas, where the petitioner was confined.

Following transfer, the case was reassigned to Judge James Wesley Hendrix in the Northern District of Texas. On June 23, 2025, the court issued an order to show cause, directing the government to respond to the habeas petition by July 8, 2025, and the petitioner to reply by July 22. The court reserved decision on whether to hold a hearing.

Summary Authors

Scott Shuchart (5/21/2025)

Brian Chen (7/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70275721/parties/fjcg-v-noem/


Expert/Monitor/Master/Other

Chicago, AUSA - (Texas)

Hoover, Laura J (Texas)

Kocheny, Brigitte T. (Texas)

Olivares, Efren Carlos (Texas)

Oswald, Craig Arthur (Texas)

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Documents in the Clearinghouse

Document
1

1:25-cv-00079

Petition for Writ of Habeas Corpus

April 15, 2025

April 15, 2025

Complaint
20

1:25-cv-00079

Temporary Restraining Order

April 17, 2025

April 17, 2025

Order/Opinion
37

1:25-cv-00079

Order

May 15, 2025

May 15, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70275721/fjcg-v-noem/

Last updated Aug. 21, 2025, 4:32 p.m.

ECF Number Description Date Link Date / Link
1

PETITION for writ of habeas corpus filed by F. J. C.G. against LaDeon Francis, KRISTI NOEM, Michael J Smith Filing fee $ 5, receipt number AILNDC-23353657. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

Clearinghouse
2

ATTORNEY Appearance for Petitioner F. J. C.G. by Laura J Hoover (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
3

ATTORNEY Appearance for Petitioner F. J. C.G. by Laura J Hoover (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
4

CIVIL Cover Sheet (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
5

SEALED MOTION by Petitioner F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
16

SUMMONS Issued (Court Participant) as to Pamela Bondi, LaDeon Francis, Kristi Noem, Michael J Smith, U.S. Attorney, and U.S. Attorney General (Attachments: # 1 Summons Ladeon, # 2 Summons Michael, # 3 Summons Kristi)(txd, ) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
6

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing set for 4/17/2025 at 10:00 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cn). [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
7

MOTION by Petitioner F. J. C.G. for temporary restraining order (Attachments: # 1 Supplement, # 2 Exhibit A-B)(Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/16/2025)

1 Supplement

View on RECAP

2 Exhibit A-B

View on RECAP

April 16, 2025

April 16, 2025

PACER

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (txd, ) [Transferred from Illinois Northern on 5/15/2025.]

April 16, 2025

April 16, 2025

PACER
17

NOTICE of Motion by Laura J Hoover for presentment of petition for writ of habeas corpus 1, motion for temporary restraining order 7, Sealed motion 5 before Honorable Robert W. Gettleman on 4/17/2025 at 10:00 AM. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
18

NOTICE of Motion by Laura J Hoover for presentment of petition for writ of habeas corpus 1, motion for temporary restraining order 7, Sealed motion 5 before Honorable Robert W. Gettleman on 4/17/2025 at 10:00 AM. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
19

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 4/17/2025. Petitioner's counsel stated she dropped off a copy of the complaint at the US Attorney's Office and emailed a copy to DHS and ICE. No defendant has appeared on the record and no defense counsel was on the hearing. Motion for Leave to Proceed Under a Pseudonym 5 is granted. For the reasons stated on the record, Petitioner's Emergency Motion for Temporary Restraining Order and Preliminary Injunction 7 is granted in part. Order to follow. Telephonic hearing set for 5/1/2025 at 9:30 a.m. Counsel is directed to file a brief status with the information discussed by 4/24/2025. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cn). [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
20

**VACATED per 37 Order**TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 4/17/2025. Emailed notice (cn). [Transferred from Illinois Northern on 5/15/2025.] Modified on 5/15/2025 (amg). (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

Clearinghouse
21

DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Kristi Noem, Ladeon Francis, Pamela Bondi, Michael J. Smith (Oswald, Craig) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
22

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
23

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
24

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
25

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
26

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
27

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
28

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
29

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
30

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
31

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
32

CERTIFICATE of Service by Laura J Hoover on behalf of F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
33

STATUS Report by F. J. C.G. (Hoover, Laura) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
34

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 5/1/2025. The Government is directed to respond to the TRO, and address the court's jurisdiction over this matter by 5/13/2025. The court extends the TRO entered on 4/17/2025 20 to 5/15/2025. Telephonic hearing set for 5/15/2025 at 9:30 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cn). [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER
35

DESIGNATION of Joshua Samuel Press as U.S. Attorney for Defendants Pamela Bondi, Ladeon Francis, Kristi Noem, Michael J. Smith (Press, Joshua) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER
36

RESPONSE by Defendants Pamela Bondi, Ladeon Francis, Kristi Noem, Michael J. Smith, Respondents Pamela Bondi, LaDeon Francis, Kristi Noem, Michael J Smith to telephone conference,,,, set/reset hearings,,, 34 (Attachments: # 1 Declaration of Kevin Taylor Jr.)(Press, Joshua) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/13/2025)

1 Declaration of Kevin Taylor Jr.

View on RECAP

May 13, 2025

May 13, 2025

RECAP
37

ORDER: Telephonic hearing held on 5/15/2025. By the agreement of the parties, the Clerk is directed to substitute Joshua Johnson, ICE Dallas Acting Field Director, and Marcello Villegas, Warden of the Bluebonnet Detention Facility (Center), in for Respondents Michael J. Smith and Ladeon Francis in this matter. By further agreement of the parties, under 28 U.S.C. § 1631, the Clerk is directed to transfer this case to the United States District Court for the Northern District of Texas forthwith. It is further ordered that the Temporary Restraining Order that this court entered on April 17, 2025 20, and further extended on May 1, 2025 34, is vacated without prejudice based on Respondents' agreement that Petitioner is covered by the Order of the Supreme Court of the United States in A.A.R.P. v. Trump, 145 S. Ct. 1034 (2025) ("The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court."). Signed by the Honorable Robert W. Gettleman on 5/15/2025: Mailed notice (daj, ) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

Clearinghouse
38

TRANSFERRED to the Northern District of Texas the electronic record. (daj, ) [Transferred from Illinois Northern on 5/15/2025.] (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
39

Case electronically transferred in from District of Illinois Northern; Case Number 1:25-cv-04107. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
40

New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) (amg) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
41

NOTICE of Attorney Appearance by Nancy Naseem Safavi on behalf of Pamela Bondi, Joshua Johnson, Kristi Noem, Marcello Villegas. (Filer confirms contact info in ECF is current.) (Safavi, Nancy) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER
42

NOTICE of Attorney Appearance by Efren Carlos Olivares on behalf of F. J. C.G.. (Filer confirms contact info in ECF is current.) (Olivares, Efren) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
43

MOTION Appear without local counsel filed by F. J. C.G. with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Support, # 2 Proposed Order Proposed Order) (Olivares, Efren) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
44

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Laura Smith (Filing fee $100; Receipt number ATXNDC-15547511) filed by F. J. C.G. (Attachments: # 1 Exhibit(s) 1. Certificate of Good Standing) (Olivares, Efren) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER
45

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brigitte T. Nuss Kocheny (Filing fee $100; Receipt number ATXNDC-15548611) filed by F. J. C.G. (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Olivares, Efren) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER
46

ORDER. Before the Court is Efren C. Olivares's unopposed motion to waive the local counsel requirements set forth in Local Civil Rule 83.10. Dkt. No. 43 . For the reasons stated in the motion, the motion is granted. Also before the Court are Laura J. Smith's and Brigitte T. Nuss Kocheny's Applications for Admission Pro Hac Vice. Dkt. Nos. 44 ; 45 . The applications are granted. The Clerk of Court shall deposit the admission fees to the account of the Non-Appropriated Fund of this Court. If Smith and Kocheny have not already done so, they must register as ECF users within 14 days. (Ordered by Judge James Wesley Hendrix on 6/9/2025) (skh) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER
47

MOTION for Order to Show Cause filed by F.J.C.G. (Attachments: # 1 Declaration(s), # 2 Declaration(s), # 3 Declaration(s), # 4 Additional Page(s), # 5 Proposed Order) (Smith, Laura) (Entered: 06/20/2025)

June 20, 2025

June 20, 2025

PACER
48

ORDER TO SHOW CAUSE. The Court finds good cause to give the respondents 14 days to respond to this show-cause order. See 28 U.S.C. § 2243. Therefore, the respondents are ordered to file an answer to the petition by no later than July 8, 2025. The respondents also may file any other relevant motions by that deadline. The petitioner may file a reply to the respondents answer by no later than July 22, 2025. Service of this Order shall be made by the petitioner on the United States Attorney for the Northern District of Texas by 5:00 p.m. CT on June 24, 2025, which shall constitute good and sufficient service. (Ordered by Judge James Wesley Hendrix on 6/23/2025) (skh) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

RECAP
49

MOTION to Stay Proceedings Pending Appeal of WMM filed by Pamela Bondi, Joshua Johnson, Kristi Noem, Marcello Villegas (Safavi, Nancy) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
50

RESPONSE filed by F.J.C.G. re: 49 MOTION to Stay Proceedings Pending Appeal of WMM (Smith, Laura) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
51

ORDER. The respondents' motion (dkt. No. 49 ) is granted, and this case is stayed pending the outcome of the appeal of W.M.M. at the Fifth Circuit. See Fifth Cir. No. 25-10534. (Ordered by Judge James Wesley Hendrix on 7/28/2025) (skh) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

RECAP