Case: Y-Z-L-H v. Bostock

President Donald Trump

Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-9871922. Filed by Y-Z-L-H- against Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Attachments: # 1 Civil Cover Sheet). (Manning, Stephen) (Entered: 06/05/2025)

1 Civil Cover Sheet

View on PACER

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Youlee Yim You to Judge Michael H. Simon. (plb) (Entered: 06/05/2025)

Notice of Case Assignment: This case is assigned to Judge Michael H. Simon. (rks) (Entered: 06/05/2025)

ORDER - If Respondents already have moved Petitioner outside of the District of Oregon, Respondents are Ordered to notify the Court within two hours of being served with this Order. Respondents are further Ordered to state the exact date and time that Petitioner was transferred out of the District of Oregon and the reason why Respondents believed that such a move was immediately necessary. Signed on 6/5/2025 by Judge Michael H. Simon. (Copy of this order emailed to the Government on 6/5/2025) (mja) (Entered: 06/05/2025)

Proposed Summons Filed by Y-Z-L-H-. (Manning, Stephen) (Entered: 06/06/2025)

Summons Issued Electronically as to Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rks) (Entered: 06/06/2025)

ORDER - The Court GRANTS Petitioner's request to proceed anonymously in this case. See Petition, fn. 2. Additionally, based on the Respondents' June 5, 2025, 4:55PM email, which states that Petitioner was removed from the District of Oregon at approximately 12:30PM on June 5, 2025, the Court finds that, based on the best information it has at this time, it has subject matter jurisdiction over Petitioner's habeas Petition, which was filed at 11:21AM on June 5, 2025. The Court reiterates that Respondents must file a response to the Petition as ordered and that all other aspects of the Court's Order remain in effect. See Order, ECF 4 . Further, Respondents are ORDERED not to transport Petitioner from the Tacoma Detention Facility, unless Respondents are returning Petitioner to the District of Oregon. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/06/2025)

Order

Notice of Appearance of Tess Margaret Hellgren appearing on behalf of Y-Z-L-H-. Filed by on behalf of Y-Z-L-H-. (Hellgren, Tess) (Entered: 06/09/2025)

SCHEDULING ORDER - Based on Respondent's email request, unopposed by Petitioner, the Court extends the deadline for Respondent to answer or otherwise respond to the Petition for Writ of Habeas Corpus (ECF 1 ) to Thursday, June 12, 2025. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/09/2025)

1 - Scheduling

Response to 1 Petition for Writ of Habeas Corpus 2241, . Filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Todd Lyons, Pamela Bondi, Drew Bostock, Kristi Noem. Petitioners brief is due by 8/11/2025. Habeas Petition is taken under advisement as of 8/26/2025. (Keller, Joshua) (Entered: 06/12/2025)

Declaration of Cleveland Wilson . Filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Keller, Joshua) (Entered: 06/12/2025)

SCHEDULING ORDER - Petitioner may file a reply in support of his Petition and in response to Respondents Response (ECF 10 ), by June 20, 2025. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/16/2025)

1 - Scheduling

Motion for Bail Pending Adjudication of Habeas Petition. Oral Argument requested.Expedited Hearing requested. Filed by Y-Z-L-H-. (Hellgren, Tess) (Entered: 06/17/2025)

Declaration of Y-Z-L-H- . Filed by Y-Z-L-H-. (Related document(s): Motion - Miscellaneous 13 .) (Hellgren, Tess) (Entered: 06/17/2025)

Declaration of Alexis Ball . Filed by Y-Z-L-H-. (Related document(s): Motion - Miscellaneous 13 .) (Hellgren, Tess) (Entered: 06/17/2025)

Declaration of Ramona Sapru Henderson . Filed by Y-Z-L-H-. (Related document(s): Motion - Miscellaneous 13 .) (Hellgren, Tess) (Entered: 06/17/2025)

Declaration of Lindsay Jonasson . Filed by Y-Z-L-H-. (Related document(s): Motion - Miscellaneous 13 .) (Hellgren, Tess) (Entered: 06/17/2025)

Declaration of Lynn Stopher . Filed by Y-Z-L-H-. (Related document(s): Motion - Miscellaneous 13 .) (Hellgren, Tess) (Entered: 06/17/2025)

Motion to File Document Under Seal (DOCUMENT FILED UNDER SEAL). Counsel is required to serve the sealed documents conventionally pursuant to LR 5-2(e). Filed by Y-Z-L-H-. (Attachments: # 1 Proposed Sealed Document) (Hellgren, Tess) (Entered: 06/17/2025)

Notice of Appearance of Ariana N. Garousi appearing on behalf of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Todd Lyons, Pamela Bondi, Drew Bostock, Kristi Noem. Filed by on behalf of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Todd Lyons, Pamela Bondi, Drew Bostock, Kristi Noem. (Garousi, Ariana) (Entered: 06/18/2025)

ORDER - The Court GRANTS Petitioner's Motion to File Document Under Seal ECF, 19 . Filer is ordered to file the attachment(s) to the Motion to File Document Under Seal. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/18/2025)

(DOCUMENT FILED UNDER SEAL), Declaration of Lynn Stopher Sealed Exhibits A-G. Counsel is required to serve the sealed documents conventionally pursuant to LR 5-2(e). Filed by Y-Z-L-H-. (Related document(s): Order on Motion to File Document Under Seal 21, Motion - Miscellaneous 13 .) (Hellgren, Tess) (Main Document 22 replaced on 6/25/2025) (cw). (Entered: 06/18/2025)

SCHEDULING ORDER - The Court sets Oral Argument on the Petition for Writ of Habeas Corpus (ECF 1 ) for 6/27/2025 at 1:30 p.m. in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/18/2025)

Order on Motion to File Document Under Seal

1 - Scheduling

SCHEDULING ORDER: Per the email request of the parties, the Court STRIKES the hearing currently set for June 27, 2025, in Courtroom 15B and strikes the current deadline of June 20, 2025 for Petitioner to file his reply in support of his Petition. Petitioner may file a reply in support of Count Two by Monday, June 23, 2025. Respondent may file a surresponse on Count Two by Wednesday, June 25, 2025. The Court schedules oral argument on Count Two of the Petition for Tuesday, July 1, 2025, at 3:00pm, in Courtroom 15B. The Court stays briefing on the remaining counts of Petitioner's Petition (ECF 1 ) and Petitioner's Motion for Bail (ECF 13), pending the Court's resolution of Count Two. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/20/2025)

1 - Scheduling

Brief in Support of Petition . Filed by Y-Z-L-H-. (Manning, Stephen) (Entered: 06/23/2025)

Notice of Correction by Clerk regarding 22 (FILED UNDER SEAL) Declaration exhibits. A Clerical error has been discovered in the case record: The filing was missing a case caption cover page. The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect one. (cw) (Entered: 06/25/2025)

Brief in Support of Response to Petition for Writ of Habeas Corpus. Filed by All Defendants. (Related document(s): Response to Habeas Petition (2241), 10 .) (Keller, Joshua) (Entered: 06/25/2025)

Correction of the Record

MINUTES OF ORAL ARGUMENT HEARING: ORDER - The Court GRANTS Petitioner's Petition for Habeas Corpus on Count Two (ECF 1 ) and orders that Respondents release Petitioner from custody forthwith. The Court further orders that Respondents may not redetain Petitioner absent further order of the Court. Written Opinion and Order to follow not later than July 11, 2025. Nelly Paola Garcia Orjuela, Tess Margaret Hellgren, and Stephen W. Manning present as counsel for Petitioner. Joshua Keller and Ariana N. Garousi present as counsel for Respondents. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/01/2025)

Motion Hearing Held

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on July 1, 2025, before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/10/2025. Redaction Request due 7/24/2025. Redacted Transcript Deadline set for 8/4/2025. Release of Transcript Restriction set for 10/1/2025. (Apodaca, Dennis) (Entered: 07/03/2025)

Opinion and Order Granting Habeas Petition - The Court GRANTS the Petition for Writ of Habeas Corpus (ECF 1 ) based on Count Two and ORDERS Defendants immediately to release Petitioner from custody. Further, in aid of the Court's jurisd iction, which is hereby retained, the Court ORDERS pursuant to the All Writs Act, 28 U.S.C. § 1651, that Defendants shall not cause Petitioner to be re-detained during the pendency of his removal proceedings without prior leave of this Court. Finally, based on the stipulation of the parties, the Court expresses no opinion on the merits of any other count alleged in the Petition. Signed on 7/9/2025 by Judge Michael H. Simon. (mja)

ORDER - The Court has granted Petitioner's habeas petition. Therefore, it DENIES as MOOT Petitioner's Motion for Bail Pending Adjudication of Habeas Petition (ECF 13 ). Ordered by Judge Michael H. Simon. (mja) (Entered: 07/09/2025)

Order on Motion

Notice of Appeal to the 9th Circuit (fee exempt status selected) . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Keller, Joshua) (Entered: 08/29/2025)

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 32 . Case Appealed to Ninth Circuit Court of Appeals. Case Number 25-5579 assigned. (dino)

USCA Case Number

Notice of Attorney Withdrawal: Tess Hellgren Filed by Y-Z-L-H-. (Hellgren, Tess) (Entered: 04/16/2026)

Order of USCA for the 9th Circuit, USCA # 25-5579, re Notice of Appeal 32 . The unopposed motion for voluntary dismissal is granted. The appeal is dismissed. (ajm) (Entered: 06/30/2026)

Application for Fees Pursuant to EAJA . Filed by Y-Z-L-H-. (Garcia Orjuela, Nelly) (Entered: 07/29/2026)

Declaration of Y-Z-L-H- . Filed by Y-Z-L-H-. (Related document(s): Motion for Attorney Fees - EAJA 35 .) (Garcia Orjuela, Nelly) (Entered: 07/29/2026)

Declaration of Stephen W. Manning . Filed by Y-Z-L-H-. (Related document(s): Motion for Attorney Fees - EAJA 35 .) (Garcia Orjuela, Nelly) (Entered: 07/29/2026)

Declaration of Jordan Cunnings . Filed by Y-Z-L-H-. (Related document(s): Motion for Attorney Fees - EAJA 35 .) (Garcia Orjuela, Nelly) (Entered: 07/29/2026)

Declaration of Nelly Garcia Orjuela . Filed by Y-Z-L-H-. (Related document(s): Motion for Attorney Fees - EAJA 35 .) (Garcia Orjuela, Nelly) (Entered: 07/29/2026)

Unopposed Motion for Extension of Time to File a Response/Reply to Application for Fees Pursuant to EAJA 35 . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Keller, Joshua) (Entered: 08/07/2026)

ORDER - The Court GRANTS Respondents' Motion for Extension of Time. ECF 41 . Respondents' response to Petitioner's Application for Fees Pursuant to EAJA (ECF 35 ) is due not later than August 26, 2026. Respondent's Motion to Stay (ECF 40 ) is DENIED as MOOT. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/07/2026)

Order on Motion for Extension of Time to File Response/Reply to Motion

ORDER - On July 30, 2026, Respondents filed a motion to stay consideration of Petitioner's Application for Attorney's Fees ("Application") under the Equal Access to Justice Act ("EAJA"), ECF 35, until 60 days after the Supreme Court's decision in Montoya Palacios, Case No. 25-1223, 2026 WL 1855057 (U.S. June 29, 2026). The Supreme Court in Montoya Palacios is considering "whether, under EAJA, 'any civil action' encompasses an action seeking a writ of habeas corpus to challenge civil immigration detention." Montoya Palacios, Petition for Writ of Certiorari, 2026 WL 1169545, at *I (Apr. 20, 2026). Respondents state that based on conferral, Petitioner opposes the motion to stay. Petitioner, however, did not file any opposition to the motion. The Court GRANTS AS UNOPPOSED Respondents' Motion to Hold Case in Abeyance Pending Montoya Palacios, ECF 40 . The Court stays consideration of Petitioner's Application, ECF 35, until 60 days after the Supreme Court's decision in Montoya Palacios. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/27/2026)

Order

1 - Scheduling