Case: Ledesma Gonzalez v. Bostock

U.S. District Court for the District of Oregon

U.S. District Court for the District of Oregon

President Donald Trump

Petition (In forma pauperis status selected). Filed by Fernando Ledesma Gonzalez against Fernando Ledesma Gonzalez (Attachments: # 1 Civil Cover Sheet, # 2 Motion). (Hecht, Raquel) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: Hearing is set for 7/2/2025 at 04:30PM in Eugene by videoconference before Judge Mustafa T. Kasubhai. The parties are ordered to connect to the Court's conference line at least 5 minutes prior to the scheduled hearing. Connection information will be sent by separate order. (bd) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding 2 Case Assignment Notice. A Clerical error has been discovered in the case record: Electronic notification of the event failed. The following corrections were made to the record: Entry will be stricken and a new Notice of Case Assignment will be docketed. (sss) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

Notice of Case Assignment: This case is assigned to Judge Mustafa T. Kasubhai. (sss) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

ORDER signed on 07/02/2025 by Judge Mustafa T. Kasubhai. (bd) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

Notice re Order 6 Notice of Petitioner Status Filed by Pamela Bondi, Drew Bostock, Immigration and Customs Enforcement and Removal Operations, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Related document(s): Order 6 .) (Luse, Susanne) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

Clerk's Notice of emailing to William Narus, Acting United States Attorney for the District of Oregon regarding Petition 1 Scheduling Order 3, Conference Call Access Information and Order 6 . (bd) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

Affidavit of Katrina Kilgren . Filed by Fernando Ledesma Gonzalez. (Hecht, Raquel) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

Supplement . Filed by Fernando Ledesma Gonzalez. (Hecht, Raquel) [Transferred from ord on 7/25/2025.] (Entered: 07/02/2025)

MINUTES of Proceedings: Telephonic Motion Hearing Held before Judge Mustafa T. Kasubhai. To determine whether the Court continues to exercise jurisdiction over the habeas petition in the circumstances presented in this matter, the Court grants Petitioner an opportunity to submit a brief. Petitioner's brief is due 7/9/2025, Respondent's response is due 7/14/2025, no reply. The Court SETS oral argument for 7/15/2025 at 1:30 p.m. by telephone. This Court continues to exercise jurisdiction while the issue is briefed and argued. Brownback v. King, 592 U.S. 209, 21819 (2021). The Court's July 2, 2025 Order remains in effect. Petitioner's Motion for TRO [1-2] is DENIED as MOOT. Raquel Hecht present as counsel for petitioner. Susanne Luse present as counsel for respondent. (Court Reporter: Lindsey Weresch.) (bd) [Transferred from ord on 7/25/2025.] (Entered: 07/03/2025)

Brief in Support of Petition of Retention of Habeas Corpus Jurisdiction. Filed by Fernando Ledesma Gonzalez. (Attachments: # 1 Exhibit Declaration of Alondra Gamboa, # 2 Exhibit Affidavit of Attorney) (Hecht, Raquel) [Transferred from ord on 7/25/2025.] (Entered: 07/09/2025)

Response to Petitioner's Brief on Jurisdiction.(Related document(s): Brief in Support of Petition 12 .) Filed by Pamela Bondi, Drew Bostock, Immigration and Customs Enforcement and Removal Operations, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Luse, Susanne) [Transferred from ord on 7/25/2025.] (Entered: 07/14/2025)

Declaration of Jason Weiss . Filed by Pamela Bondi, Drew Bostock, Immigration and Customs Enforcement and Removal Operations, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Related document(s): Response, 13 .) (Luse, Susanne) [Transferred from ord on 7/25/2025.] (Entered: 07/14/2025)

MINUTES of Proceedings: Oral Argument Held before Judge Mustafa T. Kasubhai: "[T]he general rule that for core habeas petitions... jurisdiction lies in... the district of confinement" is just that, a general rule. Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (emphasis added). Nothing in Trump v. J.G.G., 145 S. Ct. 1003 (2025) forecloses the exceptions described in Justice Kennedy's concurrence in Padilla, joined by Justice O'Connor. See Schmitz v. Zilveti, 20 F.3d 1043, 1045 (9th Cir. 1994) ("particular weight" is given to the concurrences of justices whose votes were necessary to forming the majority opinion). But on the record in this case, the Court finds that the exceptions to the general rule do not apply. The Government was not the cause of Petitioner's counsel's inability to file the habeas petition, prior to Petitioner's removal out of the District of Oregon. Rather, Petitioner's counsel was unable to file sooner because her credentials for accessing the Court's electronic filing system had expired. The Court finds it is in the interest of justice to transfer venue to the Western District of Washington-the district in which Petitioner is currently confined. The Court will enter an order effecting the transfer of venue on 7/22/2025, unless Petitioner first moves for dismissal. The Court's July 2, 2025 Order 6 remains in effect. Raquel Hecht present as counsel for petitioner. Susanne Luse present as counsel for respondents. (Court Reporter: Lindsey Weresch.) (bd) [Transferred from ord on 7/25/2025.] (Entered: 07/15/2025)

Notice of Appearance of Kurt David Hermansen appearing on behalf of Fernando Ledesma Gonzalez. Filed by on behalf of Fernando Ledesma Gonzalez. (Hermansen, Kurt) [Transferred from ord on 7/25/2025.] (Entered: 07/23/2025)

Notice of Appearance of Kara Anne Sagi appearing on behalf of Fernando Ledesma Gonzalez. Filed by on behalf of Fernando Ledesma Gonzalez. (Sagi, Kara) [Transferred from ord on 7/25/2025.] (Entered: 07/23/2025)

Motion to Withdraw or Substitute an Attorney and Statement Respecting Transfer of Case. Filed by Fernando Ledesma Gonzalez. (Hecht, Raquel) [Transferred from ord on 7/25/2025.] (Entered: 07/23/2025)

ORDER by Judge Mustafa T. Kasubhai: Petitioner's Motion to allow Attorney Hecht to withdraw as Counsel 18 is GRANTED. (bd) [Transferred from ord on 7/25/2025.] (Entered: 07/24/2025)

ORDER by Judge Mustafa T. Kasubhai: The Court Orders the Clerk of the Court to transfer this matter to the Western District of Washington. 28 U.S.C. § 1631. (bd) [Transferred from ord on 7/25/2025.] (Entered: 07/24/2025)

Case transferred in from District of Oregon, Case Number 6:25-cv-01149. (MIH) Modified on 7/25/2025 to correct transfer date (MIH). (Entered: 07/25/2025)

Order

Order on Motion to Withdraw as Attorney

LETTER from Clerk to counsel re receipt of case from District of Oregon (Eugene) and advising of WAWD case number and judge assignment. (MIH) (Entered: 07/25/2025)

Add and Terminate Judges

Judge Jamal N Whitehead and Magistrate Judge Grady J Leupold added. (MIH)

DISREGARD/ correctly docketed at dkt 24 . Notice of Filing Deficiency re 1 Petition for Writ of Habeas Corpus. ***Action Required*** Filing Fee.See attached letter for more information and instructions. Filing fee due by 8/4/2025 (CDA) Modified on 7/28/2025 to strike (CDA). (Entered: 07/28/2025)

Notice of Filing Deficiency re 1 Petition for Writ of Habeas Corpus. ***Action Required*** Filing Fee.See attached letter for more information and instructions. Filing fee due by 8/4/2025 (CDA) Modified on 7/28/2025 re-generated NEF to attorneys Hermansen and Sagi (CDA). (Entered: 07/28/2025)

Case/IFP Deficiency Letter

Pay Filing Fee - Writ of Habeas Corpus

Writ of Habeas Corpus Filing Fee payment by attorney Kurt David Hermansen on behalf of Petitioner Fernando Ledesma Gonzalez re 24 Case/IFP Deficiency Letter,. $5.00 receipt number AWAWDC-9094562 (Hermansen, Kurt)

MOTION to Appoint Counsel, filed by Petitioner Fernando Ledesma Gonzalez. (Attachments: # 1 Proposed Order) Noting Date 7/29/2025, (Hermansen, Kurt) (Entered: 07/29/2025)

ORDER granting Petitioner's 25 Motion to Appoint Additional Counsel. AFPD Gregory Murphy is hereby APPOINTED as counsel for Petitioner in accordance with 18 U.S.C. § 3006A(c). Signed by Magistrate Judge Grady J Leupold.(MW)

ORDER FOR SERVICE AND ANSWER, § 2241 PETITION. If not previously accomplished, electronic posting of this Order and Petitioner's Petition shall effect service upon the United States Attorney of the Petition and any supporting documents. Dkt. 1 . Service upon the United States Attorney is deemed to be service upon the Respondents. Within 30 days of the date this Order is posted, Respondents shall show cause why a writ of habeas corpus should not be granted by filing a return as provided in 28 U.S.C. § 2243. Signed by Magistrate Judge Grady J Leupold. (MW) (Entered: 08/07/2025)

NOTICE of Appearance by attorney James C. Strong on behalf of Respondents Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Strong, James) (Entered: 09/08/2025)

RETURN and STATUS REPORT by All Defendants. Noting date 10/6/2025. (Strong, James) Modified to add noting date on 9/9/2025 (MW). (Entered: 09/08/2025)

DECLARATION of Christopher Sica re 29 Return & Status Report by All Defendants (Strong, James) (Entered: 09/08/2025)

DECLARATION of James C. Strong re 29 Return & Status Report by All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Strong, James) (Entered: 09/08/2025)

NOTICE of Appearance by attorney Jorge Leonardo Costales on behalf of Petitioner Fernando Ledesma Gonzalez. (Costales, Jorge) (Entered: 09/09/2025)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Gregory Murphy for Petitioner Fernando Ledesma Gonzalez. (Murphy, Gregory) (Entered: 09/09/2025)

Noting Date Set/Reset re 29 Return and Status Report: Noting Date 10/6/2025. (MW)

Set/Reset Motion Noting Date (Public)

MOTION for Leave to File Over-length Motions and Briefs Motion for Leave to File Overlength Response, filed by Petitioner Fernando Ledesma Gonzalez. (Attachments: # 1 Proposed Order) Noting Date 9/19/2025, (Sagi, Kara) (Entered: 09/19/2025)

RESPONSE by Petitioner Fernando Ledesma Gonzalez re 29 Return and Status Report Response in Support of Habeas Petition. Oral Argument and Expedited Consideration Requested (Sagi, Kara) (Entered: 09/19/2025)

EXHIBIT Exhibits to Response in Support of Habeas Petition re 35 Response (non motion) by Petitioner Fernando Ledesma Gonzalez (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sagi, Kara) (Entered: 09/19/2025)

Emergency MOTION for Temporary Restraining Order, filed by Petitioner Fernando Ledesma Gonzalez. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/22/2025, (Sagi, Kara) (Entered: 09/22/2025)

NOTICE of Intent to Oppose Emergency Temporary Restraining Order re 37 Emergency MOTION for Temporary Restraining Order ; filed by Respondents Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Strong, James) (Entered: 09/23/2025)

RESPONSE, by Respondents Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement, to 37 Emergency MOTION for Temporary Restraining Order . (Strong, James) (Entered: 09/24/2025)

ORDER GRANTING LEAVE TO FILE OVERLENGTH BRIEFS. For good cause shown, Petitioner's Motion (Dkt. 34 ) is GRANTED. Petitioner MAY FILE a response of up to 8,000 words, and Respondents MAY FILE a reply of up to 4,000 words. Signed by Magistrate Judge Grady J Leupold. (BKP) (Entered: 09/24/2025)

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS. The Court GRANTS the habeas petition, Dkt. No. 1 , DENIES Respondents' return Dkt. No. 29 , and DENIES Petitioner's TRO motion as moot, Dkt. No. 37 . The Court ORDERS Respondents to RELE ASE Petitioner from custody immediately, and further, that Petitioner may not be re-detained until after an immigration court hearing is held (with adequate notice) to determine whether detention is appropriate. Within TWENTY-FOUR (24) hours of this order, Respondents must provide the Court with a declaration confirming that Ledesma Gonzalez has been released from custody and informing the Court of the date and time of his release. Signed by Judge Jamal N Whitehead. (KRA)

DECLARATION of Enrique Rodriquez re 41 Order on Motion for Miscellaneous Relief,,, Order on Motion for Temporary Restraining Order,, by Respondents Pamela Bondi, Todd Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Strong, James) (Entered: 10/08/2025)