Case: E-M v. Lyons

E-M v. Bostock

E-M v. Bostock

President Donald Trump

Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-9892160. Filed by E-M- against Pam Bondi, Drew Bostock, Immigration and Customs Enforcement, Todd Lyons, Kristi Noem, US Department of Homeland Security. (Cunnings, Jordan) (Entered: 06/24/2025)

Notice of Case Assignment: This case is assigned to Judge Michael H. Simon. (eo) (Entered: 06/24/2025)

Civil Cover Sheet regarding Petition for Writ of Habeas Corpus 2241, 1 . Filed by E-M-. (Cunnings, Jordan) (Entered: 06/24/2025)

ORDER - The Court ORDERS Respondents to answer or otherwise respond to the Petition by noon on June 27, 2025, not to move Petitioner outside the District of Oregon without advance notice to the Court as described in this Order, and to notify the Court within two hours of being served with this Order if Petitioner already has been transferred out of the District of Oregon. Signed on 6/24/2025 by Judge Michael H. Simon. (mja) Copy of order emailed to the government attorneys. Modified on 6/25/2025 to add language (mja). (Entered: 06/24/2025)

Unopposed Motion for Extension of Time to Answer Petition for Writ of Habeas Corpus 2241, 1 . Filed by U.S. Immigration and Customs Enforcement, Pam Bondi, US Department of Homeland Security, Kristi Noem, Drew Bostock, Todd Lyons. (Danielson, Kevin) (Entered: 06/27/2025)

Declaration of Allison Williams . Filed by Pam Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Immigration and Customs Enforcement, US Department of Homeland Security. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition, 5 .) (Danielson, Kevin) (Entered: 06/27/2025)

Proposed Summons Filed by E-M-. (Garcia Orjuela, Nelly) (Entered: 06/27/2025)

Summons Issued Electronically as to Pam Bondi, Drew Bostock, Kristi Noem, U.S. Immigration and Customs Enforcement, US Department of Homeland Security. 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. (ajm) (Entered: 06/27/2025)

ORDER - The Court GRANTS Respondents' unopposed motion to extend the deadline to respond to Petitioner's petition for a writ of habeas corpus (ECF 5 ). Respondents are directed to file their response not later than July 14, 2025. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/27/2025)

Order on Motion for Extension of Time to Answer a Complaint/Petition

Motion to Enforce Compliance with Court Order. Filed by E-M-. (Manning, Stephen) (Entered: 06/30/2025)

Declaration of Petitioner E-M- . Filed by E-M-. (Related document(s): Motion - Miscellaneous 10 .) (Manning, Stephen) (Entered: 06/30/2025)

Declaration of Nelly Garcia Orjuela . Filed by E-M-. (Related document(s): Motion - Miscellaneous 10 .) (Attachments: # 1 Exhibit) (Manning, Stephen) (Entered: 06/30/2025)

Declaration of Mohammad Anwari . Filed by E-M-. (Related document(s): Motion - Miscellaneous 10 .) (Manning, Stephen) (Entered: 06/30/2025)

Declaration of Emma Gill . Filed by E-M-. (Related document(s): Motion - Miscellaneous 10 .) (Manning, Stephen) (Entered: 06/30/2025)

Declaration of Tess Hellgren . Filed by E-M-. (Related document(s): Motion - Miscellaneous 10 .) (Manning, Stephen) (Entered: 06/30/2025)

Unopposed 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 E-M-. (Attachments: # 1 Proposed Sealed Document, # 2 Proposed Sealed Document) (Manning, Stephen) (Entered: 06/30/2025)

ORDER - The Court GRANTS Petitioner's Motion to File Document Under Seal 16 . Filer is ordered to file the attachment(s) to the Motion to File Document Under Seal. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/01/2025)

Order on Motion to File Document Under Seal

0seal - Seal Docket Entry and/or Document ONLY use with other selection

(DOCUMENT FILED UNDER SEAL). Counsel is required to serve the sealed documents conventionally pursuant to LR 5-2(e). Filed by E-M-. (Related document(s): Order on Motion to File Document Under Seal 17 .) (Manning, Stephen)

Response to 1 Petition for Writ of Habeas Corpus 2241, . Filed by U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security, Kristi Noem, Drew Bostock, Pamela Bondi, Todd Lyons. Petitioners brief is due by 9/12/2025. Habeas Petition is taken under advisement as of 9/29/2025. (Danielson, Kevin) (Entered: 07/14/2025)

Declaration of Timothy Walsh . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Related document(s): Response to Habeas Petition (2241), 18 .) (Danielson, Kevin) (Entered: 07/14/2025)

Response to Motion to Enforce Compliance with Court Order 10 . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Danielson, Kevin) (Entered: 07/14/2025)

Declaration of Timothy Walsh . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Related document(s): Response to Motion 20 .) (Danielson, Kevin) (Entered: 07/14/2025)

Motion for Leave for limited, expedited discovery. Filed by E-M-. (Manning, Stephen) (Entered: 07/28/2025)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Enforce Compliance with Court Order 10 . Filed by E-M-. (Manning, Stephen) (Entered: 07/28/2025)

SCHEDULING ORDER - Respondents' response to Petitioner's Opposed Motion for Expedited Limited Discovery (ECF 22 ) is due August 1, 2025. The Court GRANTS Petitioners' Unopposed Motion for an Extension of Time (ECF 23 ) to File a Reply in Opposition to Respondents' Opposition to the Motion to Enforce Compliance (ECF 20 ). Ordered by Judge Michael H. Simon (mja) (Entered: 07/28/2025)

1 - Scheduling

Response to Motion for Leave for limited, expedited discovery 22 . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Danielson, Kevin) (Entered: 08/01/2025)

SCHEDULING ORDER - Petitioner has moved for leave to conduct expedited discovery, ECF 22 . The parties agree that the Court should apply the "good cause" standard under Rule 6(a) of the Rules Governing Section 2254 Cases in the United States District Courts. "Good cause exists 'where specific allegations before the court show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is... entitled to relief....'" Smith v. Mahoney, 611 F.3d 978, 996 (9th Cir. 2010) (quoting Bracy v. Gramley, 520 U.S. 899, 908-09 (1997) (first alteration in Bracy, second alteration in Smith). Respondents argue that Petitioner cannot show that he is entitled to relief on his petition for habeas corpus because federal habeas jurisdiction under 28 U.S.C § 2241(c)(3) is limited to persons in custody and the "core of habeas is reserved for claims that seek release from confinement," and Petitioner already has been released and is no longer confined. ECF 25 at 6 (quoting Pinson v. Carvajal, 69 F.4th 1059, 1072 (9th 2023)). The Court orders Petitioner to respond to this argument by Thursday, August 7, 2025. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/04/2025)

1 - Scheduling

Reply to Motion for Leave for limited, expedited discovery 22 . Filed by E-M-. (Manning, Stephen) (Entered: 08/07/2025)

ORDER - The Court GRANTS IN PART AND DENIES IN PART Petitioner's Motion for Leave for Expedited Limited Discovery, ECF 22 . The Court grants Petitioner's request to take limited discovery. The Court denies Petitioner's request to expedite the discovery, at least to the extent that Petitioner requests in his pending motion. Respondents may have 30 days from the date of this Order to respond fully to Petitioner's discovery requests and to complete the requested depositions. The Court extends the deadline for Petitioner's reply in support of his Petition until October 14, 2025. Signed on 8/12/2025 by Judge Michael H. Simon. (mja) (Entered: 08/12/2025)

Motion to Compel Discovery. Filed by E-M-. (Hellgren, Tess) (Entered: 09/09/2025)

Declaration of Tess Hellgren in support of Motion to Compel Discovery. Filed by E-M-. (Related document(s): Motion to Compel 29 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Hellgren, Tess) (Entered: 09/09/2025)

Stipulated Motion for Protective Order . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Danielson, Kevin) (Entered: 09/11/2025)

Stipulated Protective Order. Signed on 9/11/2025 by Judge Michael H. Simon. (mja) (Entered: 09/11/2025)

Response to Motion to Compel Discovery 29 . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Danielson, Kevin) (Entered: 09/23/2025)

Declaration of Cammilla Wamsley . Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Related document(s): Response to Motion 33 .) (Danielson, Kevin) (Entered: 09/23/2025)

ORDER - The Court GRANTS IN PART AND DENIES IN PART Petitioner's Motion to Compel, ECF 29, as discussed herein. The Court extends the discovery deadline to October 10, 2025, and extends Petitioner's reply to November 10, 2025. Signed on 9/24/2025 by Judge Michael H. Simon. (mja) (Entered: 09/24/2025)

Unopposed Motion for Stay of Discovery in Light of Lapse of Appropriations. Filed by Pamela Bondi, Drew Bostock, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Danielson, Kevin) (Entered: 10/01/2025)

ORDER - The Court GRANTS Respondents' Unopposed Motion for Stay of Discovery in Light of Lapse of Appropriations, ECF 36 . Ordered by Judge Michael H. Simon. (mja) (Entered: 10/01/2025)

Order on Motion for Stay