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Jorge Garcia Ortiz v. United States of America
Date: 08-10-2026
Case Number: 3:25-cv-01009
Judge: Damon Ray Leichty
Court: United States District Court for the Northern District of Indiana (St. Joseph County)
Plaintiff's Attorney: Constance Doyle
Defendant's Attorney: Brian Irvin
Description:
South Bend, Indiana, immigration lawyer represented the Defendant seeking a writ of habeas corpus. 8 USC1105(a) Aliens: Habeas Corpus to Release INS Detention
Reported by: Kent Morlan
12/09/2025 1 PETITION FOR WRIT OF HABEAS CORPUS ( Filing fee $ 5 receipt number AINNDC-6107433.), filed by Jorge Garcia Ortiz. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2)(Doyle, Constance) (Entered: 12/09/2025)
12/09/2025 2 Application for Attorney Constance M. Doyle to Appear Pro Hac Vice on behalf of Jorge Garcia Ortiz. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-6107434 (Attachments: # 1 Supplement Letter of Good Standing)(Doyle, Constance) (Entered: 12/09/2025)
12/10/2025 **NEW CASE** Judge Damon R Leichty and Magistrate Judge Scott J Frankel added. (nah) (Entered: 12/10/2025)
12/11/2025 3 ORDER granting 2 Application to Appear Pro Hac Vice of Attorney Constance M Doyle PHV for Jorge Garcia Ortiz. Signed by Magistrate Judge Scott J Frankel on 12/11/2025. (ace) (Entered: 12/11/2025)
12/12/2025 4 ORDER: The court (1) DIRECTS the clerk to serve a copy of this order and the petition (ECF 1) by certified mail, return receipt requested, to (a) the Civil-Process Clerk for the United States Attorney for the Northern District of Indiana; (b) the Attorney General of the United States; (c) the acting Director of the United States Immigration and Customs Enforcement at the Office of the Principal Legal Advisor; (d) the Secretary of the U.S. Department of Homeland Security, at the Office of General Counsel, and (e) the Warden of Miami Correctional Facility at the Indiana Department of Correction; (2) DIRECTS the clerk to email a copy of this order and the petition (ECF 1) to (a) the Indiana Department of Correction; (b) the Warden of Miami Correctional Facility at Miami Correctional Facility, and (c) the United States Attorney for the Northern District of Indiana; (3) ORDERS the respondents listed in the previous order line to acknowledge receipt of the petition to the clerk and DIRECTS the clerk to make a notation on the docket upon receiving confirmation of receipt of those deliveries; and (4) ORDERS such respondents to file a response (a return) to the petition by December 19, 2025, with any traverse due on or before December 26, 2025, with the petitioner to SHOW CAUSE by that date why the respondents beyond the custodial warden should not be immediately dismissed from this proceeding as improper parties. (Civil-Process Clerk - 9589071052702296072188, Attorney General - 9589071052702296072171, Director of the United States Immigration and Customs Enforcement - 9589071052702296072164, Secretary of the U.S. Department of Homeland Security - 9589071052702296072157, Warden of Miami Correctional Facility - 9589071052702296072195) Signed by Judge Damon R Leichty on 12/12/2025. (dnj) Modified too add routing on 12/15/2025 (kmt). (Entered: 12/12/2025)
12/15/2025 5 Confirmation received from Warden of MCF, IDOC, and US Attorney re: DE 1 and 4 . (nah) (Entered: 12/15/2025)
12/19/2025 6 NOTICE of Appearance by Brian Irvin - AUSA on behalf of Pamela Bondi, Brian English, Todd M. Lyons, Kristi Noem, Donald J Trump (Irvin - AUSA, Brian) (Entered: 12/19/2025)
12/19/2025 7 RESPONSE TO ORDER TO SHOW CAUSE by Pamela Bondi, Brian English, Todd M. Lyons, Kristi Noem, Donald J Trump. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Irvin - AUSA, Brian) (Entered: 12/19/2025)
12/22/2025 8 RESPONSE TO ORDER TO SHOW CAUSE by Jorge Garcia Ortiz filed by Jorge Garcia Ortiz. (Doyle PHV, Constance) (Entered: 12/22/2025)
12/30/2025 9 OPINION AND ORDER: the court DISMISSES the President of the United States Donald J. Trump; United States Secretary of Homeland Security Kristi Noem; United States Attorney General Pamela Bondi; and Acting Director of the United States Immigration and Customs Enforcement Todd M. Lyons; GRANTS IN PART the petition for a writ of habeas corpus and ORDERS respondent to release Jorge Garcia Ortiz immediately from custody and to certify compliance with this order by filing a notice with the court by 12/31/25; DIRECTS the clerk to email forthwith today a copy of this order to the Warden of the Miami Correctional Facility at the Indiana Department of Correction to secure Jorge Garcia Ortizs release; and ORDERS that any fee petition should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. § 2412. Signed by Judge Damon R Leichty on 12/30/2025. (Copy E-mailed to IDOC and Warden at MCF as directed in Order)(nah) (Entered: 12/30/2025)
12/31/2025 10 NOTICE by Pamela Bondi, Brian English, Todd M. Lyons, Kristi Noem, Donald J Trump re 9 Opinion and Order,,,, Add and Terminate Parties,,,, Set Deadlines,,, of Compliance (Irvin - AUSA, Brian) (Entered: 12/31/2025)
"Ortiz was detained on Nov. 5 after the vehicle he was driving on I-90 near Rockford, Illinois, was struck by an ICE vehicle, according to his attorneys and court documents.
Once Ortiz’s vehicle was forced to the side of the road, ICE officers drew their weapons and broke Ortiz’s window to forcibly remove him from the vehicle
Ortiz, now 38 years old, came to the U.S. from Mexico in 2000. His attorneys say he has never left the U.S. since arriving here, and he now has five children—all U.S. citizens. Ortiz also has a minor criminal record, with a burglary conviction from more than 10 years ago.
In the past, most immigrants who entered the country without inspection and were later arrested by immigration authorities were typically eligible to request a bond hearing. The immigration judge had discretion to grant bond for release if the immigrant could show they were not a danger or a flight risk..
On Sep. 5, the Board of Immigration Appeals, or BIA, ruled in Matter of Yajure Hurtado that individuals who entered the U.S. without inspection are not eligible for a bond hearing before an immigration judge."
Cameron Shaw
The Indiana Lawyer
Reported by: Kent Morlan
12/09/2025 1 PETITION FOR WRIT OF HABEAS CORPUS ( Filing fee $ 5 receipt number AINNDC-6107433.), filed by Jorge Garcia Ortiz. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2)(Doyle, Constance) (Entered: 12/09/2025)
12/09/2025 2 Application for Attorney Constance M. Doyle to Appear Pro Hac Vice on behalf of Jorge Garcia Ortiz. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-6107434 (Attachments: # 1 Supplement Letter of Good Standing)(Doyle, Constance) (Entered: 12/09/2025)
12/10/2025 **NEW CASE** Judge Damon R Leichty and Magistrate Judge Scott J Frankel added. (nah) (Entered: 12/10/2025)
12/11/2025 3 ORDER granting 2 Application to Appear Pro Hac Vice of Attorney Constance M Doyle PHV for Jorge Garcia Ortiz. Signed by Magistrate Judge Scott J Frankel on 12/11/2025. (ace) (Entered: 12/11/2025)
12/12/2025 4 ORDER: The court (1) DIRECTS the clerk to serve a copy of this order and the petition (ECF 1) by certified mail, return receipt requested, to (a) the Civil-Process Clerk for the United States Attorney for the Northern District of Indiana; (b) the Attorney General of the United States; (c) the acting Director of the United States Immigration and Customs Enforcement at the Office of the Principal Legal Advisor; (d) the Secretary of the U.S. Department of Homeland Security, at the Office of General Counsel, and (e) the Warden of Miami Correctional Facility at the Indiana Department of Correction; (2) DIRECTS the clerk to email a copy of this order and the petition (ECF 1) to (a) the Indiana Department of Correction; (b) the Warden of Miami Correctional Facility at Miami Correctional Facility, and (c) the United States Attorney for the Northern District of Indiana; (3) ORDERS the respondents listed in the previous order line to acknowledge receipt of the petition to the clerk and DIRECTS the clerk to make a notation on the docket upon receiving confirmation of receipt of those deliveries; and (4) ORDERS such respondents to file a response (a return) to the petition by December 19, 2025, with any traverse due on or before December 26, 2025, with the petitioner to SHOW CAUSE by that date why the respondents beyond the custodial warden should not be immediately dismissed from this proceeding as improper parties. (Civil-Process Clerk - 9589071052702296072188, Attorney General - 9589071052702296072171, Director of the United States Immigration and Customs Enforcement - 9589071052702296072164, Secretary of the U.S. Department of Homeland Security - 9589071052702296072157, Warden of Miami Correctional Facility - 9589071052702296072195) Signed by Judge Damon R Leichty on 12/12/2025. (dnj) Modified too add routing on 12/15/2025 (kmt). (Entered: 12/12/2025)
12/15/2025 5 Confirmation received from Warden of MCF, IDOC, and US Attorney re: DE 1 and 4 . (nah) (Entered: 12/15/2025)
12/19/2025 6 NOTICE of Appearance by Brian Irvin - AUSA on behalf of Pamela Bondi, Brian English, Todd M. Lyons, Kristi Noem, Donald J Trump (Irvin - AUSA, Brian) (Entered: 12/19/2025)
12/19/2025 7 RESPONSE TO ORDER TO SHOW CAUSE by Pamela Bondi, Brian English, Todd M. Lyons, Kristi Noem, Donald J Trump. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Irvin - AUSA, Brian) (Entered: 12/19/2025)
12/22/2025 8 RESPONSE TO ORDER TO SHOW CAUSE by Jorge Garcia Ortiz filed by Jorge Garcia Ortiz. (Doyle PHV, Constance) (Entered: 12/22/2025)
12/30/2025 9 OPINION AND ORDER: the court DISMISSES the President of the United States Donald J. Trump; United States Secretary of Homeland Security Kristi Noem; United States Attorney General Pamela Bondi; and Acting Director of the United States Immigration and Customs Enforcement Todd M. Lyons; GRANTS IN PART the petition for a writ of habeas corpus and ORDERS respondent to release Jorge Garcia Ortiz immediately from custody and to certify compliance with this order by filing a notice with the court by 12/31/25; DIRECTS the clerk to email forthwith today a copy of this order to the Warden of the Miami Correctional Facility at the Indiana Department of Correction to secure Jorge Garcia Ortizs release; and ORDERS that any fee petition should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. § 2412. Signed by Judge Damon R Leichty on 12/30/2025. (Copy E-mailed to IDOC and Warden at MCF as directed in Order)(nah) (Entered: 12/30/2025)
12/31/2025 10 NOTICE by Pamela Bondi, Brian English, Todd M. Lyons, Kristi Noem, Donald J Trump re 9 Opinion and Order,,,, Add and Terminate Parties,,,, Set Deadlines,,, of Compliance (Irvin - AUSA, Brian) (Entered: 12/31/2025)
"Ortiz was detained on Nov. 5 after the vehicle he was driving on I-90 near Rockford, Illinois, was struck by an ICE vehicle, according to his attorneys and court documents.
Once Ortiz’s vehicle was forced to the side of the road, ICE officers drew their weapons and broke Ortiz’s window to forcibly remove him from the vehicle
Ortiz, now 38 years old, came to the U.S. from Mexico in 2000. His attorneys say he has never left the U.S. since arriving here, and he now has five children—all U.S. citizens. Ortiz also has a minor criminal record, with a burglary conviction from more than 10 years ago.
In the past, most immigrants who entered the country without inspection and were later arrested by immigration authorities were typically eligible to request a bond hearing. The immigration judge had discretion to grant bond for release if the immigrant could show they were not a danger or a flight risk..
On Sep. 5, the Board of Immigration Appeals, or BIA, ruled in Matter of Yajure Hurtado that individuals who entered the U.S. without inspection are not eligible for a bond hearing before an immigration judge."
Cameron Shaw
The Indiana Lawyer
Outcome:
The petition for a writ of habeas corpus under 28 U.S.C. § 2241 was granted in part, ordering the Warden of Miami Correctional Facility (as the custodian and proper respondent) to release Jorge Garcia Ortiz immediately from custody. The petitioner has since been released, ECF 10 . The court, therefore, DIRECTS the clerk to enter judgment and to close this case. Signed by Judge Damon R Leichty on 1/5/2026. (nah) (Entered: 01/06/2026)
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Jorge Garcia Ortiz v. United States of America?
The outcome was: The petition for a writ of habeas corpus under 28 U.S.C. § 2241 was granted in part, ordering the Warden of Miami Correctional Facility (as the custodian and proper respondent) to release Jorge Garcia Ortiz immediately from custody. The petitioner has since been released, ECF 10 . The court, therefore, DIRECTS the clerk to enter judgment and to close this case. Signed by Judge Damon R Leichty on 1/5/2026. (nah) (Entered: 01/06/2026)
Which court heard Jorge Garcia Ortiz v. United States of America?
This case was heard in United States District Court for the Northern District of Indiana (St. Joseph County), IN. The presiding judge was Damon Ray Leichty.
Who were the attorneys in Jorge Garcia Ortiz v. United States of America?
Plaintiff's attorney: Constance Doyle. Defendant's attorney: Brian Irvin.
When was Jorge Garcia Ortiz v. United States of America decided?
This case was decided on August 10, 2026.