Reyes Vasquez v. Noem et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
FEDERICO REYES VASQUEZ,
Petitioner,
v.
KRISTI NOEM, in her official capacity as
Secretary of the Department of Homeland
Security; TODD M. LYONS, in his official
capacity as Acting Director of Immigration &
Customs Enforcement; MICHAEL
BERNACKE, in his official capacity as ICE
Field Officer Director and Warden in current
custody of Petitioner, et al.,
Respondents.
MEMORANDUM DECISION AND
ORDER REQUIRING RESPONDENTS
TO FACILITATE RETURN OF
PETITIONER
Case No. 2:25-cv-01146-JNP
Chief District Judge Jill N. Parrish
On December 19, 2025, counsel for Petitioner Federico Reyes Vasquez filed a petition for
a writ of habeas corpus under 28 U.S.C. § 2241(a), alleging he was being unlawfully confined in
violation of the Constitution and laws of the United States. ECF No. 2. On December 22, the court,
seeking a response from Respondents before ruling on the petition and seeking to preserve its
jurisdiction and the status quo during the pendency of proceedings, ordered Respondents not to
remove Mr. Reyes Vasquez. ECF No. 4.
However, on December 23, Mr. Reyes Vasquez was nevertheless removed in direct
violation of the court’s Order. Respondents state that “while [United States Immigration and
Customs Enforcement] was made aware of an order preventing removal by e-mail on December
22, 2025 at 4:21 p.m. Mountain Standard Time and again on December 23, 2025 at 10:21 a.m.,
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[ICE Enforcement and Removal Operations] was not aware of the Court’s order before it
transferred and removed Petitioner.” ECF No. 10 at 5. ICE does however state, via an affidavit by
Matthew Randall, an ICE ERO Deportation Officer, that “ICE will coordinate with Petitioner’s
attorney to facilitate his return to the United States if Petitioner so chooses.” ECF No. 10-1 ¶ 18.
At a hearing on this issue held on December 31, counsel for Respondents acknowledged
the removal was in violation of the court’s Order and asserted Respondents are working with
petitioner’s counsel to facilitate petitioner’s return to the United States. Counsel for petitioner has
represented to the court that Mr. Reyes Vasquez seeks to be returned at this point.
To ensure these proceedings are returned to the status quo relative to the December 22
Order, the court now requires Respondents to facilitate Mr. Reyes Vasquez’s return to the United
States.0F
1 See Noem v. Abrego Garcia, 145 S. Ct. 1017, 1018 (2025) (affirming a District Court’s
order requiring the Government to facilitate a deportee’s return “to ensure that his case is handled
as it would have been had he not been improperly sent to El Salvador”); D.V.D. v. U.S. Dep't of
Homeland Sec., 784 F. Supp. 3d 401, 406 (D. Mass. 2025) (stating “[c]ourts, including district
courts, regularly find that return is the appropriate remedy when a removal is found to be unlawful”
and listing cases).
Furthermore, given this court’s ruling in favor of petitioner today and in furtherance of
returning these proceedings to the status quo pre-removal, the court finds that attorney’s fees are
warranted. See Daley v. Ceja, 158 F.4th 1152, 1162 (10th Cir. 2025) (holding that “habeas actions
1 Petitioner’s counsel informed the court at the December 31 hearing that petitioner is currently in
central Mexico and may lack the funds to easily return to a port of entry. Therefore, the court holds
that facilitating his return in this context means providing either transportation to a port of entry
or financial support to reach a port of entry.
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challenging immigration detention are unambiguously ‘civil actions’” and that “[t]he EAJA
authorizes the award of attorneys’ fees to petitioners who prevail against the Government in such
actions”). The court invites counsel for petitioner to submit an interim petition for attorney’s fees
relevant to ensuring Mr. Reyes Vasquez is returned to the United States, including a fee affidavit.
A supplemental petition and affidavit may be submitted if additional fees are incurred relating to
Mr. Reyes Vasquez’s return.
CONCLUSION AND ORDER
For the above reasons, the court ORDERS Respondents to take all immediate steps,
including coordinating with Plaintiff’s counsel, to facilitate the return of Mr. Reyes Vasquez to the
United States by 21 days from this Order. Respondents must ensure that Mr. Reyes Vasquez is
housed in a facility in which Respondents are able to make him available for further hearings on
this matter. Respondents shall file a status report within ten days of this Order updating the court
as to the status of Mr. Reyes Vasquez’s return.
Signed December 31, 2025.
BY THE COURT
______________________________
Jill N. Parrish
United States Chief District Judge
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