govinfo:USCOURTS-vtd-2_26-cv-00069-0

UNITED STATES DISTRICT COURT  
FOR THE 
DISTRICT OF VERMONT 
 
 
CRISTIAN HUMBERTO JEREZ ANDRADE, 
 
               Petitioner, 
 
      v. 
 
DONALD J. TRUMP, IN HIS OFFICIAL 
CAPACITY AS PRESIDENT OF THE 
UNITED STATES; PATRICIA HYDE, IN 
HER OFFICIAL CAPACITY AS ACTING 
BOSTON FIELD OFFICE DIRECTOR, 
IMMIGRATION AND CUSTOMS 
ENFORCEMENT, ENFORCEMENT AND 
REMOVAL OPERATIONS; DAVID W. 
JOHNSTON IN HIS OFFICIAL CAPACITY 
AS VERMONT SUB-OFFICE DIRECTOR OF 
IMMIGRATION AND CUSTOMS 
ENFORCEMENT, ENFORCEMENT AND 
REMOVAL OPERATIONS; TODD M. 
LYONS, IN HIS OFFICIAL CAPACITY 
AS ACTING DIRECTOR, U.S. 
IMMIGRATION AND CUSTOMS 
ENFORCEMENT; RODNEY SCOTT, IN HIS 
OFFICIAL CAPACITY AS ACTING 
COMMISSIONER FOR U.S. CUSTOMS AND 
BORDER PROTECTIONS; KRISTI NOEM, 
IN HER OFFICIAL CAPACITY AS 
SECRETARY OF THE UNITED STATES 
DEPARTMENT OF HOMELAND SECURITY; 
MARCO RUBIO, IN HIS OFFICIAL 
CAPACITY AS SECRETARY OF STATE; 
PAMELA BONDI, IN HER OFFICIAL 
CAPACITY AS U.S. ATTORNEY 
GENERAL; AND GREG HALE, 
SUPERINTENDENT, NORTHWEST STATE 
CORRECTIONAL FACILITY—SAINT 
ALBANS,VERMONT,  
 
              Respondents. 
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2:26-cv-00069-wks     Document 5     Filed 03/12/26     Page 1 of 4
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               SUPPLEMENTAL ORDER GRANTING 
TEMPORARY RESTRAINING ORDER 
 
Petitioner CRISTIAN HUMBERTO JEREZ ANDRADE has filed a 
petition for a writ of habeas corpus.  He names Donald J. Trump, 
in his official capacity as President of the United States; 
Patricia Hyde, in her official capacity as Acting Boston Field 
Office Director, Immigration and Customs Enforcement, 
Enforcement and Removal Operations; David W. Johnston in his 
official capacity as Vermont Sub-office Director of Immigration 
and Customs Enforcement, Enforcement and Removal Operations; 
Todd M. Lyons, in his official capacity as Acting Director, U.S. 
Immigration and Customs Enforcement; Rodney Scott, in his 
official capacity as Acting Commissioner for U.S. Customs and 
Border Protections; Krisi Noem, in her official capacity as 
Secretary of the United States Department of Homeland Security; 
Marco Rubio, in his official capacity as Secretary of State; 
Pamela Bondi, in her official capacity as U.S. Attorney General; 
and Greg Hale, Superintendent, Northwest State Correctional 
Facility—Saint Albans, as respondents, 
Upon review of the petition, the Court hereby ORDERS as 
follows: 
1. The clerk of this court shall forthwith serve a copy of 
the petition and this Order upon respondents and the 
United States Attorney for the District of Vermont.   
 
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2. Respondents shall, no later than Wednesday, March 18, 
2026, at 12:00pm answer or respond to the petition.  See 
28 U.S.C. 2243 (a court "entertaining an application for 
a writ of habeas corpus shall forthwith award the writ or 
issue an order directing the respondent to show cause why 
the writ should not be granted, unless it appears from 
the application that the applicant or person detained is 
not entitled thereto."). 
 
3. Petitioner shall not be removed from the District of 
Vermont pending further order of this court.  A federal 
court “always has jurisdiction to determine its own 
jurisdiction,” including its own subject matter 
jurisdiction.  Brownback v. King, 592 U.S. 209, 218-19 
(2021) (quoting United States v. Ruiz, 536 U.S. 622, 628 
(2002)).  To allow the court to determine whether it has 
subject-matter jurisdiction, and if so, to determine 
whether habeas relief should be granted, the court ORDERS 
respondent to preserve the status quo.  See United States 
v. United Mine Workers of Am., 330 U.S. 258, 293 (1947) 
(“[T]he District Court has[s] the power to preserve 
existing conditions while it is determining its own 
authority to grant injunctive relief,” unless the 
assertion of jurisdiction is frivolous.).  This Order to 
preserve the status quo remains valid unless and until 
overturned, even if this court lacks subject-matter 
jurisdiction to determine the merits of the underlying 
action.  See id. at 294-95 (upholding criminal contempt 
convictions for violations of a preliminary injunction, 
assuming the District Court had no jurisdiction to decide 
the underlying matter).  This principle applies with even 
greater force when the action the court enjoins would 
otherwise destroy its jurisdiction or moot the case.  See 
United States v. Shipp, 203 U.S. 563, 573 (1906).   
 
4. This Order is issued without notice because if the court 
awaits notice, Petitioner may be transferred from the 
District of Vermont before the court is able to act.  This 
creates an imminent risk of irreparable injury, because if
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Petitioner is transferred outside the District, it may 
prohibit or impair Petitioner’s attendance at the court’s 
habeas hearings andPetitioner’s effective consultation with 
counsel in preparation for and during those hearings.  See 
Fed. R. Civ. P. 65(b); cf. Ozturk v. Trump, 2025 WL 
1145250, at *3-4 (D. Vt. Apr. 18, 2025) (order prohibiting 
transfer issued); Mahdawi v. Trump, 2025 WL 1243135, at * 3 
(D. Vt. Apr. 30, 2025) (same), with Petrova v. U.S. Dep’t 
of Homeland Sec., Case No. 2:25-cv-00240 (D. Vt.) at Doc. 
70 (petitioner transferred to Louisiana correctional 
facility necessitating her video appearance at hearings at 
which her counsel appeared in person preventing effective 
attorney-client consultation during the hearing as well as 
limited attorney-client communication in advance of hearing 
due to lack of facility resources).  Respondents shall 
suffer neither irreparable harm nor undue prejudice if 
Petitioner is not removed from the District pending the 
outcome of these proceedings.  See Ozturk v. Hyde, 136 
F.4th 382, 402 (2d Cir. 2025).  Should the potential for 
prejudice arise, Respondents may petition the court for 
relief.     
 
5. The Court further ORDERS that a status conference on the 
petition will be held on March 19th, 2026, at 1:30 p.m. 
 
 DATED at Burlington, in the District of Vermont, this 12th 
day of March 2026 at 2:46 P.M.    
       /s/ William K. Sessions III 
       Hon. William K. Sessions III 
       U.S. District Court Judge 
 
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