Active
Case Information
Filed: January 22, 2026
Assigned to:
Howard Curtis Nielson Jr.
Referred to:
—
Nature of Suit: Other Immigration Actions
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
February 11, 2026
Parties:
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Docket Entries
#1
Jan 22, 2026
PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 (Filing fee $ 5, receipt number AUTDC-5674412) filed by Jairo John Galvin Viancha. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3) (Bracken, Alec) (Entered: 01/22/2026)
Main Document:
PETITION
#2
Jan 22, 2026
MOTION for Temporary Restraining Order and Memorandum in Support filed by Petitioner Jairo John Galvin Viancha. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3)(Bracken, Alec) (Entered: 01/22/2026)
Main Document:
Temporary Restraining Order
#3
Jan 22, 2026
DOCKET TEXT ORDER. No later than January 29, 2026, Respondents shall respond to 1 Verified Petition for Habeas Corpus and Declaratory Action and 2 Emergency Motion for a Temporary Restraining Order. Some or all Respondents may respond jointly or separately. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 01/22/2026. No attached document. (bas) (Entered: 01/22/2026)
Jan 22, 2026
Judge Howard C. Nielson, Jr added. Case number will now read 2:26-cv-00059-HCN. Please make changes to document captions accordingly. (kec)
Jan 22, 2026
Order to Answer
#4
Jan 27, 2026
DOCKET TEXT ORDER. 3 Docket Text Order and the deadline it imposed are hereby STRICKEN. Petitioner shall promptly serve Respondents, in a manner that complies with Federal Rule of Civil Procedure 4, with summons and copies of 1 Verified Petition for Habeas Corpus and Declaratory Action, 2 Emergency Motion for a Temporary Restraining Order, and this docket text order. Once Petitioner has served these documents on Respondents, he shall promptly file proof of service. Respondents shall respond to 1 Verified Petition for Habeas Corpus and Declaratory Action and 2 Emergency Motion for a Temporary Restraining Order no later than seven days after receipt of the service required by this order. Some or all Respondents may file joint or separate responses. Petitioner may reply no later than three days after Respondents file their response(s). If any of these deadlines falls on a weekend or a federal holiday, the response or reply may be filed by the end of the next business day. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 01/27/2026. No attached document. (dle) (Entered: 01/27/2026)
Jan 27, 2026
Order
#5
Jan 28, 2026
Summons Issued Electronically as to Mike Smith. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) (Entered: 01/28/2026)
Main Document:
Summons
#6
Jan 28, 2026
Summons Issued Electronically as to Kristi Noem. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) (Entered: 01/28/2026)
Main Document:
Summons
#7
Jan 28, 2026
Summons Issued Electronically as to United States Immigration and Customs Enforcement. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) (Entered: 01/28/2026)
Main Document:
Summons
#8
Jan 28, 2026
Summons Issued Electronically as to United States Immigration and Customs Enforcement. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) (Entered: 01/28/2026)
Main Document:
Summons
#9
Jan 28, 2026
Summons Issued Electronically as to USDOJ DC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) (Entered: 01/28/2026)
Main Document:
Summons
#10
Jan 28, 2026
Summons Issued Electronically as to Evan Tjaden. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) (Entered: 01/28/2026)
Main Document:
Summons
#11
Jan 28, 2026
Summons Issued Electronically as to Todd Lyons. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) (Entered: 01/28/2026)
Main Document:
Summons
#12
Jan 28, 2026
NOTICE of LIMITED APPEARANCE by Michael P. Kennedy on behalf of Todd Lyons, Kristi Noem, Evan Tjaden, United States Immigration and Customs Enforcement for purpose of Monitor and Challenge Sufficiency of Service (Kennedy, Michael) (Entered: 01/28/2026)
Main Document:
NOTICE
#13
Feb 03, 2026
NOTICE of Acknowledgment of Service on United States Attorney by Todd Lyons, Kristi Noem, Evan Tjaden, United States Immigration and Customs Enforcement re 12 Notice of Limited Appearance (Kennedy, Michael) (Entered: 02/03/2026)
Main Document:
NOTICE
#14
Feb 03, 2026
NOTICE of Appearance by Jawayria Zarreen Auchter on behalf of Todd Lyons, Kristi Noem, Evan Tjaden, United States Immigration and Customs Enforcement (Auchter, Jawayria) (Entered: 02/03/2026)
Main Document:
NOTICE
#15
Feb 03, 2026
SUMMONS Returned Executed. Filed by Jairo John Galvin Viancha. Summons as to Todd Lyons, Kristi Noem, Mike Smith, Evan Tjaden, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Summons, # 2 Exhibit Delivery of Summons, # 3 Exhibit Delivery of Court Order)(Bracken, Alec) (Entered: 02/03/2026)
Main Document:
SUMMONS
#16
Feb 06, 2026
RESPONSE to Motion re 2 MOTION for Temporary Restraining Order and Memorandum in Support filed by Respondents Todd Lyons, Kristi Noem, Evan Tjaden, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Auchter, Jawayria) (Entered: 02/06/2026)
Main Document:
RESPONSE
#17
Feb 06, 2026
ANSWER to Complaint filed by Todd Lyons, Kristi Noem, Evan Tjaden, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Auchter, Jawayria) (Entered: 02/06/2026)
Main Document:
ANSWER
#18
Feb 10, 2026
RESPONSE re 17 Answer to Complaint, 16 Response to Motion,, filed by Jairo John Galvin Viancha. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bracken, Alec) (Entered: 02/10/2026)
Main Document:
RESPONSE
#19
Feb 11, 2026
DOCKET TEXT ORDER. In 16 Response to Petition for Habeas Corpus and Declaratory Action and Emergency Motion for TRO, the Government represents that Petitioner is no longer subject to a detainer lodged by the Bureau of Immigration and Customs Enforcement and that he is now held in state custody pursuant to an order of detention issued by the state court in connection with pending state charges. Petitioner does not dispute these representations. See 18 Reply to Respondents' Response to Petitioner's Verified Petition for Habeas Corpus and Declaratory Action. Whether or not the Petition remains justiciable, the court concludes that, in light of these developments, Petitioner cannot show that "he is likely to suffer irreparable harm in the absence of preliminary relief," as is required to obtain a temporary restraining order. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); see also Stuber v. Lucky's Auto Credit, LLC, 478 F. Supp. 3d 1205, 1208 (D. Utah 2020). 2 Emergency Motion for a Temporary Restraining Order is accordingly DENIED. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 02/11/2026. No attached document. (bas) (Entered: 02/11/2026)
Feb 11, 2026
Order on Motion for TRO
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