District of Nebraska • 4:25-cv-03162

Garcia Jimenez v. Kramer

Terminated

Case Information

Filed: August 01, 2025
Assigned to: Joseph F. Bataillon
Referred to: Ryan C. Carson
Nature of Suit: Habeas Corpus (General)
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Terminated: August 14, 2025
Last Activity: August 15, 2025
Parties: View All Parties →

Docket Entries

#1
Aug 01, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5, receipt number ANEDC-5377577), by Attorney Kaitlin A. Madsen on behalf of Yanier Garcia Jimenez (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Petition for Writ of Habeas Corpus
Attachment 1: Exhibit 1
Attachment 2: Exhibit 2
Attachment 3: Exhibit 3
#2
Aug 01, 2025
MOTION Order to Show Case by Attorney Kaitlin A. Madsen on behalf of Petitioner Yanier Garcia Jimenez.(Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Motion for Miscellaneous Relief
#3
Aug 01, 2025
Summons Requested as to Donald J. Trump regarding Petition for Writ of Habeas Corpus 1 . (Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Summons Requested
#4
Aug 01, 2025
Summons Requested as to Jerome Kramer regarding Petition for Writ of Habeas Corpus 1 . (Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Summons Requested
#5
Aug 01, 2025
Summons Requested as to Kristi Noem regarding Petition for Writ of Habeas Corpus 1 . (Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Summons Requested
#6
Aug 01, 2025
Summons Requested as to Marco Rubio regarding Petition for Writ of Habeas Corpus 1 . (Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Summons Requested
#7
Aug 01, 2025
Summons Requested as to Pamela Bondi regarding Petition for Writ of Habeas Corpus 1 . (Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Summons Requested
#8
Aug 01, 2025
Summons Requested as to Peter Berg regarding Petition for Writ of Habeas Corpus 1 . (Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Summons Requested
#9
Aug 01, 2025
Summons Requested as to Todd Lyons regarding Petition for Writ of Habeas Corpus 1 . (Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Summons Requested
#10
Aug 01, 2025
Summons Requested as to U.S. Attorney's Office regarding Petition for Writ of Habeas Corpus 1 . (Madsen, Kaitlin) (Entered: 08/01/2025)
Main Document: Summons Requested
#11
Aug 01, 2025
TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Ryan C. Carson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (RMR) (Entered: 08/01/2025)
#12
Aug 01, 2025
Summons Issued as to defendant Peter Berg, Pamela Bondi, Jerome Kramer, Todd Lyons, Kristi Noem, Marco Rubio, Donald J. Trump, and United States Attorney's Office. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (RMR) (Entered: 08/01/2025)
Main Document: Summons Issued
#13
Aug 01, 2025
ORDER - IT IS ORDERED: Petitioner's Motion for Order to Show Cause, Filing No. 2, is granted. Petitioner shall serve her petition and a copy of this Order on Respondents forthwith and file proof of such service with the Court. Respondents shall file a return on the Order to Show Cause why the Petition for Writ of Habeas Corpus should not be granted within three business days after Petitioner serves them. Petitioner shall have three business days from the date of Respondents' response to file a reply. The Cout will thereafter set a prompt hearing on this matter. Furthermore, Respondents shall not remove Petitioner from the United States or the District of Nebraska until further order of the Court. Ordered by Senior Judge Joseph F. Bataillon. (TCL) (Entered: 08/01/2025)
Main Document: Order on Motion for Miscellaneous Relief
Aug 01, 2025
Assignment of Judges
Aug 01, 2025
Remark - Public (Related Case): This notice serves to advise the parties that a plaintiff noted this case as related to another pending or closed case in this court. If a case is noted as related on the cover sheet or case opening screen when filed, the clerk assigns it to the district judge who handled the earlier pending or closed case. See NEGenR 1.4(a)(4)(B). Any challenge to operation of this rule must be made pursuant to NEGenR 1.4(a)(7). (RMR)
#14
Aug 04, 2025
NOTICE of Appearance by Attorney Ryan M. Kunhart on behalf of Respondent Jerome Kramer (Kunhart, Ryan) (Entered: 08/04/2025)
Main Document: Notice of Appearance
#15
Aug 07, 2025
RESPONSE to Petition for Writ of Habeas Corpus by Attorney Eric W. Synowicki on behalf of Respondents Peter Berg, Pamela Bondi, Todd M. Lyons, Kristi Noem, Marco Rubio, Donald J. Trump.(Synowicki, Eric) (Entered: 08/07/2025)
Main Document: Response
#16
Aug 07, 2025
INDEX in support of Response 15 by Attorney Eric W. Synowicki on behalf of Respondents Peter Berg, Pamela Bondi, Todd M. Lyons, Kristi Noem, Marco Rubio, Donald J. Trump.(Synowicki, Eric) (Entered: 08/07/2025)
Main Document: Index
#17
Aug 07, 2025
DECLARATION regarding Response 15 by Attorney Eric W. Synowicki on behalf of Respondents Peter Berg, Pamela Bondi, Todd M. Lyons, Kristi Noem, Marco Rubio, Donald J. Trump. (Attachments: # 1 Exhibit DHS Form I-862 Notice to Appear, # 2 Exhibit Form EOIR-43 Notice of ICE Intent to Appeal Custody Redetermination, # 3 Exhibit Form EOIR-26 Notice of Appeal filed by DHS, # 4 Exhibit Board of Immigration Appeals Briefing Schedule, # 5 Exhibit Revised Notice of In-Person Hearing before the immigration judge, # 6 Exhibit Immigration Court Order involving ZUNIGA, # 7 Exhibit Immigration Court Order involving LEIVA COLINDRES, # 8 Exhibit Immigration Court Order involving LORENZO PALMA, # 9 Exhibit Immigration Court Order involving BUSTAMANTE)(Synowicki, Eric) (Entered: 08/07/2025)
Main Document: Declaration
Attachment 1: Exhibit DHS Form I-862 Notice to Appear
Attachment 2: Exhibit Form EOIR-43 Notice of ICE Intent to Appeal Custody Redetermination
Attachment 3: Exhibit Form EOIR-26 Notice of Appeal filed by DHS
Attachment 4: Exhibit Board of Immigration Appeals Briefing Schedule
Attachment 5: Exhibit Revised Notice of In-Person Hearing before the immigration judge
Attachment 6: Exhibit Immigration Court Order involving ZUNIGA
Attachment 7: Exhibit Immigration Court Order involving LEIVA COLINDRES
Attachment 8: Exhibit Immigration Court Order involving LORENZO PALMA
Attachment 9: Exhibit Immigration Court Order involving BUSTAMANTE
#18
Aug 07, 2025
REPLY regarding Order on Motion for Miscellaneous Relief,,, 13 by Attorney Ryan M. Kunhart on behalf of Respondent Jerome Kramer.(Kunhart, Ryan) (Entered: 08/07/2025)
Main Document: Reply
#19
Aug 08, 2025
ORDER SETTING HEARING - This matter is set for hearing on Petitioner's Petition for Writ of Habeas Corpus for August 14, 2025, at 9:00 A.M. in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Defendants are ordered to produce Petitioner for the hearing in person in accordance with 28 U.S.C. § 2243. Ordered by Senior Judge Joseph F. Bataillon. (LKO) (Entered: 08/08/2025)
Main Document: Order Setting Hearing or Trial
#20
Aug 12, 2025
TEXT ORDER SETTING HEARING: Telephone Conference set for 8/12/2025 at 02:00 PM by Telephone before Senior Judge Joseph F. Bataillon. Ordered by Senior Judge Joseph F. Bataillon. (ADB) (Entered: 08/12/2025)
#21
Aug 12, 2025
RESTRICTED CASE CONFERENCE INSTRUCTIONS - WebEx for matters before Judge Bataillon. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Senior Judge Joseph F. Bataillon. (ADB) (Entered: 08/12/2025)
Main Document: Restricted Case Conference Instructions - WebEx
#22
Aug 12, 2025
BRIEF in support of Petition for Writ of Habeas Corpus by Attorney Kaitlin A. Madsen on behalf of Petitioner Yanier Garcia Jimenez.(Madsen, Kaitlin) (Entered: 08/12/2025)
Main Document: Brief
#23
Aug 12, 2025
INDEX in support of Brief in support of Petition for Writ of Habeas Corpus by Attorney Kaitlin A. Madsen on behalf of Petitioner Yanier Garcia Jimenez.(Madsen, Kaitlin) (Entered: 08/12/2025)
Main Document: Index
#24
Aug 12, 2025
DECLARATION of Alberto Silva by Attorney Kaitlin A. Madsen on behalf of Petitioner Yanier Garcia Jimenez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Madsen, Kaitlin) (Entered: 08/12/2025)
Main Document: Declaration
#25
Aug 12, 2025
NOTICE of Appearance by Attorney Christopher L. Ferretti on behalf of Respondents Peter Berg, Pamela Bondi, Todd M. Lyons, Kristi Noem, Marco Rubio, Donald J. Trump (Ferretti, Christopher) (Entered: 08/12/2025)
Main Document: Notice of Appearance
#26
Aug 12, 2025
TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon. Telephone Conference held on 8/12/2025. Discussion held regarding conflict of immigration hearing, presence of petitioner, and logistics of transport. Defendants remain ordered to produce Petitioner for the hearing in person on August 14, 2025 at 9:00am. Hearing held in Omaha. Courtroom Deputy: Amy Brunswick; Reporter: Sue DeVetter; Appearance for Petitioner : Sydney Hayes, Kait Madsen by telephone: Appearance for Respondent Kramer: Ryan Kunhart by telephone; Appearance for federal Respondents: Eric Synowicki, Chris Ferretti by telephone. Time Start: 2:01 PM; Time Stop: 2:13 PM; Time in Court: 12 Minutes. (ADB) (Entered: 08/12/2025)
#27
Aug 12, 2025
MOTION for Temporary Transfer of Custody by Attorney Christopher L. Ferretti on behalf of Respondents Peter Berg, Pamela Bondi, Todd M. Lyons, Kristi Noem, Marco Rubio, Donald J. Trump. (ADB) (Entered: 08/12/2025)
Main Document: Motion for Miscellaneous Relief
#28
Aug 12, 2025
ORDER granting 27 Motion for Temporary Transfer of Custody. Ordered by Magistrate Judge Ryan C. Carson. (E-mailed to USM with copy of Motion 27 )(ADB) (Entered: 08/12/2025)
Main Document: Order on Motion for Miscellaneous Relief
Aug 12, 2025
Order Setting Hearing or Trial
Aug 12, 2025
Telephone Conference
#29
Aug 14, 2025
TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon In Court Hearing held on 8/14/2025. Argument by the parties. The Court grants the Petition for Habeas Corpus 1 . Petitioner to be released upon posting bond at Immigration Court on the conditions of release set by the Immigration Judge. Written order forthcoming. Spanish Interpreter Ashley Villanueva Enriquez - Live. Courtroom Deputy: Amy Brunswick; Reporter: Brenda Fauber; Appearance for Petitioner: Sydney L. Hayes, Kaitlin A. Madsen, Daniel J. Gutman; Appearance for Federal Respondents: Eric W. Synowicki, Christopher Ferretti; Appearance for Respondent Kramer: Ryan M. Kunhart. Time Start: 9:07 AM; Time Stop: 10:11 AM; Time in Court: 50 Minutes. (ADB) Modified on 8/14/2025 to add name of interpreter(ADB). (Entered: 08/14/2025)
#30
Aug 14, 2025
MEMORANDUM AND ORDER - Yanier Garcia Jimenez's Petition for Writ of Habeas Corpus, Filing No. 1 , is granted. Respondents shall immediately return Petitioner to ICE custody and immediately release Petitioner upon her re-posting of the ordere d bond, with no additional conditions beyond those imposed by the Immigration Judge at the bond redetermination hearing on July 10, 2025. The parties are ordered to file a joint status report by 5:00 P.M. on Friday, August 15, 2025, confirming Petitioner has been released. The Court will enter a separate judgment. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
Main Document: Memorandum and Order
#31
Aug 14, 2025
JUDGMENT - In accordance with the Memorandum and Order entered on today's date, judgment is hereby entered in favor of the Petitioner. Ordered by Senior Judge Joseph F. Bataillon. (LKO) (Entered: 08/14/2025)
Main Document: Judgment
Aug 14, 2025
In Court Hearing
#32
Aug 15, 2025
STATUS REPORT filed Jointly by Attorney Eric W. Synowicki on behalf of Respondents Peter Berg, Pamela Bondi, Todd M. Lyons, Kristi Noem, Marco Rubio, Donald J. Trump.(Synowicki, Eric) (Entered: 08/15/2025)
Main Document: Status Report