District of Nebraska • 8:25-cv-00520

#1

Aug 26, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5, receipt number BNEDC-5393379), by Attorney Jamie L. Arango on behalf of Gerardo Duenas Arce (Attachments: # 1 Supplement Request for order to show cause, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3)(Arango, Jamie) (Entered: 08/26/2025)

#2

Aug 26, 2025

TEXT NOTICE OF JUDGES ASSIGNED: Judge Susan M. Bazis 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: 08/26/2025)

Aug 26, 2025

Assignment of Judges

#3

Aug 27, 2025

ORDER: Petitioner's Application for Issuance of Order to Show Cause (Filing No. 1-1) is granted. Petitioner shall serve his 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 Court 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 Judge Susan M. Bazis. (ADB) (Entered: 08/27/2025)

#4

Aug 27, 2025

Summons Requested as to DONALD J TRUMP regarding Petition for Writ of Habeas Corpus, 1, Order,,,, Set/Reset All Deadlines,,, 3 . (Arango, Jamie) (Entered: 08/27/2025)

#5

Aug 27, 2025

Summons Requested as to KRISTI NOEM regarding Petition for Writ of Habeas Corpus, 1, Order,,,, Set/Reset All Deadlines,,, 3 . (Arango, Jamie) (Entered: 08/27/2025)

#6

Aug 27, 2025

Summons Requested as to TODD LYONS regarding Petition for Writ of Habeas Corpus, 1, Order,,,, Set/Reset All Deadlines,,, 3 . (Arango, Jamie) (Entered: 08/27/2025)

#7

Aug 27, 2025

Summons Requested as to CHRIS KLEINBERG regarding Petition for Writ of Habeas Corpus, 1, Order,,,, Set/Reset All Deadlines,,, 3 . (Arango, Jamie) (Entered: 08/27/2025)

#8

Aug 27, 2025

Summons Requested as to ALLEN GILL regarding Petition for Writ of Habeas Corpus, 1, Order,,,, Set/Reset All Deadlines,,, 3 . (Arango, Jamie) (Entered: 08/27/2025)

#9

Aug 27, 2025

Summons Requested as to PAMELA BONDI regarding Petition for Writ of Habeas Corpus, 1, Order,,,, Set/Reset All Deadlines,,, 3 . (Arango, Jamie) (Entered: 08/27/2025)

#10

Aug 27, 2025

Summons Requested as to PETER BERG regarding Petition for Writ of Habeas Corpus, 1, Order,,,, Set/Reset All Deadlines,,, 3 . (Arango, Jamie) (Entered: 08/27/2025)

#11

Aug 27, 2025

Summons Requested as to Assistant USA Attorney District of Nebraska regarding Petition for Writ of Habeas Corpus, 1, Order,,,, Set/Reset All Deadlines,,, 3 . (Arango, Jamie) (Entered: 08/27/2025)

#12

Aug 27, 2025

Summons Issued as to defendant Peter Berg, Pamela Bondi, Allen Gill, Chris Kleinberg, Todd M. Lyons, Kristi Noem, Donald J. Trump and US Attorney's Office. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (RMR) (Entered: 08/27/2025)

#13

Sep 05, 2025

Response

#14

Sep 05, 2025

Index

#15

Sep 05, 2025

Declaration

#16

Sep 05, 2025

Notice of Appearance

#17

Sep 08, 2025

TEXT ORDER - Respondents have requested leave to submit supplemental briefing pertaining to Petitioner's Petition for Writ of Habeas Corpus. Respondents' request is based on a case recently issued by the Board of Immigration Appeals, Matter of YAJURE HURTADO, 29 I&N Dec. 216 (BIA 2025). The Court finds this case is relevant to the present proceedings and supplies good cause for supplemental briefing. Petitioner has requested that the supplemental briefing be submitted simultaneously. Therefore, for good cause shown pursuant to 28 U.S.C. § 2243, the parties shall file their briefs by September 10, 2025. The Court will thereafter set a prompt hearing on this matter. Ordered by Judge Susan M. Bazis. (LRH) (Entered: 09/08/2025)

Sep 08, 2025

Order - Text Only

#18

Sep 09, 2025

TEXT ORDER SETTING HEARING: A Telephone Conference will be held on 9/9/2025 at 01:00 PM before Judge Susan M. Bazis. Counsel shall use the telephone conference instructions sent to them by email to participate in the call. Ordered by Judge Susan M. Bazis. (RMW) (Entered: 09/09/2025)

#19

Sep 09, 2025

TEXT MINUTE ENTRY for proceedings held before Judge Susan M. Bazis. Telephone Conference held on 9/9/2025. This matter is set for hearing on Petitioner's Petition for Habeas Corpus for 9/16/2025 at 10:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Susan M. Bazis. The parties agreed the issues presented are only issues of law, therefore Petitioner's attorney waived Petitioner's appearance at the hearing due to his presence not being required per 28 USC 2243. Counsel may appear via video conference. Video conference instructions will be docketed by separate order. Courtroom Deputy: Rene' Wilson; Appearance for Petitioner: Jamie L. Arango; Appearance for Respondents Donald J. Trump, Kristi Noem, Allen Gill, Pamela Bondi, Peter Berg and Todd M. Lyons: Christopher L. Ferretti and Eric W. Synowicki. Time Start: 1:02 PM; Time Stop: 1:27 PM; Time in Court: 25 Minutes. (RMW) Modified on 9/9/2025 to clarify defendants represented by US Attorneys at the telephone conference (RMW). (Entered: 09/09/2025)

#20

Sep 09, 2025

Restricted Case Conference Instructions

#21

Sep 09, 2025

Summons Returned Executed

#22

Sep 09, 2025

Summons Returned Executed

#23

Sep 09, 2025

Summons Returned Executed

#24

Sep 09, 2025

Summons Returned Executed

#25

Sep 09, 2025

Summons Returned Executed

#26

Sep 09, 2025

Summons Returned Executed

#27

Sep 09, 2025

Summons Returned Executed as to USA

Sep 09, 2025

Order Setting Hearing or Trial

Sep 09, 2025

Telephone Conference AND ~Util - Set/Reset All Hearings

#28

Sep 10, 2025

SUPPLEMENT Briefing in Response to the Petition for Writ of Habeas Corpus by Attorney Eric W. Synowicki on behalf of Respondents Peter Berg, Pamela Bondi, Allen Gill, Todd M. Lyons, Kristi Noem, Donald J. Trump.(Synowicki, Eric) (Entered: 09/10/2025)

#29

Sep 10, 2025

REPLY BRIEF in support of by Attorney Jamie L. Arango on behalf of Petitioner Gerardo Duenas Arce.(Arango, Jamie) (Entered: 09/10/2025)

#30

Sep 10, 2025

SUPPLEMENT by Attorney Jamie L. Arango on behalf of Petitioner Gerardo Duenas Arce.(Arango, Jamie) (Entered: 09/10/2025)

#31

Sep 12, 2025

TEXT ORDER RESCHEDULING LOCATION OF HEARING: This matter is set for hearing on Petitioner's Petition for Habeas Corpus for 9/16/2025 at 10:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Susan M. Bazis. The parties agreed the issues presented are only issues of law, therefore Petitioner's attorney waived Petitioner's appearance at the hearing due to his presence not being required per 28 USC 2243. Counsel may appear via video conference. Video conference instructions are found at [20]. Ordered by Judge Susan M. Bazis. (RMW)

Sep 12, 2025

Order Setting Hearing or Trial

#32

Sep 16, 2025

TEXT MINUTE ENTRY for proceedings held before Judge Susan M. Bazis. In Court Hearing held on 9/16/2025. Hearing held in Omaha. Petitioner's attorney appeared by video conference. Petitioner's appearance waived by his attorney. Court confirmed with petitioner that the exhibits attached to her brief were all that she intended to submit. Argument by the parties. The Court takes the matter under advisement. Written order forthcoming. Attorneys for Federal Respondents shall inform Respondent Chris Kleinberg as to the decision of the Court, upon the filing of the Court's Memorandum and Order. Courtroom Deputy: Rene' Wilson; Reporter: Brenda Fauber; Appearance for Petitioner: Jamie L. Arango; Appearance for Federal Respondents: Eric W. Synowicki and Christopher L. Ferretti; Respondent Chris Kleinberg appears without counsel. Time Start: 10:03 AM; Time Stop: 11:36 AM; Time in Court: 1 Hour 33 Minutes. (RMW) (Entered: 09/16/2025)

Sep 16, 2025

In Court Hearing

#33

Sep 18, 2025

MEMORANDUM AND ORDER: Gerardo Duenas Arce's Petition for Writ of Habeas Corpus (Filing No. 1) is granted. Respondents shall immediately return the petitioner to ICE custody and immediately release the petitioner upon his posting the ordered bond, with no additional conditions beyond those imposed by the Immigration Judge at the bond redetermination hearing. The parties are ordered to file a joint status report by 5:00 p.m. on September 19, 2025. confirming that the petitioner has been released. A separate judgment will be entered. Ordered by Judge Susan M. Bazis. (ADB) (Entered: 09/18/2025)

#34

Sep 18, 2025

JUDGMENT : Pursuant to the Memorandum and Order entered on todays date, judgment is entered in favor of the Petitioner. Ordered by Judge Susan M. Bazis. (ADB) (Entered: 09/18/2025)

#35

Sep 19, 2025

Status Report