District of Utah • 1:26-cv-00032

Petit Poleo v. Bondi

Completed

Case Information

Filed: March 06, 2026
Assigned to: Howard Curtis Nielson Jr.
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: April 10, 2026
Last Activity: April 10, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 06, 2026
PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 with In Forma Pauperis request filed by Alejandro Jose Petit Poleo. (Attachments: # 1 Civil Cover Sheet) (Phelps, Nathan) (Entered: 03/06/2026)
Main Document: PETITION
#2
Mar 06, 2026
**SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. filed by Petitioner Alejandro Jose Petit Poleo. (Phelps, Nathan) (Entered: 03/06/2026)
Main Document: Motion for Leave to Proceed In Forma Pauperis (Atty)
#3
Mar 06, 2026
MOTION to Appoint Counsel and Memorandum in Support filed by Petitioner Alejandro Jose Petit Poleo. (Phelps, Nathan) (Entered: 03/06/2026)
Main Document: Appoint Counsel
#4
Mar 06, 2026
Emergency MOTION to Stay and Memorandum in Support TRANSFER DURING PENDENCY OF PETITION filed by Petitioner Alejandro Jose Petit Poleo. (Attachments: # 1 Text of Proposed Order)(Phelps, Nathan) (Entered: 03/06/2026)
Main Document: Stay
Mar 06, 2026
Judge Howard C. Nielson, Jr added. Case number will now read 1:26-cv-00032-HCN. Please make changes to document captions accordingly. (kop)
#5
Mar 09, 2026
Remark re 1 Petition for Writ of Habeas Corpus. Courtesy email regarding case filing sent to USAO duty attorney. (kop) (Entered: 03/09/2026)
#6
Mar 09, 2026
DOCKET TEXT ORDER. Petitioner shall promptly serve Respondents, in a manner that complies with Federal Rule of Civil Procedure 4, with summons and copies of 1 Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus 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 Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus no later than ten 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 seven 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. 3 Motion to Appoint Counsel and 4 Emergency Motion to Stay Transfer during Pendency of Petition are taken under advisement. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 03/09/2026. No attached document. (wsw) (Entered: 03/09/2026)
#7
Mar 09, 2026
NOTICE of Appearance by Todd Christopher Bouton on behalf of Pamela Bondi, Brian Henke, Ruben Leyva, Kristi Noem, Alejandro Jose Petit Poleo (Bouton, Todd) (Entered: 03/09/2026)
Main Document: NOTICE
Mar 09, 2026
Order
#8
Mar 10, 2026
DOCKET TEXT ORDER REFERRING MOTION 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Howard C. Nielson, Jr on 3/10/2026. (ks) (Entered: 03/10/2026)
#9
Mar 10, 2026
Order on Motion for Leave to Proceed In Forma Pauperis
Main Document: Order on Motion for Leave to Proceed In Forma Pauperis
#10
Mar 10, 2026
Alternative Service
Main Document: Alternative Service
#11
Mar 10, 2026
DOCKET TEXT ORDER. In light of 9 Order Granting Motion to Proceed in Forma Pauperis and Federal Rule of Civil Procedure 4(c)(3), the U.S. Marshals Service shall effect service of (1) summons, (2) a copy of 1 Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus, and (3) this docket text order on Respondents.With respect to Respondents Pamela Bondi, Kristi Noem, Ruben Leyva, and Brian Henke, the U.S. Marshals Service shall send copies of the summons, petition, and this order by certified or registered mail to (1) the civil-process clerk at the office of the United States Attorney for the District of Utah, (2) the Attorney General of the United States at Washington, D.C., (3) Secretary Kristi Noem or her successor as Secretary or Acting Secretary of the Department of Homeland Security, (4) Acting Director Ruben Leyva, and (5) Director Brian Henke, in accordance with Federal Rule of Civil Procedure 4(i)(1)–(2).With respect to Respondent Ryan Arbon, the U.S. Marshals Service shall serve him copies of the summons, petition, and this order by any method authorized under Federal Rule of Civil Procedure 4(e).Once the U.S. Marshals Service has served these documents on Respondents, it shall promptly file proof of service. The federal Respondents shall respond to 1 Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus no later than ten days after receipt of the service required by this order. Some or all the federal Respondents may file joint or separate responses. Petitioner may reply no later than seven days after the federal Respondents file their response(s). Respondent Ryan Arbon may file a separate response to 1 Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus no later than ten days after receipt of the service required by this order. If Respondent Ryan Arbon chooses to file a response, Petitioner may file a separate reply no later than seven days after Sheriff Arbon files his response. 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. This order supersedes 6 Docket Text Order. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 03/10/2026. No attached document. (wsw) (Entered: 03/10/2026)
Mar 10, 2026
Order Referring Motion
Mar 10, 2026
Order
#12
Mar 18, 2026
RESPONSE re 1 Petition for Writ of Habeas Corpus, filed by Pamela Bondi, Brian Henke, Ruben Leyva, Kristi Noem. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Ninth Circuit Order for Admin Stay of Bautista)(Bouton, Todd) (Entered: 03/18/2026)
Main Document: RESPONSE
#13
Mar 20, 2026
Order on Motion to Appoint Counsel AND Order on Motion to Stay
Main Document: Order on Motion to Appoint Counsel AND Order on Motion to Stay
#14
Mar 26, 2026
RESPONSE re 13 Order on Motion to Appoint Counsel,, Order on Motion to Stay, 12 Response (NOT to motion),Federal Respondents' Supplemental Briefing re Petition for Writ of Habeas Corpus filed by Pamela Bondi, Brian Henke, Ruben Leyva, Kristi Noem. (Attachments: # 1 Exhibit Notice to Appear for Poleo, # 2 Exhibit Application for Employment Authorization, # 3 Exhibit I-94 Record, # 4 Exhibit Notice of Intent to Revoke Employment Authorization, # 5 Exhibit Notice of Revocation of Parole-Based Employment Authorization)(Bouton, Todd) (Entered: 03/26/2026)
Main Document: RESPONSE
#15
Mar 26, 2026
NOTICE of SUPPLEMENTAL AUTHORITY by Pamela Bondi, Brian Henke, Ruben Leyva, Kristi Noem re 12 Response (NOT to motion) re Recent Eighth Circuit Opinion Relevant to Pending Petition for Habeas Corpus (Bouton, Todd) (Entered: 03/26/2026)
Main Document: NOTICE
#16
Mar 30, 2026
Dismiss
Main Document: Dismiss
#17
Mar 31, 2026
MEMORANDUM in Opposition re 16 MOTION to Dismiss and Memorandum in Support filed by Respondents Pamela Bondi, Brian Henke, Ruben Leyva, Kristi Noem. (Attachments: # 1 Exhibit EDCA Habeas Corpus Order, # 2 Exhibit EDCA Docket for Later-Filed Petition)(Bouton, Todd) (Entered: 03/31/2026)
Main Document: MEMORANDUM
#18
Apr 10, 2026
DOCKET TEXT ORDER. In 16 Motion to Dismiss under FRCP 41(a)(2), Mr. Petit Poleo represents that he "has been released from custody." And in 17 Federal Respondents' Opposition to Petitioner's Motion to Dismiss, the Government appears to represent that the reason for Mr. Petit Poleo's release is that another court has granted another petition for a writ of habeas corpus filed by Mr. Petit Poleo, as shown in the order attached to that opposition. Based on this development, the court concludes that "the underlying controversy" has "cease[d] to exist" and thus that the petition must be dismissed as moot. City Center West, LP v. American Modern Home Ins. Co., 749 F.3d 912, 913 (10th Cir. 2014) (cleaned up). Even assuming this development does not render the case moot, the court would conclude, based on careful consideration of the factors identified in Ohlander v. Larson, 114 F.3d 1531, 1537 (10th Cir. 1997), that there is no proper basis for denying the motion to dismiss the petition voluntarily. The court accordingly GRANTS 16 Motion to Dismiss under FRCP 41(a)(2). 1 Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. 10 Motion for Alternative Service is DENIED AS MOOT. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 04/10/2026. No attached document. (dle) (Entered: 04/10/2026)
#19
Apr 10, 2026
Judgment
Main Document: Judgment
Apr 10, 2026
Order on Motion for Alternative Service AND Order on Motion to Dismiss