District of Nebraska • 8:26-cv-00131

Dos Santos Silva v. Warden, Lincoln County Detention Center

Active

Case Information

Filed: March 31, 2026
Assigned to: John Melvin Gerrard
Referred to: Pro Se Docket
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: March 31, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 31, 2026
PETITION for Writ of Habeas Corpus by Petitioner Rafael Dos Santos Silva. (MKR) (Entered: 03/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 31, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (MKR) (Entered: 03/31/2026)
Main Document: Notice by Clerk (Pro Se Case)
#3
Mar 31, 2026
LETTER by Clerk requesting plaintiff's trust account statement from institution. (MKR) (Entered: 03/31/2026)
Main Document: Letter by Clerk Requesting Trust Account Statement
#4
Mar 31, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (MKR) (Entered: 03/31/2026)
Main Document: Notice by Clerk (Pro Se Case)
#5
Mar 31, 2026
BRIEF (MEMORANDUM) in support of Petition for Writ of Habeas Corpus 1 on behalf of Petitioner Rafael Dos Santos Silva.(MKR) (Entered: 03/31/2026)
Main Document: Brief
#6
Mar 31, 2026
MOTION to Stay Removal on behalf of Petitioner Rafael Dos Santos Silva.(MKR) (Entered: 03/31/2026)
Main Document: Stay
#7
Mar 31, 2026
ORDER TO SHOW CAUSE - IT IS ORDERED: The Clerk of the Court shall, before docketing this order: a. Add Ryan Kunhart of Dvorak Law Group LLC as counsel for Warden, Lincoln County Detention Center, b. Add "U.S. Department of Homeland Security (DHS)" and "Immigration and Customs Enforcement (ICE), Omaha Field Office, Nebraska" to the docket as respondents, c. Add Assistant U.S. Attorney Christopher L. Ferretti and Assistant U.S. Attorney Eric W. Synowicki as counsel for "U.S. Department of Homeland Security (DHS)" and "Immigration and Customs Enforcement (ICE), Omaha Field Office, Nebraska," and d. After doing so, regenerate the filings for the petition (filing 1), brief in support (filing 5), and motion to stay removal (filing 6). The respondents shall, on or before April 3, 2026, make a return certifying the true cause and proper duration of the petitioner's detention and showing cause why the writ should not be granted. The petitioner may reply in support of the petition on or before April 10, 2026. The respondents are enjoined from removing the petitioner from the United States and from the District of Nebraska until further order of the Court. If the petitioner has already been removed from Nebraska, the respondents are ordered to immediately return the petitioner to Nebraska.Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party). (TCL) (Entered: 03/31/2026)
Main Document: Order to Show Cause
#8
Mar 31, 2026
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner is directed to submit the $5.00 fee to the Clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. The Clerk of the Court is directed to send to Petitioner the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The Clerk of the Court is directed to set a pro se case management deadline in this matter with the following text: April 30, 2026: Check for MIFP or payment. Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party with AO Form 240). (TCL) (Entered: 03/31/2026)
Main Document: Memorandum and Order
#9
Mar 31, 2026
ORDER - IT IS ORDERED that the petitioner's motion to stay (filing 6) is denied. Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party). (TCL) (Entered: 03/31/2026)
Main Document: Order on Motion to Stay