District of Nebraska • 8:26-cv-00363

#1

Jul 27, 2026

PETITION for Writ of Habeas Corpus in the amount of $ 5, receipt 8075684, filed on behalf of Alvaro Antonio Oporta. (RMR) (Entered: 07/27/2026)

#2

Jul 27, 2026

NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (RMR) (Entered: 07/27/2026)

#3

Jul 27, 2026

TEXT ORDER: The petitioner alleges that he is being held in immigration detention by federal authorities, but the only named respondent is a state official. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction, however, must be joined as a party if in that person's absence, the Court cannot accord complete relief, or the person has an interest in the subject of the action that might not be protected if the action was disposed of in the person's absence. Fed. R. Civ. P. 19(a)(1); see also Rivero-Tapanes v. Rokosky, No. 26-CV-1542, 2026 WL 1469826 (D. Ariz. May 26, 2026). Therefore, in order to ensure complete relief, the Court will join Department of Homeland Security Secretary Markwayne Mullin and Acting Attorney General Todd W. Blanche as Respondents to this action. Rivero-Tapanes, 2026 WL 1469826, at *4; see generally Rule 19(a)(2); Fed. R. Civ. P. 21. Ordered by Senior Judge John M. Gerrard. (DCD) (Entered: 07/27/2026)

#4

Jul 27, 2026

ORDER TO SHOW CAUSE - The respondents shall, on or before July 30, 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 August 6, 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. (RMR) (Entered: 07/27/2026)

Jul 27, 2026

Order

#5

Jul 28, 2026

RESPONSE regarding Order to Show Cause,, 4 by Attorney Grant K. Dugdale on behalf of Respondent Warden, McCook Detention Center.(Dugdale, Grant) (Entered: 07/28/2026)

#6

Jul 29, 2026

Response

#7

Jul 29, 2026

Index

#8

Jul 29, 2026

Declaration

#9

Jul 29, 2026

Certificate

#10

Aug 03, 2026

MEMORANDUM AND ORDER CONDITIONALLY GRANTING WRIT OF HABEAS CORPUS - The Petition for Writ of Habeas Corpus (filing 1 ) is conditionally granted. On or before August 10, 2026, the government shall provide the petitioner with a detention hearing, at which the government must articulate an individualized reason for detaining the petitioner. If the government does not provide the petitioner with a detention hearing as required, the petitioner must be immediately released from detention. On or before August 12, 2026, the government shall provide the Court with a status update regarding the hearing or, if no hearing was held, advise the Court regarding the petitioner's release. Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party) (JES) Modified on 8/3/2026 to correct text (JES). (Entered: 08/03/2026)

#11

Aug 03, 2026

JUDGMENT - PRO SE - For the reasons stated in the accompanying memorandum and order 10, judgment is entered in favor of the petitioner. On or before August 10, 2026, the government shall provide the petitioner with a detention hearing as provided in the accompanying order. (Attachments: # 1 Notice - Civil Appeals in Pro Se Cases) Ordered by Senior Judge John M. Gerrard. (Copy mailedto pro se party.) (JES) (Entered: 08/03/2026)

#12

Aug 11, 2026

Status Report