Western District of Kentucky • 4:26-cv-00522

Vargas v. Olson

Active

Case Information

Filed: August 03, 2026
Assigned to: Benjamin Beaton
Referred to: Henry Brent Brennenstuhl
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 22, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 03, 2026
PETITION for Writ of Habeas Corpus filed by Willians Enrique Moreno Vargas. (Filing fee $5 receipt number Ck. #301.) (Attachments: # 1 Exhibit A - Notice to Appear 10/21/2024, # 2 Exhibit B - Encounter Details, # 3 Exhibit C - Order on Motion to Dismiss, # 4 Exhibit D - Notice to Appear 7/19/2025, # 5 Exhibit E - Order of Immigration Judge, # 6 Exhibit F - Decision and Order of Immigration Judge, # 7 Exhibit G - Notice of Appeal) (KDY) (Additional attachment(s) added on 8/4/2026: # 8 Cover Sheet) (KDY). (Entered: 08/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (KDY) (Entered: 08/03/2026)
Main Document: Case Assignment
#3
Aug 03, 2026
MOTION for Andrea M. Duron to Appear Pro Hac Vice by Petitioner Willians Enrique Moreno Vargas. Filing fee $ 150, ck#300. (Attachments: # 1 Attachment, # 2 Proposed Order) (KDY) (Entered: 08/03/2026)
Main Document: Appear Pro Hac Vice
Aug 03, 2026
Remark: Electronic notification of the petition and any subsequent order constitutes valid service on all federal respondents named therein as of the date of this remark pursuant to the Memorandum of Understanding and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, which the Court is applying to these cases. (KDY)
Aug 03, 2026
Remark (Public)
#4
Aug 04, 2026
NOTICE of Appearance by Calesia Henson on behalf of Pamela Bondi, Executive Office for Immigration Review, Markwayne Mullin, Samuel Olson, U.S. Department of Homeland Security (Henson, Calesia) (Entered: 08/04/2026)
Main Document: Notice of Appearance
#5
Aug 04, 2026
TEXT ORDER: Under 28 U.S.C. § 636(b)(1)(A), the Court refers this matter to Magistrate Judge Brennenstuhl for hearing and determining all pretrial matters, including non-dispositive motions. Judge Brennenstuhl may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM) (Entered: 08/04/2026)
#6
Aug 04, 2026
ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 8/4/2026 granting 3 Motion for attorney Andrea M. Duron to Appear Pro Hac Vice. cc: Counsel (JM) (Entered: 08/04/2026)
Main Document: Order on Motion to Appear Pro Hac Vice
Aug 04, 2026
Order - TEXT ONLY
Aug 06, 2026
Filing Fee Received
Aug 06, 2026
Filing fee: $ 5.00 receipt number 300017403 by Willians Enrique Moreno Vargas. (SLK)
Aug 06, 2026
Pro Hac Vice Filing fee: $ 150.00 receipt number 300017402 by Willians Enrique Moreno Vargas. (SLK)
#7
Aug 07, 2026
TEXT ORDER: In response to the petition for a writ of habeas corpus (DN 1 ), the Court directs the Respondents to show cause, no later than 8/11/26, why the writ should not be granted. See 28 U.S.C. § 2243. The Government should address the Petitioner's contention that his continued detention, as he appeals his removal order to the BIA, violates the Due Process Clause. See Petition at 2 (citing Zadvydas v. Davis, 533 U.S. 678, 701 (2001)); but see Martinez v. Larose, 968 F.3d 555, 565 (6th Cir. 2020) ("If [the petitioner] does not prevail in his pending actions before this court and the BIA, nothing should impede the government from removing him."). And the Respondents should address whether 8 U.S.C. § 1226, or instead § 1231, provides the authority (if any) to detain an alien following a direct appeal of the IJ's removal order. Unless the parties file notice that they seek a hearing, the Court will presume that the petition presents no material factual disputes and decide it on the papers. The Clerk of Court shall forward by certified mail, return receipt requested, one copy of the petition and this order on each Respondent who has not been designated by the United States Attorney's Office, as agreed to by the Attorney's Office and the Clerk in the 1/20/26 Memorandum of Understanding, to receive electronic notice and service. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel, Respondent Mike Lewis (via certified mail) w/ DN 1 Petition (JM) (Entered: 08/07/2026)
#8
Aug 07, 2026
Notice (Other)
Main Document: Notice (Other)
Aug 07, 2026
Order - TEXT ONLY
#9
Aug 10, 2026
ATTORNEY NOTICE of Deficiency Andrea M. Duron re 6 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to General Order 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 8/27/2026. (KJA) (Entered: 08/10/2026)
Aug 10, 2026
Deficiency
#10
Aug 11, 2026
Response to Order to Show Cause
Main Document: Response to Order to Show Cause
#11
Aug 20, 2026
Notice (Other)
Main Document: Notice (Other)
#12
Aug 21, 2026
Reply
Main Document: Reply
#13
Aug 21, 2026
Deficiency
Main Document: Deficiency
#14
Aug 22, 2026
Reply
Main Document: Reply

Parties

Olson
Party
Vargas
Party