District of Montana • 4:26-cv-00289

#1

Aug 18, 2026

PETITION for Writs of Habeas Corpus ( Filing fee $ 5 receipt number AMTDC-3737399) filed by Adrian Espinoza De La Cruz and A-E-V. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - Hernandez Putative Class Tracker) (SAH) (Entered: 08/18/2026)

#2

Aug 18, 2026

MOTION for Order to Show Cause. Molly E. Danahy, Andres Haladay, Caitlin Cocilova appearing for Petitioners Adrian Espinoza De La Cruz and A-E-V. (Attachments: # 1 Proposed Order) (SAH) (Entered: 08/18/2026)

#3

Aug 18, 2026

IT IS HEREBY ORDERED that 1.The Clerk is directed to effectuate immediate service, if service has not already been accomplished, of the habeas petition filed in this case upon Respondents. 2.The Clerk of Court is directed to Mail a copy of the Petition (ECF No. 1) and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to Zachary Crosson, Chief Patrol Agent of the Havre Sector, U.S. Customs and Board Patrol, 2605 5th Ave. SE, Havre, MT 59501. 3.Respondents shall file a response to De La Cruz and A-E-Vs individual habeas petition (ECF. No. 1) no later than August 20, 2026. Any arguments that the petition should be dismissed shall be made in the response and not by separate motion. 4. The Court will hold a hearing on De La Cruz and A-E-Vs individual Order to Show Cause on August 21, 2026, at 3:30 P.M. at the Paul G. Hatfield Federal Courthouse in Helena, Montana. No petitioners need to be present at the hearing. Petitioners shall appear remotely. Counsel also may file motions with the Court to appear by Zoom. 5. Any reply by Petitioners De La Cruz and A-E-V shall be filed before the hearing on August 21, 2026. 6. The Courts previous orders related to the Hernandez putative class remain in effect. 7. Respondents shall not transfer Petitioners, including De La Cruz and A-E-V along with the rest of the Hernandez putative class, out of the District of Montana or remove them from the United States. 8. If either party seeks an expedited or enlarged briefing schedule, counsel for that party shall contact the opposing counsel promptly to meet and confer. The parties shall then file a joint expedited motion, noted for the same day it is filed, that contains either an agreed briefing schedule or the parties competing proposals for a briefing schedule. Signed by Judge Brian Morris on 8/18/2026. (SLL) Modified on 8/18/2026 (SLL). Modified on 8/19/2026 to reflect copy of order mailed to Crosson and NEF regenerated to AUSA (MMS). (Entered: 08/18/2026)

#4

Aug 19, 2026

NOTICE of Appearance (paperless filing) by Timothy A. Tatarka on behalf of Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Tatarka, Timothy) (Entered: 08/19/2026)

#5

Aug 19, 2026

Unopposed MOTION Privacy Act Order . Timothy A. Tatarka appearing for Respondents Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Attachments: # 1 Text of Proposed Order) (Tatarka, Timothy) (Entered: 08/19/2026)

#6

Aug 19, 2026

Unopposed MOTION for Leave to File Under Seal Petitioners' A-Files. Timothy A. Tatarka appearing for Respondents Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Attachments: # 1 Text of Proposed Order) (Tatarka, Timothy) (Entered: 08/19/2026)

#7

Aug 19, 2026

Sealed Document re: 6 Unopposed MOTION for Leave to File Under Seal Petitioners' A-Files filed by Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella Petitioners' A-Files. (Attachments: # 1 A-File) (Tatarka, Timothy) Modified on 8/19/2026 to reflect that pursuant to Order 10 document is filed under seal. (MMS). (Entered: 08/19/2026)

#8

Aug 19, 2026

RESPONSE as to re: 1 Petition for Writ of Habeas Corpus filed by Respondents Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Tatarka, Timothy) (Entered: 08/19/2026)

#9

Aug 19, 2026

Unopposed MOTION to Vacate 3 Order Setting Hearing on Motion,,,,,,, . Timothy A. Tatarka appearing for Respondents Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Attachments: # 1 Text of Proposed Order) (Tatarka, Timothy) (Entered: 08/19/2026)

#10

Aug 19, 2026

ORDER granting 6 Motion to File Under Seal. The United States may file its response brief exhibit under seal. Signed by Judge Brian Morris on 8/19/2026. (MMS)

#11

Aug 19, 2026

REPLY to Response to Motion re 2 MOTION for Order to Show Cause and Notice of Issue filed by A-E-V, Adrian Espinoza De La Cruz. (Haladay, Andres) (Entered: 08/19/2026)

#12

Aug 19, 2026

ORDER: The motion is hereby GRANTED. The August 21, 2026 hearing is VACATED. This case is submitted on the briefs. Signed by Judge Brian Morris on 8/19/2026. (KAH) (Entered: 08/19/2026)

#13

Aug 19, 2026

ORDER granting 1 Petition. The Court orders the Government to release De La Cruz and A-E-V from custody within 24 hours of this Order, under appropriateconditions of release, and to facilitate their transportation from thedetention facility by notifying their counsel when and where they canbe collected. IT IS FURTHER ORDERED that the Government must return De LaCruz and A-E-Vs personal property, including any personal identification and employment authorization documents, upon their release. IT IS FURTHER ORDERED that the Government is PERMANENTLY ENJOINED from detaining De La Cruz and A-EVpursuant to 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED that the Government may not re-detain De La Cruz or A-E-V pursuant to 8 U.S.C. § 1226(a) during thependency of their current removal proceedings until after an immigration court hearing is held, with adequate notice, to determine whether detention is appropriate under 8 U.S.C. § 1226(a) and its implementing regulations. At this hearing, the Government must bear the burden of establishing that detention is appropriate by clear and convincing evidence. If Petitioners become subject to a final order of removal and Petitioners receive notice of such order, the Government may detain Petitioners for the sole and limited purpose of executing removal pursuant to 8 U.S.C. § 1231(a)(2)(A). In such an event, Respondents SHALL provide a bond hearing in the timeframe required by law. The Court orders the Government to certify compliance with this Order by filing on the docket. The Court retains jurisdiction to enforce its order and judgment. De La Cruz and A-E-V may move to reopen this case to enforce the judgment without filing a separate case. Signed by Judge Brian Morris on 8/19/2026. (MMS) (Entered: 08/19/2026)

Aug 19, 2026

Notice of Appearance (paperless filing)

#14

Aug 20, 2026

NOTICE Of Compliance re 13 Order on Motion for Order to Show Cause,,,,,,, (Tatarka, Timothy) (Entered: 08/20/2026)

#15

Aug 20, 2026

Order on Motion for Miscellaneous Relief