District of Nebraska • 8:26-cv-00484
Villegas v. Warden, McCook Detention Center
Active
Case Information
Filed: August 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:
September 15, 2026
Parties:
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Docket Entries
#1
Aug 31, 2026
PETITION for Writ of Habeas Corpus in the amount of $ 5, Receipt Number 8075933; filed on behalf of pro se petitioner Erik Lara Villegas. (LKO) (Entered: 08/31/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 31, 2026
EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction on behalf of Petitioner Erik Lara Villegas.(LKO) (Entered: 08/31/2026)
Main Document:
Temporary Restraining Order
#3
Aug 31, 2026
INDEX of Exhibits on behalf of Petitioner Erik Lara Villegas. (LKO) (Entered: 08/31/2026)
Main Document:
Index
#4
Aug 31, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) (Entered: 08/31/2026)
Main Document:
Notice by Clerk (Pro Se Case)
#5
Sep 01, 2026
REASSIGNMENT ORDER - that pursuant to NEGenR 1.4(a)(4)(B)(ii) this case is reassigned to Senior United States District Judge John M. Gerrard, for disposition. The case remains assigned to the Pro Se docket for judicial supervision. Ordered by Chief Judge Brian C. Buescher. (LKO) (Entered: 09/01/2026)
Main Document:
Reassignment Order
#6
Sep 01, 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 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 District Judge John M. Gerrard. (DCD) (Entered: 09/01/2026)
#7
Sep 01, 2026
ORDER TO SHOW CAUSE - The respondents shall, on or before September 8, 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 respondents&# 039; answer must include: a. Such affidavits and exhibits as are necessary to establish the lawfulness of the petitioner's detention in light of the issues raised in the petition; b. Such affidavits and exhibits as are necessary to establish the circumstances of the petitioner's initial contact with U.S. immigration officials, the basis for and conditions of his release from custody, if any, and a procedural history of his immigration and release status from the time of his initial enc ounter with U.S. immigration officials to the present; c. A reasoned memorandum of law and fact explaining the respondents' legal position on the petitioner's claims; d. The government's position on whether an evidentiary hearing shoul d be conducted; and e. Whether petitioner was arrested pursuant to a warrant and, if so, a copy of that warrant. The petitioner may reply in support of the petition on or before September 15, 2026. The respondents are enjoined from removing the petit ioner 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) (LKO)
Sep 01, 2026
Order
#8
Sep 02, 2026
Response
Main Document:
Response
#9
Sep 08, 2026
Response
Main Document:
Response
#10
Sep 08, 2026
Index
Main Document:
Index
#11
Sep 08, 2026
Declaration
Main Document:
Declaration
#12
Sep 08, 2026
Certificate
Main Document:
Certificate
Sep 08, 2026
Order on Motion for TRO
#14
Sep 15, 2026
Extend
Main Document:
Extend
#15
Sep 15, 2026
ORDER - The petitioner's motion to extend (filing 14 ) is granted. The petitioner may reply in support of his petition on or before September 29, 2026. Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)
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