District of Nebraska • 8:26-cv-00491

#1

Sep 01, 2026

PETITION for Writ of Habeas Corpus on behalf of Carlos Felipe Aguirre Gutierrez. (LRM) (Entered: 09/01/2026)

#2

Sep 01, 2026

NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (LRM) (Entered: 09/01/2026)

#3

Sep 02, 2026

MEMORANDUM AND ORDER 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 may 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: October 2, 2026: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. Copy mailed to pro se party with form. (LRM) (Entered: 09/02/2026)

#4

Sep 02, 2026

ORDER TO SHOW CAUSE The Clerk of the Court shall, before docketing this order, add Todd W. Blanche, U.S. Attorney General; Markwayne Mullin, Secretary of Homeland Security; and David J. Venturella, Senior Official Performing the Duties of the Direct or of U.S. Immigration & Customs Enforcement per Petitioner's Complaint. The Clerk shall then add Assistant U.S. Attorney Christopher L. Ferretti and Assistant U.S. Attorney Eric W. Synowicki as counsel for the federal Respondents and shall, aft er doing so, regenerate the filing for the petition. 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 no t be granted. The respondents' 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. A reasoned memorandum of law and fact explaining the respondents' legal position on the petitioner's claims;c. The government's position on whether an evidentiary hearing should be conducted;d. Whether petitioner was arrested pursuant to a warrant and, if so, a copy of that warrant; ande. Copies of any and all documents referenced in Respondents' responsive brief or in a supporting declaration of a deportation officer. The petitioner may reply in support of the petition on or b efore September 15, 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 Joseph F. Bataillon. Copy mailed to pro se party. (LRM)

#5

Sep 04, 2026

Notice of Appearance

#6

Sep 04, 2026

Response

#7

Sep 08, 2026

RESPONSE regarding Petition for Writ of Habeas Corpus 1 by Attorney Landon L. Friesen on behalf of Respondents Todd W. Blanche, Markwayne Mullin, David J. Venturella.(Friesen, Landon) (Entered: 09/08/2026)

#8

Sep 08, 2026

INDEX in support of Response 7 by Attorney Landon L. Friesen on behalf of Respondents Todd W. Blanche, Markwayne Mullin, David J. Venturella.(Friesen, Landon) (Entered: 09/08/2026)

#9

Sep 08, 2026

DECLARATION regarding Response 7 by Attorney Landon L. Friesen on behalf of Respondents Todd W. Blanche, Markwayne Mullin, David J. Venturella. (Attachments: # 1 Exhibit Form I-862 Notice to Appear, # 2 Exhibit Form I-Form 200 Warrant for Arrest)(Friesen, Landon) (Entered: 09/08/2026)

#10

Sep 08, 2026

Certificate regarding Declaration, 9, Response 7, Index 8 by Attorney Landon L. Friesen on behalf of Respondents Todd W. Blanche, Markwayne Mullin, David J. Venturella.(Friesen, Landon) (Entered: 09/08/2026)

#11

Sep 15, 2026

Proceed In Forma Pauperis

#12

Sep 15, 2026

Reply

#13

Sep 16, 2026

MEMORANDUM AND ORDER Petitioner's Motion for Leave to Proceed in Forma Pauperis, Filing No. 11 , is granted. Ordered by Senior Judge Joseph F. Bataillon. Copy mailed to pro se party. (LRM)

#14

Sep 17, 2026

MEMORANDUM AND ORDER Petitioner's Petition for Writ of Habeas Corpus, Filing No. 1, is granted. Respondents shall release Petitioner from custody as soon as practicable, no later than 48 hours from the filing of this Order. Respondents must release Petitioner with all personal effects including identification documents and immigration documents, and without conditions such as location tracking devices. Respondents shall provide the Court with a status update concerning Petitioner's release by no later than 5:00 P.M. on September 23, 2026. Should Respondents re-detain Petitioner, they must afford him a prompt bond determination hearing. Ordered by Senior Judge Joseph F. Bataillon. Copy mailed to pro se party. (LRM) (Entered: 09/17/2026)

#15

Sep 17, 2026

JUDGMENT In accordance with the accompanying memorandum and order issued on todays date, judgment is hereby entered in favor of Petitioner. (Attachments: # 1 Notice - Civil Appeals in Pro Se Cases) Ordered by Senior Judge Joseph F. Bataillon. Copy mailed to pro se party. (LRM) (Entered: 09/17/2026)