District of Nebraska • 8:26-cv-00492

Galdamez v. Warden, McCook Detention Center

Active

Case Information

Filed: September 01, 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 16, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 01, 2026
PETITION for Writ of Habeas Corpus in the amount of $ 5, receipt number 8075953; filed on behalf of pro se petitioner Brayan Alexander Galdamez. (LKO) (Entered: 09/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 01, 2026
MEMORANDUM in support of Petition for Writ of Habeas Corpus 1 on behalf of Petitioner Brayan Alexander Galdamez. (LKO) (Entered: 09/01/2026)
Main Document: Brief
#3
Sep 01, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) (Entered: 09/01/2026)
Main Document: Notice by Clerk (Pro Se Case)
#4
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)
#5
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' 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 encounter 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 should 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 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) (LKO) (Entered: 09/01/2026)
Main Document: Order to Show Cause
Sep 01, 2026
Order
#6
Sep 02, 2026
RESPONSE regarding Order to Show Cause,,,,,, 5 by Attorney Grant K. Dugdale on behalf of Respondent Warden, McCook Detention Center.(Dugdale, Grant) (Entered: 09/02/2026)
Main Document: RESPONSE
#7
Sep 08, 2026
RESPONSE regarding Brief 2, Petition for Writ of Habeas Corpus, 1 by Attorney Shereece A. Dendy-Sanders on behalf of Respondents Todd W. Blanche, Markwayne Mullin.(Dendy-Sanders, Shereece) (Entered: 09/08/2026)
Main Document: Response
#8
Sep 08, 2026
INDEX in support of Response 7 by Attorney Shereece A. Dendy-Sanders on behalf of Respondents Todd W. Blanche, Markwayne Mullin.(Dendy-Sanders, Shereece) (Entered: 09/08/2026)
Main Document: Index
#9
Sep 08, 2026
DECLARATION regarding Response 7, Index 8 by Attorney Shereece A. Dendy-Sanders on behalf of Respondents Todd W. Blanche, Markwayne Mullin. (Attachments: # 1 Exhibit Ex. A - Warrant, # 2 Exhibit Ex. B - NTA, # 3 Exhibit Ex. C - IJ Order)(Dendy-Sanders, Shereece) (Entered: 09/08/2026)
Main Document: Declaration
#10
Sep 08, 2026
Certificate regarding Declaration, 9, Response 7, Index 8 by Attorney Shereece A. Dendy-Sanders on behalf of Respondents Todd W. Blanche, Markwayne Mullin.(Dendy-Sanders, Shereece) (Entered: 09/08/2026)
Main Document: Certificate
#11
Sep 16, 2026
MEMORANDUM AND ORDER - The Petition for Writ of Habeas Corpus (filing 1 ) is conditionally granted. The government shall provide the petitioner with a constitutionally sufficient detention hearing on or before September 30, 2026. If the gove rnment does not provide the petitioner with a detention hearing as required, the petitioner must be immediately released from detention. If an immigration judge determines the petitioner should be released on bond, or if the petitioner is released be cause a detention hearing was not held, the government shall return the petitioner to Des Moines, Iowa or provide him with the means to return there. On or before October 5, 2026, the government shall provide the Court with a status update regarding the bond hearing or, if no bond hearing was held, advise the Court regarding the petitioner's release. Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)
Main Document: Memorandum and Order
#12
Sep 16, 2026
Judgment - Pro Se
Main Document: Judgment - Pro Se