Active
Case Information
Filed: September 10, 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:
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Docket Entries
#1
Sep 10, 2026
PETITION for Writ of Habeas Corpus, receipt #8076047 in the amount of $5, on behalf of Miguel Bernabe-Bautista. (LRM) Modified on 9/10/2026 to add receipt number (LRM). (Entered: 09/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 10, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (LRM) (Entered: 09/10/2026)
Main Document:
Notice by Clerk (Pro Se Case)
#3
Sep 10, 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 Secretary of Homeland Security 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: 09/10/2026)
#4
Sep 10, 2026
ORDER TO SHOW CAUSE The respondents shall, on or before September 15, 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 respon dents' 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 hi s 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 eviden tiary hearing should be conducted; ande. 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 22, 2026. The respondents are enjoine d 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. (LRM)
Sep 10, 2026
Order
#5
Sep 14, 2026
Response
Main Document:
Response
#6
Sep 15, 2026
Response
Main Document:
Response
#7
Sep 15, 2026
Index
Main Document:
Index
#8
Sep 15, 2026
Declaration
Main Document:
Declaration
#9
Sep 15, 2026
Certificate
Main Document:
Certificate
#11
Sep 16, 2026
Judgment - Pro Se
Main Document:
Judgment - Pro Se
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