District of Montana • 4:26-cv-00313

#1

Sep 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AMTDC-3762033.), filed by Gerardo Diaz Ruiz. (Attachments: # 1 Civil Cover Sheet) (KJC) (Entered: 09/30/2026)

#2

Sep 30, 2026

MOTION for Order to Show Cause. Brianne Holland-Stergar appearing for Plaintiff Gerardo Diaz Ruiz. (KJC) (Entered: 09/30/2026)

#3

Sep 30, 2026

First MOTION for Order to Show Cause . Brianne Holland-Stergar appearing for Plaintiff Gerardo Diaz Ruiz. (Attachments: # 1 Text of Proposed Order Proposed Order) (Holland-Stergar, Brianne) (Entered: 09/30/2026)

Sep 30, 2026

Filing fee: $ 5.00, receipt number AMTDC-3762033 (MMS)

Sep 30, 2026

Filing Fee Received

#4

Oct 01, 2026

NOTICE of Appearance (paperless filing) by Jordan Walter FitzGerald on behalf of Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (FitzGerald, Jordan) (Entered: 10/01/2026)

#5

Oct 01, 2026

NOTICE of Appearance (paperless filing) by Babak A Rastgoufard on behalf of Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Rastgoufard, Babak) (Entered: 10/01/2026)

#6

Oct 01, 2026

ORDER: The Court finds that the Petition establishes a prima facie case for relief. Therefore, the Court directs that the Petition be served on the United States Attorneys Office for the District of Montana (USAO) and directs Respondents to show cause why the writ of habeas corpus should not be granted. The Court also sets a briefing schedule for the Petition. The Court ORDERS: 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 add the United States Attorneys Office for the District of Montana to the docket as an Interested Party. 3. 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. 4. Respondents shall file a notice of appearance within three days of the date of this Order by October 5, 2026. 5. Respondents shall file a response to the habeas petition no later than October 5, 2026. Any arguments that the petition should be dismissed shall be made in the response and not by separate motion. 6. The Court will hold a hearing on the Order to Show Cause on October 6, 2026, at 2:30 P.M. at the Missouri River Courthouse in Great Falls, Montana. 7. Any reply by Petitioner shall be filed before the hearing on October 6, 2026. 8. Respondents shall not transfer Petitioner out of the District of Montana or remove him from the United States. 9. 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. 10. The Government may appear remotely. The Clerk of Courts Office will email the zoom link. Signed by Judge Brian Morris on 10/1/2026. (KAH) (Entered: 10/01/2026)

Oct 01, 2026

Notice of Appearance (paperless filing)

#7

Oct 05, 2026

Protective Order

#8

Oct 05, 2026

Leave to File Under Seal - SDM

#9

Oct 05, 2026

Lodged Sealed Document - MT

#10

Oct 05, 2026

Order on Motion for Protective Order

#11

Oct 05, 2026

Response - MT

#12

Oct 05, 2026

Vacate

#13

Oct 05, 2026

ORDER: With good cause shown, the motion is hereby GRANTED. The October 6, 2026 hearing is VACATED. This case is submitted on the briefs. Signed by Judge Brian Morris on 10/5/2026. (KAH)

#14

Oct 05, 2026

Reply to Response to Motion

#15

Oct 06, 2026

Order

#16

Oct 07, 2026

Notice (Other) - SDM