District of Minnesota • 0:26-cv-04329

Gomez v. Warden of Sherburne County Jail Services

Active

Case Information

Filed: October 07, 2026
Assigned to: Jeffrey M. Bryan
Referred to: Leo I. Brisbois
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: October 08, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 07, 2026
PETITION for Writ of Habeas Corpus filed by Remigio Benitez Gomez. Case assigned to Judge Jeffrey M. Bryan per 3rd/4th - Prisoner: Alien Detainee Habeas list, referred to Magistrate Judge Leo I. Brisbois. (Attachments: # 1 Addendum, # 2 Civil Cover Sheet, # 3 Exhibit(s), # 4 Envelope) (MMG) (Entered: 10/07/2026)
Main Document: PETITION
#2
Oct 07, 2026
Application to Proceed in District Court without Prepaying Fees or Costs filed by Remigio Benitez Gomez. (MMG) (Entered: 10/07/2026)
Main Document: Application
#3
Oct 07, 2026
MOTION to Appoint Counsel filed by Remigio Benitez Gomez. (MMG) (Entered: 10/07/2026)
Main Document: MOTION
#4
Oct 08, 2026
(Text-Only) ORDER: The Court enters the following order to remain in place until further order of the Court or until the Court has issued a ruling on the pending Petition: (1) Respondents are prohibited from moving the Petitioner out of the District of Minnesota; (2) Respondents shall facilitate Petitioner's prompt access to counsel through private, in-person visitation or videoconference if possible (and through private telephone calls if video conferencing is not possible), to include providing Petitioner with contact information for counsel of record, permitting Petitioner to contact friends or relatives for the purpose of obtaining contact information for counsel, and the use of video conferencing equipment and software (or the use of a telephone if video conferencing is not possible); (3) Respondents shall preserve all personal belongings confiscated from Petitioner for prompt return to Petitioner upon release should the Court grant the Petition; (4) If any confiscated documentation is subject to retention by Respondents upon release, Respondents shall make certified copies of any and all such documentation; and (5) Should Respondents choose to release Petitioner rather than respond, Respondents shall release Petitioner in Minnesota, without conditions, and Respondents' counsel shall thereafter file a declaration within 24 hours of release stating when and where the Petitioner was released, attaching any and all documentation concerning the Petitioner's release, and affirming with supporting documentation that all property of Petitioner was returned to Petitioner upon release (or, if property is retained, state which property is retained, the legal basis for its retention, and affirm that Respondents duly provided Petitioner with certified copies of any and all immigration-related documentation). Respondents must submit each of the following three forms to affirm return of Petitioner's property: I-77, I-216, and G-589. If Petitioner's property is lost, Respondents must also submit form I-387, Report of Detainee's Missing Property. If Respondents cannot provide one or more of these forms, Respondents must address why they are unable to do so. In the event that Respondents have already transferred Petitioner out of the District of Minnesota, Respondents are ordered to return Petitioner to Minnesota as soon as possible and in any event, no later than October 12, 2026, at 11:00 a.m. CT. In addition, if Respondents have already transferred Petitioner out of the District of Minnesota, counsel for Respondents shall file a declaration on or before October 12, 2026 at 11:00 a.m. CT explaining the steps counsel has taken to ensure compliance with this Court's order that Respondents immediately return Petitioner to Minnesota. Violation of this order will result in consideration of any appropriate sanctions against the attorneys of record and the parties responsible for violating this order. Ordered by Judge Jeffrey M. Bryan on 10/8/2026. (CRD) (Entered: 10/08/2026)
#5
Oct 08, 2026
NOTICE of Appearance by Carl Berry on behalf of Attorney General, Director of ICE. (Berry, Carl) (Entered: 10/08/2026)
Main Document: NOTICE
#6
Oct 08, 2026
(Text-Only) ORDER: The application to proceed in district court without prepaying fees or costs 2 contains only general information regarding Petitioner's financial status. On or before October 23, 2026, Petitioner must either pay the filing fee or submit an amended application that complies with 28 U.S.C. § 1915(a) and contains specific financial information. Ordered by Judge Jeffrey M. Bryan on 10/8/2026. (CRD) (Entered: 10/08/2026)
#7
Oct 08, 2026
LETTER REFERRING Petitioner to FBA Pro Se Project from Judge Jeffrey M. Bryan. (CRD) (Entered: 10/08/2026)
Main Document: LETTER
Oct 08, 2026
Order/Notice to Attorney
Oct 08, 2026
Order for Party to File Document/Respond to Court

Parties

Gomez
Party
Warden of Sherburne County Jail Services
Party