District of Nebraska • 8:26-cv-00672

#1

Oct 30, 2026

PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner Diego A. Aleman. (LKO) (Entered: 10/30/2026)

#2

Oct 30, 2026

NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) (Entered: 10/30/2026)

#3

Oct 30, 2026

TEXT ORDER: The petitioner alleges that he is being held in immigration detention by federal authorities, but did not name any specific officials. 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 Warden Kolby Foote, 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) Modified on 10/30/2026 to correct typographical error (DCD). (Entered: 10/30/2026)

#4

Oct 30, 2026

ORDER TO SHOW CAUSE - The Clerk of the Court shall, before docketing this order, add Grant Dugdale of the Nebraska Attorney General's Office as counsel for Kolby Foote, and add Assistant U.S. Attorney Christopher L. Ferretti for the other respon dents solely for the purpose of providing notice and so that the U.S. Attorney's Office may assign counsel of record, and shall after doing so regenerate the filing for the petition. The respondents shall, on or before November 6, 2026, m ake 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 establi sh 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 officia ls, 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 la w 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 November 13, 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)

#5

Oct 30, 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 will result in dismissal of this matter without furth er 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: November 30, 2026: Check for MIFP or payment. Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)

Oct 30, 2026

Order AND ~Util - Add and Terminate Parties