Southern District of Mississippi • 5:26-cv-00154

Nyongbela v. Vergara

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Case Information

Filed: March 09, 2026
Assigned to: David C. Bramlette
Referred to: Bradley W. Rath
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: October 07, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 09, 2026
PETITION for Writ of Habeas Corpus (Filing fee $5 receipt number 13810.), filed by Terence Ndi Nyongbela. (Attachments: # 1 Supporting Docs., # 2 Envelope, # 3 Notice of Assignment)(CDS) (Main Document 1 replaced on 3/9/2026) (CDS). (Entered: 03/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 09, 2026
Petitioner's Emergency MOTION or Request for Expedited Handling Requested Under 28 U.S.C. 1657 with Reference to 28 U.S.C. CH. 153 by Terence Ndi Nyongbela. (Attachments: # 1 Envelope)(CDS) (Entered: 03/09/2026)
Main Document: Expedite
#3
Apr 01, 2026
ORDER Requiring Petitioner To Respond. For the reasons stated in this Order, the Clerk of Court shall mail Petitioner a copy of the Petition 1 and a copy of this Order. Petitioner shall sign the Petition under oath and file it with the Court no later than April 15, 2026. Signed by Magistrate Judge Bradley W. Rath on 4/1/2026. (CAD) (Entered: 04/01/2026)
Main Document: Order
#4
Apr 14, 2026
MOTION for Extension of Time to File Response/Reply as to 3 Order, filed by Terence Ndi Nyongbela. (Attachments: # 1 Supporting docs., # 2 Court Mail, # 3 Envelope)(ND) (Entered: 04/14/2026)
Main Document: Extension of Time to File Response/Reply
#5
May 08, 2026
ORDER denying as moot 4 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Bradley W. Rath on May 8, 2026. (RHP) (Entered: 05/08/2026)
Main Document: Order on Motion for Extension of Time to File Response/Reply
#6
May 11, 2026
ORDER REQUIRING RESPONDENTS TO ANSWER - IT IS THEREFORE ORDERED that Pam Bondi, Kristi Noem, and Warden, Eloy Detention Center, are hereby removed, and Rafael Vergara is added, as Respondents in this case. IT IS FURTHER ORDERED that Respondents Diane L. Witte and Warden Vergara shall file an answer or other responsive pleading in this case within 20 days of the service of a copy of this Order. Signed by Magistrate Judge Bradley W. Rath on 5/11/2026 (CDS) (Entered: 05/11/2026)
Main Document: Order
#7
May 15, 2026
ACKNOWLEDGMENT OF SERVICE Executed as to Civil Process Clerk of the Office of the United States Attorney for the Southern District of Mississippi served on 5/13/2026. (CDS) (Entered: 05/15/2026)
Main Document: Remark
#8
May 15, 2026
ACKNOWLEDGMENT OF SERVICE Executed as to Rafael Vergara served on 5/13/2026, answer due 6/2/2026. (CDS) (Entered: 05/15/2026)
Main Document: Acknowledgment of Service
#9
Jun 01, 2026
ACKNOWLEDGMENT OF SERVICE Executed as to Attorney General of the United States at U.S. Department of Justice served on 5/20/2026. (CDS) (Entered: 06/01/2026)
Main Document: Remark
#10
Jun 02, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Rafael Vergara, Diane L. Witte. (Attachments: # 1 Exhibit A-ER, # 2 Exhibit B-NTA, # 3 Exhibit C-IJ Orders, # 4 Exhibit D-First BIA receipt, # 5 Exhibit E-Cover Letter and Opinion by IJ, # 6 Exhibit F-Amended Order of IJ, # 7 Exhibit G-Second BIA receipt)(Paige-Federal Gov, Mitzi) (Entered: 06/02/2026)
Main Document: Response to Habeas Petition
#11
Jun 15, 2026
Response re 10 RESPONSE to 1 Petition for Writ of Habeas Corpus filed by Terence Ndi Nyongbela. (Attachments: # 1 Supporting Docs., # 2 Envelope)(CDS) (Entered: 06/15/2026)
Main Document: Response in Opposition
#12
Aug 24, 2026
Letter from Terence Ndi Nyongbela. (Attachments: # 1 Envelope) (CDS) (Entered: 08/24/2026)
Main Document: Letter
#13
Sep 15, 2026
REPORT AND RECOMMENDATION that the Petition 1 be dismissed without prejudice because Petitioner's detention while his removal proceedings are ongoing is statutorily mandated and does not violate the Fifth Amendment's Due Process Clause. Objections to R&R due 9/29/2026. Signed by Magistrate Judge Bradley W. Rath on 9/15/26 (HM) (Entered: 09/15/2026)
Main Document: Report and Recommendations
#14
Sep 29, 2026
OBJECTION to 13 Report and Recommendations filed by Terence Ndi Nyongbela. (Attachments: # 1 Supporting Docs., # 2 Envelope)(CDS) (Entered: 09/29/2026)
Main Document: Objection to Report and Recommendations
#15
Oct 07, 2026
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS, THEREFORE, ORDERED that the Report and Recommendation [ECF No. 13] be, and the same hereby is, adopted as the finding of this Court. Consequently, Petitioner's Petition [ECF No. 1] is hereby denied and dismissed without prejudice. Signed by District Judge David C. Bramlette, III on 10/7/2026 (CDS)
Main Document: Order Adopting Report and Recommendations
#16
Oct 07, 2026
Judgment
Main Document: Judgment

Parties

Bondi
Party
Nyongbela
Party
Vergara
Party