District of Wyoming • 1:25-cv-00245

Serrato v. Uinta County Sheriff

Completed

Case Information

Filed: October 23, 2025
Assigned to: Scott Wesley Skavdahl
Referred to: Scott P. Klosterman
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Completed: November 26, 2025
Last Activity: November 26, 2025
Parties: View All Parties →

Docket Entries

#1
Oct 23, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $5 receipt #AWYDC-2689720.), filed by Octavio Duran Serrato. (Surber, Jordyn) (Entered: 10/23/2025)
Main Document: Petition for Writ of Habeas Corpus (Attorney)
#2
Oct 23, 2025
Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been assigned to the Honorable Scott W. Skavdahl as presiding and the Honorable Scott P. Klosterman as referral. (Court Staff, smxb) (Entered: 10/23/2025)
Main Document: Notice of Judge Assignment and Consent to Proceed
#3
Oct 23, 2025
ORDER Lifting Stay, Requiring Respondents to Show Cause and Setting Hearing by the District Judge Scott W Skavdahl. It is therefore ORDERED that the stay imposed by District of Wyoming General Order 2025-3 upon civil cases wherein the United States is a party is hereby LIFTED as to this case. It is further ORDERED that Petitioner's counsel is directed to identify any additional proper respondents and serve them (see order for full service instructions). It is further ORDERED that Respondents shall show good cause by written submission as to why the Petition for Writ of Habeas Corpus should not be granted, to be filed no later than 5:00 pm MDT on 10/27/2025. Any reply from Petitioner shall be filed no later than 12:00 p.m. noon MDT on 10/29/2025. It is further ORDERED that the parties shall appear before the Court for a hearing on the Petition for Writ of Habeas Corpus on 10/30/2025 at 10:30 am in Casper Courtroom 2. It is finally ORDERED that Respondents shall not transfer Petitioner outside the District of Wyoming or remove him from the United States absent further order of this Court. (Court Staff, smms) (Entered: 10/23/2025)
Main Document: Order
#4
Oct 23, 2025
(TEXT-ONLY) NOTICE of Hearing: IN-PERSON Hearing on the Petition for Writ of Habeas Corpus on 10/30/2025 at 10:30 AM in Casper Courtroom No. 2 (Room No. 204) before District Judge Scott W Skavdahl. (Court Staff, smms) (Entered: 10/23/2025)
#5
Oct 23, 2025
(TEXT-ONLY) NOTICE of Hearing: NOW BEING HELD VIA ZOOM - NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior to its scheduled start time to allow for troubleshooting of any connectivity issues.3. To ensure the record is of the best quality, participants are encouraged to utilize a headset to reduce static and background noise. If not using a headset, participants must ensure the audio feed at their location is muted when not speaking.***REMINDER: Recording or broadcasting of this hearing is prohibited. *** Zoom Hearing regarding the Petition for Writ of Habeas Corpus set for 10/30/2025 10:30 AM before District Judge Scott W Skavdahl. (Court Staff, smms) (Entered: 10/23/2025)
Oct 23, 2025
Notice of Hearing
#6
Oct 24, 2025
Praecipe for Summons filed by Petitioner Octavio Duran Serrato (Attachments: # 1 Proposed Order Proposed Summons to Andy Kopp, # 2 Proposed Order Proposed Summons to Denver ICE, # 3 Proposed Order Proposed Summons to Jason Knight, # 4 Proposed Order Proposed Summons to Kristi Noem, # 5 Proposed Order Proposed Summons to Pamela Bondi, # 6 Proposed Order Proposed Summons to US Attorney) (Surber, Jordyn) (Entered: 10/24/2025)
Main Document: Praecipe
#7
Oct 24, 2025
MOTION REFERRED TO Judge Scott P Klosterman. First MOTION for Jacob Rourk to appear pro hac vice; Check not tendered; filed by Petitioner Octavio Duran Serrato. (Attachments: # 1 Affidavit Affidavit of Applicant)(Surber, Jordyn) (Entered: 10/24/2025)
Main Document: Appear Pro Hac Vice
#8
Oct 24, 2025
6 Summons Issued. (Court Staff, smms) (Entered: 10/24/2025)
Main Document: Summons Issued
#9
Oct 24, 2025
ORDER by the US Magistrate Judge Scott P Klosterman granting 7 First MOTION for Jacob Rourk to appear pro hac vice; sent to counsel via email. (Court Staff, smms) (Entered: 10/24/2025)
Main Document: Order on Motion to Appear Pro Hac Vice
#10
Oct 27, 2025
Notice of Pro Hac Vice Attorney Appearance by Jacob Cameron Rourk on behalf of Octavio Duran Serrato Filing fee $ 100, receipt number AWYDC-2690924. (Attachments: # 1 Affidavit) (Rourk, Jacob) (Entered: 10/27/2025)
Main Document: Notice of Attorney Appearance (Pro Hac Vice)
#11
Oct 27, 2025
Praecipe for Summons filed by Petitioner Octavio Duran Serrato. (Court Staff, scat) (Entered: 10/27/2025)
Main Document: Praecipe
#12
Oct 27, 2025
1 Summons Issued (Court Staff, scat) (Entered: 10/27/2025)
Main Document: Summons Issued
#13
Oct 27, 2025
MOTION REFERRED TO Judge Scott P Klosterman. MOTION to Continue (Non-Dispositive). Requesting continuance of date to show good cause as to why petition should not be granted, date for response, and date for hearing following filed by Petitioner Octavio Duran Serrato, Respondents Uinta County Sheriff, United States Attorney General, United States Department of Homeland Security Secretary, United States Immigration and Customs Enforcement Denver Field Office Director, United States Immigration and Customs Enforcement Salt Lake City Field Office Director. (Rourk, Jacob) Unreferred on 10/27/2025 (Court Staff, smms). (Entered: 10/27/2025)
Main Document: Continue (Non-Dispositive)
#14
Oct 27, 2025
NOTICE of Attorney Appearance by C Levi Martin on behalf of United States Attorney General, United States Department of Homeland Security Secretary (Martin, C) (Entered: 10/27/2025)
Main Document: Notice of Attorney Appearance
#15
Oct 27, 2025
ORDER EXTENDING FILING DEADLINES AND CONTNUING HEARING (GRANTING 13 ) by the District Judge Scott W Skavdahl. It is therefore ordered that the parties' Joint Motion to Continue Deadlines is GRANTED. It is further ordered Respondents shall show good cause by written submission as to why the Petition for Writ of Habeas Corpus should not be granted, to be filed no later than 5:00 p.m. MST on Wednesday, November 5, 2025. Any reply from the Petitioner shall be filed no later than 5:00 p.m. MST on Friday, November 7, 2025. It is further Ordered that the parties shall appear before the Court for a hearing on the Petition for Writ of Habeas Corpus, to be conducted via Zoom Videoconference on Wednesday, November 12, 2025 at 10:00 am MST in Casper Courtroom No. 2. (Court Staff, smms) (Entered: 10/27/2025)
Main Document: Order on Motion to Continue (Non-Dispositive)
Oct 27, 2025
Motions No Longer Referred: 13 MOTION to Continue (Non-Dispositive). Requesting continuance of date to show good cause as to why petition should not be granted, date for response, and date for hearing following. (Court Staff, smms)
Oct 27, 2025
Motions No Longer Referred
#16
Oct 28, 2025
Praecipe for summons filed by Petitioner Octavio Duran Serrato. (Court Staff, scat) (Entered: 10/28/2025)
Main Document: Praecipe
#17
Oct 28, 2025
1 Summons Issued (Court Staff, scat) (Entered: 10/28/2025)
Main Document: Summons Issued
#18
Nov 05, 2025
RESPONSE to 1 Petition for Writ of Habeas Corpus (Attorney) filed by Respondents United States Attorney General, United States Department of Homeland Security Secretary, United States Immigration and Customs Enforcement Denver Field Office Director, United States Immigration and Customs Enforcement Salt Lake City Field Office Director. (Attachments: # 1 Declaration of Jared Callahan) (Martin, C) (Entered: 11/05/2025)
Main Document: Response
#19
Nov 07, 2025
REPLY to 18 Response, filed by Petitioner Octavio Duran Serrato. (Attachments: # 1 Table of Contents, Exhibits A-K, # 2 Exhibit A, Birth Certificate (BC) of daughter, Jasmin, # 3 Exhibit B, BC of daughter Jakelin, # 4 Exhibit C, BC of daughter Vanessa, # 5 Exhibit D, BC of son, Octavio Jr., # 6 Exhibit E, BC of son Alejandro, # 7 Exhibit F, Letter of Support from Jasmin, # 8 Exhibit G, Letter of Support from Jakelin, # 9 Exhibit H, Letter of Support from Vanessa, # 10 Exhibit I, Letter of Support from Octavio Jr., # 11 Exhibit J, Letter of Support from Alejandro, # 12 Exhibit K, Petitioner's Infraction Information) (Rourk, Jacob) (Entered: 11/07/2025)
Main Document: Reply
#20
Nov 12, 2025
CERTIFICATE OF SERVICE by Petitioner Octavio Duran Serrato (Rourk, Jacob) (Entered: 11/12/2025)
Main Document: Certificate of Service
#21
Nov 12, 2025
NOTICE of Attorney Appearance by Hunter LeRoy Peterson on behalf of Uinta County Sheriff (Peterson, Hunter) (Entered: 11/12/2025)
Main Document: Notice of Attorney Appearance
#22
Nov 12, 2025
MINUTES for proceedings held before District Judge Scott W Skavdahl: Hearing regarding Petition for Habeas Corpus held on 11/12/2025. The Court took this matter under advisement. (Court Reporter Shannon Zelt.) (Court Staff, smms) (Entered: 11/12/2025)
Main Document: Motion Hearing
#23
Nov 18, 2025
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS by the District Judge Scott W Skavdahl. Octavio Duran Serrato's 1 Petition for Writ of Habeas Corpus is GRANTED. Respondents shall provide an individualized bond hearing to Mr. Serrato within 7 calendar days of the date of this Order. IT IS FURTHER ORDERED that if Respondents fail to provide Mr. Serrato with an individualized bond hearing within 7 calendar days of this Order, Respondents shall immediately release Mr. Serrato from detention upon his posting of a $1500.00 bond. IT IS FURTHER ORDERED that this Court's earlier restraint against Respondents transferring Mr. Serrato outside of the District of Wyoming 3 Order is hereby LIFTED AND CANCELED so that Mr. Serrato may be transported to Nevada for his removal proceedings. IT IS FINALLY ORDERED that the Respondents shall file a status report within 10 calendar days of the date of this Order that certified compliance with this Order. This Court shall retain jurisdiction over this matter to the extent necessary to ensure this order is carried into effect. See Order for complete details. Status Report due by 11/28/2025. (Court Staff, scat) (Entered: 11/18/2025)
Main Document: Order
#24
Nov 24, 2025
STATUS REPORT by United States Attorney General, United States Department of Homeland Security Secretary, United States Immigration and Customs Enforcement Denver Field Office Director, United States Immigration and Customs Enforcement Salt Lake City Field Office Director. (Attachments: # 1 Exhibit) (Martin, C) (Entered: 11/24/2025)
Main Document: Status Report
#25
Nov 26, 2025
JUDGMENT in favor of Petitioner by the District Judge Scott W Skavdahl. The Court having granted the Petition for Writ of Habeas Corpus and the Federal Respondents having complied with such order, final judgment is hereby entered in favor of the Petitioner. The case is closed. (Court Staff, scat)The AO133 Bill of Cost form is available at https://www.wyd.uscourts.gov/forms/bill-costs. (Entered: 11/26/2025)
Main Document: Judgment