Active
Case Information
Filed: July 17, 2026
Assigned to:
Michael James Davis
Referred to:
Dulce J. Foster
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
September 16, 2026
Parties:
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Docket Entries
#1
Jul 17, 2026
PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-13123608) filed by Cesar Martinez-Herrera. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Suitor, Daniel) (Entered: 07/17/2026)
Main Document:
PETITION
#2
Jul 17, 2026
DECLARATION of Daniel P. Suitor re 1 Petition for Writ of Habeas Corpus by Cesar Martinez-Herrera . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Suitor, Daniel) (Entered: 07/17/2026)
Main Document:
DECLARATION
#3
Jul 17, 2026
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per Civil (3rd, 4th - Prisoner: Alien Detainee Habeas) list, referred to Magistrate Judge Dulce J. Foster. Please use case number 26-cv-3336 (MJD/DJF).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (ABR) (Entered: 07/17/2026)
#4
Jul 17, 2026
ORDER TO SHOW CAUSE re 1 Petition for Writ of Habeas Corpus filed by Cesar Martinez-Herrera. Respondents' Show Cause Response due by 7/23/2007. Petitioner's Reply due by 7/29/2026. Signed by Judge Michael J. Davis on 7/17/2026.(CRD) (Entered: 07/17/2026)
Main Document:
Order to Show Cause
#5
Jul 20, 2026
NOTICE of Appearance by Worthington Phillips on behalf of Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella. (Phillips, Worthington) (Entered: 07/20/2026)
Main Document:
NOTICE
#6
Jul 23, 2026
RESPONSE to Petition for Writ of Habeas Corpus filed by Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella. (Phillips, Worthington) (Entered: 07/23/2026)
Main Document:
RESPONSE
#7
Jul 23, 2026
DECLARATION of Ivan Sabin re 6 Response to Habeas Petition by Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella . (Attachments: # 1 2011 NTA, # 2 IJ VD, # 3 2016 I-213, # 4 I-296 2016, # 5 2026 Detainer, # 6 I-200, # 7 I-871, # 8 2026 I-213, # 9 2026 NTA, # 10 I-261, # 11 ICE Memo)(Phillips, Worthington) (Entered: 07/23/2026)
Main Document:
DECLARATION
#8
Jul 29, 2026
MEMORANDUM re 6 Response to Habeas Petition (Reply Brief) filed by Cesar Martinez-Herrera. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Suitor, Daniel) (Entered: 07/29/2026)
Main Document:
MEMORANDUM
#9
Aug 31, 2026
ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED: 1. The Petitioner's Petition for Writ of Habeas Corpus 1 is GRANTED IN PART as follows: a. Petitioner's detention under 1225(b)(2) violates his due process rights. b. Respondents are ordered to provide Petitioner with a bond hearing within one week after the issuance of this Order; c. Respondents are ordered to file notice of such bond hearing directly with the Court within two (2) hours of its scheduling ; d. The Immigration Judge is prohibited from denying the opportunity for a bond hearing based on a purported lack of jurisdiction; e. If a bond hearing takes place that results in Petitioner's release, Respondents are ordered to: i. Release Petitioner into Minnesota; ii. At a safe time and place communicated at least two (2) hours in advance to Petitioner's counsel; and iii. With all of Petitioner's personal effects in Respondents' possession, such as Petitioner's driver's license, immigration papers, passport, cell phone, keys; f. If a bond hearing does not take place within one week, Respondents are ordered to immediately release Petitioner from custody into Minnesota with the same conditions of release described in 1(e); and 2. Within 48 hours of the conclusion of the bond hearing or Respondents' decision to release Petitioner from custody, Respondents must file a status report with the Court detailing the results of the Bond Hearing or its actions related to release; and 3. Any motion for attorney fees and costs pursuant to the Equal Access to Justice Act must be filed within 21 days of entry of judgment in this matter, along with a well-reasoned memorandum of authorities explaining why an award of fees and costs is warranted. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Michael J. Davis on 8/31/2026.(CRD) (Entered: 08/31/2026)
#10
Aug 31, 2026
STATUS REPORT by Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella. (Attachments: # 1 Supp Ex A)(Phillips, Worthington) (Entered: 08/31/2026)
Main Document:
STATUS
#11
Sep 01, 2026
JUDGMENT (Attachments: # 1 Civil Notice - appeal)(LTT) (Entered: 09/01/2026)
#12
Sep 03, 2026
STATUS REPORT by Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella. (Phillips, Worthington) (Entered: 09/03/2026)
Main Document:
STATUS
#14
Sep 16, 2026
Judgment (Clerk's Office Only)
Main Document:
Judgment (Clerk's Office Only)
Parties
Blanche
Party
Martinez-Herrera
Party