District of Nebraska • 8:26-cv-00363

Oporta v. Warden, McCook Detention Center

Active

Case Information

Filed: July 27, 2026
Assigned to: John Melvin Gerrard
Referred to: Pro Se Docket
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 27, 2026
PETITION for Writ of Habeas Corpus in the amount of $ 5, receipt 8075684, filed on behalf of Alvaro Antonio Oporta. (RMR) (Entered: 07/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (RMR) (Entered: 07/27/2026)
Main Document: Notice by Clerk (Pro Se Case)
#3
Jul 27, 2026
TEXT ORDER: The petitioner alleges that he is being held in immigration detention by federal authorities, but the only named respondent is a state official. 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 Department of Homeland Security Secretary Markwayne Mullin and Acting 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 Judge John M. Gerrard. (DCD) (Entered: 07/27/2026)
#4
Jul 27, 2026
ORDER TO SHOW CAUSE - The respondents shall, on or before July 30, 2026, make 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 petitioner may reply in support of the petition on or before August 6, 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. (RMR) (Entered: 07/27/2026)
Main Document: Order to Show Cause
Jul 27, 2026
Order
#5
Jul 28, 2026
RESPONSE regarding Order to Show Cause,, 4 by Attorney Grant K. Dugdale on behalf of Respondent Warden, McCook Detention Center.(Dugdale, Grant) (Entered: 07/28/2026)
Main Document: Response
#6
Jul 29, 2026
Response
Main Document: Response
#7
Jul 29, 2026
Index
Main Document: Index
#8
Jul 29, 2026
Declaration
Main Document: Declaration
#9
Jul 29, 2026
Certificate
Main Document: Certificate

Parties

Oporta
Party
Warden, McCook Detention Center
Party