District of Nebraska • 4:26-cv-03238

#1

Aug 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5, receipt number ANEDC-5616462), by Attorney Alexander D. Smith on behalf of John Gach (Attachments: # 1 Exhibit, # 2 Exhibit)(Smith, Alexander) (Entered: 08/06/2026)

#2

Aug 06, 2026

TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Jacqueline M. DeLuca assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (GR) (Entered: 08/06/2026)

Aug 06, 2026

Assignment of Judges

#3

Aug 07, 2026

ORDER TO SHOW CAUSE The Clerk of the Court shall add Assistant U.S. Attorney Christopher L. Ferretti and Assistant U.S. Attorney Eric W. Synowicki as counsel for the federal Respondents and shall, after doing so, regenerate the filing for the petition. The respondents shall, on or before August 12, 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 respondents' answer must include:a. Such affidavits and exhibits as are necessary to establish the lawfulness of the petitioner's detention in light of the issues raised in the petition;b. A reasoned memorandum of law and fact explaining the respondents' legal position on the petitioner's claims;c. The government's position on whether an evidentiary hearing should be conducted;d. Whether petitioner was arrested pursuant to a warrant and, if so, a copy of that warrant; ande. Copies of any and all documents referenced in Respondents' responsive brief or in a supporting declaration of a deportation officer. The petitioner may reply in support of the petition on or before August 19, 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 Joseph F. Bataillon. (LRM) (Entered: 08/07/2026)

#4

Aug 12, 2026

RESPONSE regarding Petition for Writ of Habeas Corpus 1 by Attorney Timothy R. Hook on behalf of Defendants Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella.(Hook, Timothy) (Entered: 08/12/2026)

#5

Aug 12, 2026

INDEX in support of Response 4 by Attorney Timothy R. Hook on behalf of Defendants Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella.(Hook, Timothy) (Entered: 08/12/2026)

#6

Aug 12, 2026

DECLARATION regarding Response 4 by Attorney Timothy R. Hook on behalf of Defendants Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Notice to Appear, Form I-862, dated May 6, 2004, # 2 Exhibit Warrant for Arrest of Alien, Form I-200, dated May 6, 2004, # 3 Exhibit Warrant for Arrest of Alien, Form I-200, dated October 27, 2005, # 4 Exhibit Superseding Notice to Appear, Form I-862, dated October 31, 2005, # 5 Exhibit April 25, 2006 Immigration Judge Order of Removal and Withholding, # 6 Exhibit Order of Supervision, Form I-220B, # 7 Exhibit Notice of Revocation of Release, Form 71-091, # 8 Exhibit Warrant for Arrest of Alien, Form I-200, dated July 15, 2026, # 9 Exhibit Notice of Removal to South Sudan, # 10 Exhibit Information About Credible Fear Interview, Form M-444, # 11 Exhibit DHS Guidance, Third Country Removals, dated March 30, 2025)(Hook, Timothy) (Entered: 08/12/2026)

#7

Aug 19, 2026

REPLY regarding Response 4 by Attorney Alexander D. Smith on behalf of Petitioner John Gach.(Smith, Alexander) (Entered: 08/19/2026)

#8

Aug 20, 2026

MOTION for Leave to File Supplemental Evidence by Attorney Timothy R. Hook on behalf of Defendants Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella.(Hook, Timothy) (Entered: 08/20/2026)

#9

Aug 20, 2026

NOTICE of regarding MOTION for Leave to File Supplemental Evidence 8 Non-Opposition and Correction of Record by Attorney Alexander D. Smith on behalf of Petitioner John Gach (Smith, Alexander) (Entered: 08/20/2026)

#10

Aug 20, 2026

TEXT ORDER granting Respondents' unopposed Motion for Leave to Supplement (Filing No. 8 ). Respondents shall file the supplemental declaration on or before August 24, 2026. Based on Petitioner's representation that no further briefing is necessary, Filing No. 9 at 1, the Court will thereafter deem the matter submitted. Ordered by Senior Judge Joseph F. Bataillon. (KLF) (Entered: 08/20/2026)

#11

Aug 20, 2026

INDEX in support of Response 4 (Supplemental) by Attorney Timothy R. Hook on behalf of Defendants Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella.(Hook, Timothy) (Entered: 08/20/2026)

#12

Aug 20, 2026

DECLARATION regarding Response 4 (Supplemental) by Attorney Timothy R. Hook on behalf of Defendants Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Third Country Screening Notice)(Hook, Timothy) (Entered: 08/20/2026)

Aug 20, 2026

Order on Motion for Leave

#13

Aug 25, 2026

NOTICE of Appearance by Attorney Ryan M. Kunhart on behalf of Defendant Jerome Kramer (Kunhart, Ryan) (Entered: 08/25/2026)

#14

Aug 26, 2026

RESPONSE regarding Order to Show Cause,,,,,, 3 by Attorney Ryan M. Kunhart on behalf of Defendant Jerome Kramer.(Kunhart, Ryan) (Entered: 08/26/2026)

#15

Aug 27, 2026

MEMORANDUM AND ORDER - Petitioner's Petition for Writ of Habeas Corpus, Filing No. 1, is granted in part as stated herein. Respondents shall release Petitioner from custody as soon as is practicable, no later than 48 hours from the date of this Order, on the same terms as the previous supervision order. Respondents must release Petitioner with all personal effects including identification documents and immigration documents. Respondents shall provide the Court with a status update concerning Petitioner's release by no later than 5:00 P.M. on September 2, 2026. Should Respondents seek to re-detain Petitioner pursuant to a new notice of revocation of supervision, they must comply with all pertinent regulatory provisions, including having an authorized officer make the decision to revoke and providing Petitioner the required review and interview. Respondents shall not re-detain Petitioner with the intent to prematurely deport him prior to an immigration judge reviewing the asylum officer's credible fear determination. Ordered by Senior Judge Joseph F. Bataillon. (KLF) (Entered: 08/27/2026)

#16

Aug 27, 2026

JUDGMENT - In accordance with the accompanying memorandum and order entered on today's date, judgment is hereby entered in Petitioner's favor. Ordered by Senior Judge Joseph F. Bataillon. (KLF) (Entered: 08/27/2026)

#17

Aug 28, 2026

STATUS REPORT by Attorney Timothy R. Hook on behalf of Defendants Todd Blanche, David Easterwood, Markwayne Mullin, David Venturella.(Hook, Timothy) (Entered: 08/28/2026)