District of Nebraska • 8:26-cv-00426

Santacruz-Diaz v. Warden of McCook Detention Center

Completed

Case Information

Filed: August 12, 2026
Assigned to: Brian Craig Buescher
Referred to: Jacqueline M. Deluca
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:1651 Petition for Writ of Habeas Corpus
Completed: October 02, 2026
Last Activity: October 02, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 12, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5, receipt number ANEDC-5620399), by Attorney Joshua W. Weir on behalf of Javier Santacruz-Diaz (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weir, Joshua) (Entered: 08/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 12, 2026
TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Brian C. Buescher 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: 08/12/2026)
Aug 12, 2026
Assignment of Judges
#3
Aug 14, 2026
ORDER TO SHOW CAUSE - IT IS ORDERED that Petitioner Santacruz-Diaz shall serve his Petition and a copy of this Order to Show Cause on Respondents without delay and shall file proof of such service with the Court within twenty-four hours of effecting such service. Respondents shall make a return certifying the true cause of Santacruz-Diaz's detention and why his Petition should not be granted not later than three business days after receiving Santacruz-Diaz's Petition and this Order to Show Cause. Petitioner Santacruz-Diaz shall have three business days after Respondents file their return(s) to file any reply. Upon the filing of Respondents' return(s) and Santacruz-Diaz's reply, the Court will determine whether or not to set a hearing on this matter prior to disposition. Ordered by Chief Judge Brian C. Buescher. (TCL) (Entered: 08/14/2026)
Main Document: Order to Show Cause
#4
Aug 14, 2026
Summons Requested as to regarding Petition for Writ of Habeas Corpus 1 . (Weir, Joshua) (Entered: 08/14/2026)
Main Document: Summons Requested
#5
Aug 14, 2026
Summons Issued as to defendant Warden of McCook Detention Center. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (GR) (Entered: 08/14/2026)
Main Document: Summons Issued
#6
Aug 14, 2026
Summons Requested as to regarding Petition for Writ of Habeas Corpus 1 . (Weir, Joshua) (Entered: 08/14/2026)
Main Document: Summons Requested
#7
Aug 14, 2026
Summons Issued as to defendants Todd Blanche, Allen Gill, Todd M. Lyons, and Markwayne Mullin. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (GR) (Entered: 08/14/2026)
Main Document: Summons Issued
#8
Aug 24, 2026
NOTICE of Appearance of Counsel by Attorney Grant K. Dugdale on behalf of Respondent Warden of McCook Detention Center (Dugdale, Grant) (Entered: 08/24/2026)
Main Document: Notice of Appearance
#9
Aug 24, 2026
RESPONSE regarding Order to Show Cause,,, 3 by Attorney Grant K. Dugdale on behalf of Respondent Warden of McCook Detention Center.(Dugdale, Grant) (Entered: 08/24/2026)
Main Document: Response
#10
Aug 24, 2026
SUMMONS Returned Executed upon defendant Warden of McCook Detention Center on 8/19/2026. (Weir, Joshua) (Entered: 08/24/2026)
Main Document: Summons Returned Executed
#11
Sep 03, 2026
SUMMONS Returned Executed upon defendant Todd M. Lyons on 8/25/2026. (TCL) (Entered: 09/04/2026)
Main Document: Summons Returned Executed as to USA
#12
Sep 03, 2026
SUMMONS Returned Executed upon defendant Todd Blanche on 8/25/2026. (TCL) (Entered: 09/04/2026)
Main Document: Summons Returned Executed as to USA
#13
Sep 22, 2026
SUMMONS Returned Executed upon defendant Markwayne Mullin on 9/15/2026. (Weir, Joshua) (Entered: 09/22/2026)
Main Document: Summons Returned Executed
#14
Sep 30, 2026
TEXT ORDER: Pursuant to the Order to Show Cause 3, Respondents had three business days after receiving the Petition and Order to Show Cause to file their Returns. The State Respondent filed a Return 9 on August 24, 2026. No counsel has appeared for Federal Respondents and they have filed no Return. The Federal Respondents shall have to and including October 7, 2026, to file a Return. Petitioner shall have to and including October 12, 2026, to file any Reply.Ordered by Chief District Judge Brian C. Buescher. (TJM) (Entered: 09/30/2026)
Sep 30, 2026
Order - Text Only
#15
Oct 01, 2026
UNOPPOSED MOTION to Dismiss by Attorney Joshua W. Weir on behalf of Petitioner Javier Santacruz-Diaz.(Weir, Joshua) (Entered: 10/01/2026)
Main Document: Dismiss
#16
Oct 02, 2026
ORDER ON PETITIONERS MOTION FOR LEAVE TO DISMISS - IT IS ORDERED that Petitioner's Motion for Leave to Dismiss, Filing 15, is granted, and this action is dismissed as moot. The Clerk of Court shall close the case. Ordered by Chief District Judge Brian C. Buescher. (TCL) (Entered: 10/02/2026)
Main Document: Order on Motion to Dismiss

Parties

Santacruz-Diaz
Party
Warden of McCook Detention Center
Party