District of Nebraska • 8:26-cv-00467

Aguilar Salinas v. Warden of McCook Detention Center

Active

Case Information

Filed: August 25, 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: September 10, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 25, 2026
PETITION for Writ of Habeas Corpus, receipt number 8075890 in the amount of $ 5, on behalf of pro se petitioner Jose Alfredo Aguilar Salinas. (RMR) (Entered: 08/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 25, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (RMR) (Entered: 08/25/2026)
Main Document: Notice by Clerk (Pro Se Case)
#3
Aug 25, 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 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: 08/25/2026)
#4
Aug 25, 2026
ORDER TO SHOW CAUSE - The respondents shall, on or before August 28, 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 petition er may reply in support of the petition on or before September 4, 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)
Main Document: Order to Show Cause
Aug 25, 2026
Order
#5
Aug 26, 2026
Response
Main Document: Response
#6
Aug 28, 2026
Response
Main Document: Response
#7
Aug 28, 2026
Index
Main Document: Index
#8
Aug 28, 2026
Declaration
Main Document: Declaration
#9
Aug 28, 2026
Certificate
Main Document: Certificate
#10
Aug 28, 2026
MEMORANDUM AND ORDER - The Petition for Writ of Habeas Corpus (filing 1 ) is conditionally granted. The government shall provide the petitioner with a constitutionally sufficient detention hearing on or before September 11, 2026. If th e government does not provide the petitioner with a detention hearing as required, the petitioner must be immediately released from detention. If an immigration judge determines the petitioner should be released on bond, or if the petitioner is relea sed because a detention hearing was not held, the government shall return the petitioner to Cedar Rapids, Iowa or provide him with the means to return there. On or before September 14, 2026, the government shall provide the Court with a status update regarding the bond hearing or, if no bond hearing was held, advise the Court regarding the petitioner's release. Ordered by Senior Judge John M. Gerrard. Copy mailed to pro se party. (RMR)
Main Document: Memorandum and Order
#11
Aug 28, 2026
Judgment - Pro Se
Main Document: Judgment - Pro Se
#12
Sep 10, 2026
Status Report
Main Document: Status Report