Active
Case Information
Filed: September 15, 2026
Assigned to:
Nancy Ellen Brasel
Referred to:
John F. Docherty
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
October 09, 2026
Parties:
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Docket Entries
#1
Sep 15, 2026
Emergency PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-13271520) filed by Josue Isaias Merino Penado. No summons requested. (Attachments: # 1 Civil Cover Sheet) (Santamaria El Bayoumi, Katherine) (Entered: 09/15/2026)
#2
Sep 15, 2026
EXHIBIT List re 1 Petition for Writ of Habeas Corpus, filed by Josue Isaias Merino Penado. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H)(Santamaria El Bayoumi, Katherine) (Entered: 09/15/2026)
Main Document:
EXHIBIT
#3
Sep 16, 2026
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Jeffrey M. Bryan per Civil (3rd, 4th - Prisoner: Alien Detainee Habeas) list, referred to Magistrate Judge Elsa M. Bullard. Please use case number 26-cv-4016 (JMB/EMB).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (ABR) (Entered: 09/16/2026)
#4
Sep 16, 2026
(Text-Only) ORDER: Respondents are ordered to file a response to each count of the Petition for Writ of Habeas Corpus 1 on or before September 18, 2026, at 11:00 a.m. CT, certifying the true cause and proper duration of Petitioner's detention and showing cause as to why the writ should not be granted in this case. The response shall include a reasoned memorandum of law and fact as well as any supporting documentation relating to the lawfulness of Petitioner's arrest and/or continued confinement, including the following: (1) a statement concerning immigration court jurisdiction over Petitioner; (2) a statement concerning whether Petitioner is, or may be, a class member of any pending or certified immigration class action suit; (3) a statement concerning whether the absence of a warrant preceding Petitioner's arrest necessitates Petitioner's immediate release; and (4) any and all prior orders of release or supervision that have ever been issued to Petitioner. Ordered by Judge Jeffrey M. Bryan on 9/16/2026. (CRD) (Entered: 09/16/2026)
#5
Sep 16, 2026
(Text-Only) ORDER: The Court enters the following order to remain in place until further order of the Court or until the Court has issued a ruling on the pending Petition: (1) Respondents are prohibited from moving the Petitioner out of the District of Minnesota; (2) Respondents shall facilitate Petitioner's prompt access to counsel through private, in-person visitation or videoconference if possible (and through private telephone calls if video conferencing is not possible), to include providing Petitioner with contact information for counsel of record, permitting Petitioner to contact friends or relatives for the purpose of obtaining contact information for counsel, and the use of video conferencing equipment and software (or the use of a telephone if video conferencing is not possible); (3) Respondents shall preserve all personal belongings confiscated from Petitioner for prompt return to Petitioner upon release should the Court grant the Petition; (4) If any confiscated documentation is subject to retention by Respondents upon release, Respondents shall make certified copies of any and all such documentation; and (5) Should Respondents choose to release Petitioner rather than respond, Respondents shall release Petitioner in Minnesota, without conditions, and Respondents' counsel shall thereafter file a declaration within 24 hours of release stating when and where the Petitioner was released, attaching any and all documentation concerning the Petitioner's release, and affirming with supporting documentation that all property of Petitioner was returned to Petitioner upon release (or, if property is retained, state which property is retained, the legal basis for its retention, and affirm that Respondents duly provided Petitioner with certified copies of any and all immigration-related documentation). Respondents must submit each of the following three forms to affirm return of Petitioner's property: I-77, I-216, and G-589. If Petitioner's property is lost, Respondents must also submit form I-387, Report of Detainee's Missing Property. If Respondents cannot provide one or more of these forms, Respondents must address why they are unable to do so. In the event that Respondents have already transferred Petitioner out of the District of Minnesota, Respondents are ordered to return Petitioner to Minnesota as soon as possible and in any event, no later than September 18, 2026, at 11:00 a.m. CT. In addition, if Respondents have already transferred Petitioner out of the District of Minnesota, counsel for Respondents shall file a declaration on or before September 18, 2026 at 11:00 a.m. CT explaining the steps counsel has taken to ensure compliance with this Court's order that Respondents immediately return Petitioner to Minnesota. Violation of this order will result in consideration of any appropriate sanctions against the attorneys of record and the parties responsible for violating this order. Ordered by Judge Jeffrey M. Bryan on 9/16/2026. (CRD) (Entered: 09/16/2026)
#6
Sep 16, 2026
NOTICE of Appearance by Carl Berry on behalf of Todd Blanche, David Easterwood, Markwayne Mullin, David J Venturella. (Berry, Carl) (Entered: 09/16/2026)
Main Document:
NOTICE
#7
Sep 16, 2026
EXHIBIT List re 2 Exhibit/Exhibit List, filed by Josue Isaias Merino Penado. (Attachments: # 1 Exhibit(s))(Santamaria El Bayoumi, Katherine) (Entered: 09/16/2026)
Main Document:
EXHIBIT
Sep 16, 2026
Briefing Order
Sep 16, 2026
Order/Notice to Attorney
#8
Sep 17, 2026
NOTICE by Todd Blanche, David Easterwood, Markwayne Mullin, David J Venturella (Berry, Carl) (Entered: 09/17/2026)
Main Document:
NOTICE
#9
Sep 17, 2026
EXHIBIT Ex. A re 8 Notice (Other) filed by Todd Blanche, David Easterwood, Markwayne Mullin, David J Venturella. (Attachments: # 1 Ex. B)(Berry, Carl) (Entered: 09/17/2026)
Main Document:
EXHIBIT
#10
Sep 18, 2026
MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus, 4 Briefing Order,,,, filed by Todd Blanche, David Easterwood, Markwayne Mullin, David J Venturella. (Berry, Carl) (Entered: 09/18/2026)
Main Document:
MOTION
#11
Sep 18, 2026
PROPOSED ORDER TO JUDGE re 10 MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus, 4 Briefing Order,,,, filed by Todd Blanche, David Easterwood, Markwayne Mullin, David J Venturella.(Berry, Carl) (Entered: 09/18/2026)
Main Document:
PROPOSED
#12
Sep 18, 2026
RESPONSE to Petition for Writ of Habeas Corpus filed by Todd Blanche, David Easterwood, Markwayne Mullin, David J Venturella. (Attachments: # 1 Ex A) (Berry, Carl) (Entered: 09/18/2026)
#13
Sep 18, 2026
DECLARATION of DEPORTATION OFFICER XIONG LEE re 12 Response to Habeas Petition by Todd Blanche, David Easterwood, Markwayne Mullin, David J Venturella . (Attachments: # 1 Ex A REDACTED, # 2 Ex B, # 3 Ex C, # 4 Ex D)(Berry, Carl) (Entered: 09/18/2026)
Main Document:
DECLARATION
#14
Sep 18, 2026
SEALED EXHIBIT Ex A re 13 Declaration, by FEDERAL RESPONDENTS. (Berry, Carl) (Entered: 09/18/2026)
Main Document:
SEALED
#15
Sep 21, 2026
ORDER OF REASSIGNMENT OF RELATED CASES. Case reassigned to Judge Nancy E. Brasel and Magistrate Judge John F. Docherty for all further proceedings. Judge Jeffrey M. Bryan, Magistrate Judge Elsa M. Bullard no longer assigned to case. NOTE: the new case number is 26-cv-4016 NEB/JFD. Please use this case number for all subsequent pleadings. Signed by Judge Nancy E. Brasel and Judge Jeffrey M. Bryan on 09/18/2026.(LTT) (Entered: 09/21/2026)
Main Document:
Order Reassigning Case
#16
Sep 21, 2026
(Text-Only) ORDER. Petitioner may file a reply brief to Respondents' response on or before 9/23/26. If Petitioner elects not to file a reply brief, a notice should be filed on the record indicating no reply brief will be filed. Ordered by Judge Nancy E. Brasel on 9/21/2026. (KMW) (Entered: 09/21/2026)
#17
Sep 21, 2026
Redacted Document for 14 SEALED EX A . (Berry, Carl) (Entered: 09/21/2026)
Main Document:
Redacted
Sep 21, 2026
Order/Notice to Attorney
#18
Sep 23, 2026
REPLY re 16 Order/Notice to Attorney, filed by Josue Isaias Merino Penado.(Santamaria El Bayoumi, Katherine) (Entered: 09/23/2026)
#19
Oct 09, 2026
ORDER ON PETITION FOR WRIT OF HABEAS CORPUS. Based on the foregoing and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT Petitioner Josue Isaias M.P.'s Petition for Writ of Habeas Corpus (ECF No. 1 ) is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Nancy E. Brasel on 10/9/2026. (KMW) (Entered: 10/09/2026)
#20
Oct 09, 2026
JUDGMENT (Attachments: # 1 Civil Notice - appeal)(ACH) (Entered: 10/09/2026)
Main Document:
Judgment (Clerk's Office Only)
Parties
Easterwood
Party
Merino Penado
Party