District of Nebraska • 8:26-cv-00546

Chavez v. Warden

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Case Information

Filed: September 17, 2026
Assigned to: Joseph F. Bataillon
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: November 04, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 17, 2026
PETITION for Writ of Habeas Corpus filed by pro se petitioner Ernesto Haro Chavez. (TCL) (Entered: 09/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 17, 2026
MOTION for Leave to Proceed in forma pauperis on behalf of Petitioner Ernesto Haro Chavez.(TCL) (Entered: 09/17/2026)
Main Document: Proceed In Forma Pauperis
#3
Sep 17, 2026
Emergency Motion for Temporary Restraining Order and Expedited Order to Show Cause on behalf of Petitioner Ernesto Haro Chavez. (TCL) (Entered: 09/17/2026)
Main Document: Temporary Restraining Order
#4
Sep 17, 2026
MOTION for Appointment of Counsel on behalf of Petitioner Ernesto Haro Chavez. (TCL) (Entered: 09/17/2026)
Main Document: Appoint Counsel
#5
Sep 17, 2026
DECLARATION on behalf of Petitioner Ernesto Haro Chavez.(TCL) (Entered: 09/17/2026)
Main Document: Declaration
#6
Sep 17, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (TCL) (Entered: 09/17/2026)
Main Document: Notice by Clerk (Pro Se Case)
#7
Sep 17, 2026
LETTER by Clerk requesting plaintiff's trust account statement from institution. Letter sent to Nebraska Department of Correctional Services. (TCL) (Entered: 09/17/2026)
Main Document: Letter by Clerk Requesting Trust Account Statement
#8
Sep 17, 2026
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Leave to Proceed in Forma Pauperis, Filing No. 2 , is granted. The next step in this case is for the Court to conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of the Rules Governing Section 2254 cases. The Court will conduct this review in its normal course of business. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party). (TCL)
Main Document: Order on Motion for Leave to Proceed In Forma Pauperis
#9
Sep 17, 2026
ORDER TO SHOW CAUSE - IT IS ORDERED: The Clerk of the Court shall, before docketing this order, add Todd W. Blanche, U.S. Attorney General; Markwayne Mullin, Secretary of Homeland Security; and David J. Venturella, Senior Official Performing the Duti es of the Director of U.S. Immigration & Customs Enforcement per Petitioner's Complaint. The Clerk shall then add Assistant U.S. Attorney Christopher L. Ferretti and Assistant U.S. Attorney Eric W. Synowicki as counsel for the federal Respondent s and shall, after doing so, regenerate the filing for the petition. The respondents shall, on or before September 23, 2026, make a return certifying the true cause and proper duration of the petitioner's detention and showing cause why the wri t should not be granted. The petitioner may reply in support of the petition on or before September 30, 2026. The respondents are enjoined from removing the petitioner from the United States and from the District of Nebraska until further order of th e Court. If the petitioner has already been removed from Nebraska, the respondents are ordered to immediately return the petitioner to Nebraska. Petitioner's Motion for Temporary Restraining Order, Filing No. 3 , is granted to the extent set forth herein. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party). (TCL)
Main Document: Order to Show Cause AND ~Util - Terminate Motion and R&R Deadlines/Hearings
#10
Sep 23, 2026
Dismiss
Main Document: Dismiss
#11
Sep 23, 2026
Index
Main Document: Index
#12
Sep 23, 2026
Declaration
Main Document: Declaration
#13
Sep 23, 2026
Brief
Main Document: Brief
#14
Sep 23, 2026
Certificate
Main Document: Certificate
#15
Sep 29, 2026
MOTION for Leave to File Response Out of Time by Attorney Grant K. Dugdale on behalf of Respondent McCook Detention Center Warden. (Attachments: # 1 Exhibit Response to Order to Show Cause)(Dugdale, Grant) (Entered: 09/29/2026)
Main Document: Leave
#16
Sep 30, 2026
Mail Returned as Undeliverable addressed to Ernesto Haro Chavez, A078-308-737, MCCOOK DETENTION CENTER, 2309 US-83 N, McCook, NE 69001 regarding Order to Show Cause 9 . Mail not resent, return to sender, not deliverable as addressed, unable to forward. (TCL) (Entered: 09/30/2026)
Main Document: Returned Mail
#17
Oct 01, 2026
ORDER - IT IS ORDERED: The Court grants the Warden of the McCook Detention Facility leave to file an answer of out time, Filing No. 15 , and deems his response, Filing No. 15-1, to be filed. The Warden of the McCook Detention Facility shall file a supplemental response on or before October 13, 2026, stating: a. Whether Petitioner Ernesto Haro Chavez is presently or has ever been in his custody at the McCook Detention Facility; b. If Petitioner Ernesto Haro Chavez is presently or has ever been in his custody at the McCook Detention Facility, the exact dates of the commencement and termination of his custody. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party). (TCL)
Main Document: Order on Motion for Leave
#18
Oct 13, 2026
Supplement
Main Document: Supplement
#19
Oct 15, 2026
MEMORANDUM AND ORDER - IT IS ORDERED: Respondents' Motion to Dismiss or Alternatively to Transfer, Filing No. 10 , is granted in part and denied in part. The Court lacks jurisdiction over Petitioner's habeas petition. However, in the inter est of justice, the Court will transfer the matter to the District of Colorado. The Clerk of the Court is directed to take all necessary steps to transfer this matter to the United States District Court for the District of Colorado. Because this case is being transferred, the Court will leave resolution of Petitioner's motion for appointment of counsel, Filing No. 4 , to the receiving court. The Clerk of the Court shall immediately close and terminate this case in the District of Nebraska. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party). (TCL)
Main Document: Order on Motion to Appoint Counsel AND Order on Motion to Dismiss
Oct 15, 2026
Case Transferred Out - District
#20
Nov 04, 2026
Returned Mail
Main Document: Returned Mail