District of Nebraska • 8:26-cv-00569
Franco v. Warden, Lincoln County Detention Center
Completed
Case Information
Filed: September 24, 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
Completed: October 23, 2026
Last Activity:
October 30, 2026
Parties:
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Docket Entries
#1
Sep 24, 2026
PETITION for Writ of Habeas Corpus filed by Petitioner Jefferson Caro Franco. (MKR) (Entered: 09/25/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 24, 2026
EMERGENCY MOTION for Immediate Release or, in the alternative, an expedited individualized custody/bond hearing on behalf of Petitioner Jefferson Caro Franco. (MKR) (Entered: 09/25/2026)
Main Document:
Miscellaneous Relief
#3
Sep 24, 2026
NOTICE regarding duplicate submission of Petition for Writ of Habeas Corpus on behalf of Petitioner Jefferson Caro Franco. (MKR) (Entered: 09/25/2026)
Main Document:
Notice (Other)
#4
Sep 25, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (MKR) (Entered: 09/25/2026)
Main Document:
Notice by Clerk (Pro Se Case)
#5
Sep 28, 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 pet ition. The respondents shall, on or before October 2, 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 i nclude the steps set forth within the order. The petitioner may reply in support of the petition on or before October 9, 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. (MKR)
#6
Sep 30, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#7
Sep 30, 2026
Response
Main Document:
Response
#8
Oct 01, 2026
MEMORANDUM AND ORDER - Petitioner is directed to submit the $5.00 fee to the Clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action may result in dismissal of this matter without furthe r notice. The Clerk of the Court is directed to send to Petitioner the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The Clerk of the Court is directed to set a pro se case management deadline in this matter with the following text: November 2, 2026: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. Copy mailed to pro se party with form. (RMR)
#9
Oct 02, 2026
Response
Main Document:
Response
#10
Oct 02, 2026
Index
Main Document:
Index
#11
Oct 02, 2026
Declaration
Main Document:
Declaration
#12
Oct 02, 2026
Certificate
Main Document:
Certificate
#13
Oct 08, 2026
Returned Mail
Main Document:
Returned Mail
#14
Oct 15, 2026
ORDER - On or before October 22, 2026, Respondents shall provide a status update on how they have responded or intend to proceed in light of Petitioner's withdrawal of his request for voluntary departure. Respondents may also submit legal arg ument regarding the Courts authority to order relief in light of these new factual developments. Respondents need not submit additional legal argument that merely repeats the arguments made in their first responsive brief. If Respondents submit add itional legal argument, Petitioner may reply on or before November 2, 2026. Otherwise, the Court will deem the matter submitted upon receipt of Respondent's status update. The Court's order prohibiting Petitioner's removal from the district or the country remains in effect. Ordered by Senior Judge Joseph F. Bataillon. Copy mailed to pro se party. (MKR)
#15
Oct 22, 2026
STATUS REPORT by Attorney John M. Ward on behalf of Respondents Acting Director, U.S. Immigration and Customs Enforcement, ICE Omaha Field Office Director, Secretary, U.S. Department of Homeland Security.(Ward, John) (Entered: 10/22/2026)
Main Document:
Status Report
#16
Oct 22, 2026
INDEX in support of Status Report 15 by Attorney John M. Ward on behalf of Respondents Acting Director, U.S. Immigration and Customs Enforcement, ICE Omaha Field Office Director, Secretary, U.S. Department of Homeland Security.(Ward, John) (Entered: 10/22/2026)
Main Document:
Index
#17
Oct 22, 2026
DECLARATION regarding Status Report 15 by Attorney John M. Ward on behalf of Respondents Acting Director, U.S. Immigration and Customs Enforcement, ICE Omaha Field Office Director, Secretary, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A. - Form I-830 NOTICE TO EOIR: ALIEN ADDRESS)(Ward, John) (Entered: 10/22/2026)
Main Document:
Declaration
#18
Oct 23, 2026
MEMORANDUM AND ORDER - Petitioners Petition for Writ of Habeas Corpus, Filing No. 1, is granted.2.Petitioner's Emergency Motion for Immediate Release, Filing No. 2 , is granted to the extent set forth herein. Respondents shall release Petitione r from custody as soon as practicable, no later than 48 hours from the filing of this Order on his own recognizance as previously ordered and without additional conditions. Respondents must release Petitioner with all personal effects including i dentification documents and immigration documents, and without conditions such as location tracking devices. Should Respondents seek to re-detain Petitioner, they must afford him a prompt bond determination hearing as described herein. Respondents shall provide the Court with a status update concerning Petitioner's release by no later than 5:00 P.M. on November 3, 2026. Ordered by Senior Judge Joseph F. Bataillon. Copy mailed to pro se party. (MKR)
#19
Oct 23, 2026
JUDGMENT - PRO SE - In accordance with the accompanying memorandum and order 18 entered on today's date, judgment is hereby entered in favor of Petitioner. (Attachments: # 1 Notice - Civil Appeals in Pro Se Cases) Ordered by Senior Judge Joseph F. Bataillon. Copy mailed to pro se party. (MKR) (Entered: 10/23/2026)
Main Document:
Judgment - Pro Se
#20
Oct 26, 2026
Status Report
Main Document:
Status Report
#21
Oct 26, 2026
Returned Mail
Main Document:
Returned Mail
#22
Oct 26, 2026
Returned Mail
Main Document:
Returned Mail
#23
Oct 27, 2026
Returned Mail
Main Document:
Returned Mail
#24
Oct 30, 2026
Returned Mail
Main Document:
Returned Mail
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