District of Montana • 4:26-cv-00317

#1

Oct 15, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Chantel Nnebo. (KAH) (Additional attachment(s) added on 10/15/2026: # 1 Civil Cover Sheet) (KAH). (Entered: 10/15/2026)

#2

Oct 15, 2026

MOTION for Order to Show Cause. Molly E. Danahy, Andres Haladay, Rylee K. Sommers-Flanagan appearing for Plaintiff Chantel Nnebo. (Attachments: # 1 Proposed Order) (KAH) (Entered: 10/15/2026)

#3

Oct 15, 2026

The Court ORDERS: 1. The Clerk is directed to effectuate immediate service, if service has not already been accomplished, of the habeas petition filed in this case upon Respondents. 2. The Clerk of Court is directed to add the United States Attorneys Office for the District of Montana to the docket as an Interested Party. 3. The Clerk of Court is directed to Mail a copy of the Petition (ECF No. 1) and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to Zachary Crosson, Chief Patrol Agent of the Havre Sector, U.S. Customs and Board Patrol, 2605 5th Ave. SE, Havre, MT 59501. 4. Respondents shall file a notice of appearance within three days of the date of this Order by October 20, 2026. 5. Respondents shall file a response to the habeas petition no later than October 22, 2026. Any arguments that the petition should be dismissed shall be made in the response and not by separate motion. 6. Any reply by Petitioner shall be filed no later than September 23, 2026. 7. Respondents shall not transfer Petitioner out of the District of Montana or remove her from the United States. If either party seeks an expedited or enlarged briefing schedule, counsel for that party shall contact opposing counsel promptly to meet and confer. The parties shall then file a joint expedited motion, noted for the same day it is filed, that contains either an agreed briefing schedule or the parties competing proposals for a briefing schedule. Signed by Judge Brian Morris on 10/15/2026. (KAH) (Entered: 10/15/2026)

#4

Oct 15, 2026

NOTICE of Appearance (paperless filing) by Jordan Walter FitzGerald on behalf of All Defendants. (FitzGerald, Jordan) (Entered: 10/15/2026)

Oct 15, 2026

Notice of Appearance (paperless filing)

Oct 15, 2026

Filing Fee Received

Oct 15, 2026

Filing fee: $ 5, receipt number AMTDC-377200. (KAH)

#5

Oct 19, 2026

AMENDED ORDER as to 3 Order on Motion for Miscellaneous Relief, 1 Petition for Writ of Habeas Corpus. Signed by Judge Brian Morris on 10/19/2026. **SEE ORDER FOR FULL DETAILS** (ACC) (Entered: 10/19/2026)

#6

Oct 19, 2026

NOTICE of Appearance (paperless filing) by Babak A Rastgoufard on behalf of Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Rastgoufard, Babak) (Entered: 10/19/2026)

Oct 19, 2026

Notice of Appearance (paperless filing)

#7

Oct 20, 2026

Unopposed MOTION for Protective Order Privacy Act Order. Jordan Walter FitzGerald appearing for Defendants Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Attachments: # 1 Text of Proposed Order) (FitzGerald, Jordan) (Entered: 10/20/2026)

#8

Oct 20, 2026

Unopposed MOTION for Leave to File Under Seal Exhibit 1 to Petition Response. Jordan Walter FitzGerald appearing for Defendants Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (Attachments: # 1 Text of Proposed Order) (FitzGerald, Jordan) (Entered: 10/20/2026)

#9

Oct 20, 2026

Sealed Document re: 8 Unopposed MOTION for Leave to File Under Seal Exhibit 1 to Petition Response filed by Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella A-File. (FitzGerald, Jordan) Modified on 10/20/2026 to remove "lodged", 10 grants sealing. (ACC). (Entered: 10/20/2026)

#10

Oct 20, 2026

ORDER granting 8 Motion to File Under Seal. Respondents may file their response brief exhibit under seal. Signed by Judge Brian Morris on 10/20/2026. (ACC) (Entered: 10/20/2026)

#11

Oct 22, 2026

RESPONSE as to re: 1 Petition for Writ of Habeas Corpus filed by Defendants Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, David Venturella. (FitzGerald, Jordan) (Entered: 10/22/2026)

#12

Oct 22, 2026

Unopposed MOTION for Leave to File Under Seal . Andres Haladay appearing for Plaintiff Chantel Nnebo. (Attachments: # 1 Text of Proposed Order Proposed Order to File Under Seal) (Haladay, Andres) (Entered: 10/22/2026)

#13

Oct 22, 2026

Sealed Document re: 12 Unopposed MOTION for Leave to File Under Seal filed by Chantel Nnebo . (Haladay, Andres) Modified on 10/22/2026 to remove "lodged"; 14 Order grants sealing(ACC). (Entered: 10/22/2026)

#14

Oct 22, 2026

ORDER granting 12 Motion to File Under Seal. The Petitioners may file the supplemental records under seal. Signed by Judge Brian Morris on 10/22/2026. (ACC) (Entered: 10/22/2026)

#15

Oct 22, 2026

REPLY to Response to Motion re 2 MOTION filed by Chantel Nnebo. (Attachments: # 1 Decl. of Chelsey Nnebo, # 2 Decl. of Chantel Nnebo) (Danahy, Molly) (Entered: 10/22/2026)

#16

Oct 26, 2026

Order on Motion for Protective Order

#17

Oct 29, 2026

Expedite

#18

Oct 30, 2026

ORDER: IT IS SO ORDERED. Nnebos Petition (Doc. 1 ) is GRANTED. The Court orders the Government to release Nnebo from custody within 24 hours of this Order, under appropriate conditions of release, and to facilitate his transportation from the deten tion facility by notifying his counsel when and where he can be collected. IT IS FURTHER ORDERED that the Government must return Nnebos personal property, including any personal identification and employment authorization documents, upon her release . IT IS FURTHER ORDERED that the Government is PERMANENTLY ENJOINED from detaining Nnebo pursuant to 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED that the Government may not re-detain Petitioner pursuant to 8 U.S.C. § 1226(a) during the pendency of her current removal proceedings until after an immigration court hearing is held, with adequate notice, to determine whether detention is appropriate under 8 U.S.C. § 1226(a) and its implementing regulations. At this hearing, the Go vernment must bear the burden of establishing that detention is appropriate by clear and convincing evidence. If Petitioner becomes subject to a final order of removal and Petitioner receives notice of such order, the Government may detain Petitione r for the sole and limited purpose of executing removal pursuant to 8 U.S.C. § 1231(a)(2)(A). In such an event, Respondents SHALL provide a bond hearing in the timeframe required by law. The Court orders the Government to certify compliance with this Order by filing on the docket. The Court retains jurisdiction to enforce its order and judgment. Nnebo may move to reopen this case to enforce the judgment without filing a separate case. Signed by Judge Brian Morris on 10/30/2026. (KAH)

#19

Nov 02, 2026

Notice (Other) - SDM