District of Nebraska • 8:26-cv-00634
Garcia v. Warden, McCook Detention Center
Active
Case Information
Filed: October 19, 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 06, 2026
Parties:
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Docket Entries
#1
Oct 19, 2026
PETITION for Writ of Habeas Corpus filed on behalf of pro se petitioner Alexis Morales Garcia. (LKO) (Entered: 10/19/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 19, 2026
NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) (Entered: 10/19/2026)
Main Document:
Notice by Clerk (Pro Se Case)
#3
Oct 20, 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 further 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 19, 2026: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party.) (LKO) (Entered: 10/20/2026)
#4
Oct 21, 2026
ORDER TO SHOW CAUSE - The Clerk of the Court shall, before docketing this Order, add Assistant U.S. Attorney Christopher L. Ferretti for the federal Respondents solely for the purpose of providing notice and so that the U.S. Attorney's Office ma y assign counsel of record and shall, after doing so, regenerate the filing for the petition. The respondents shall, on or before October 30, 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 include: a. Such affidavits and exhibits as are necessary to establish the lawfulness of the petitioner's detention in light of the issues raised in the peti tion; b. A reasoned memorandum of law and fact explaining the respondents' legal position on the petitioner's claims; c. The government's position on whether an evidentiary hearing should be conducted; d. Whether petitioner was arreste d pursuant to a warrant and, if so, a copy of that warrant; and e. Copies of all documents referenced in Respondents' responsive brief or in a supporting declaration of a deportation officer, except that Respondents need not produce criminal cas e records not in their possession. For matters on appeal to the Board of Immigration Appeals, Respondents shall produce only the notice of appeal and any ruling from the BIA addressing the merits of the appeal. The petitioner may reply in support of the petition on or before November 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. (Copy mailed to pro se party) (LKO)
#5
Oct 30, 2026
Response
Main Document:
Response
#6
Oct 30, 2026
Index
Main Document:
Index
#7
Oct 30, 2026
Declaration
Main Document:
Declaration
#8
Oct 30, 2026
Certificate
Main Document:
Certificate
#9
Nov 06, 2026
Proceed In Forma Pauperis
Main Document:
Proceed In Forma Pauperis
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