District of South Carolina • 8:26-cv-04122

#1

Sep 18, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 Receipt number ASCDC-13400042.), filed by M.L.S..(rweb, ) Modified on 9/21/2026 to reference 5, 6 Additional Attachments, redacted Exhibits, filed by attorney filer 9/18/2026(sshe, ). (Entered: 09/18/2026)

#2

Sep 18, 2026

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by M.L.S. Response to Motion due by 10/2/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) (Attachments: # 1 Proposed Order)No proposed order.Motions referred to William S. Brown.(rweb, ) (Entered: 09/18/2026)

#4

Sep 18, 2026

MOTION to Seal Document by M.L.S.. Response to Motion due by 10/2/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A: Non-Confidential Index, # 3 Exhibit B: Attorney Certification, # 4 Exhibit C: Confidential Information to be Submitted to Court in Connection with Motion to Seal)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to William S. Brown.(Banias, Bradley) (Entered: 09/18/2026)

#5

Sep 18, 2026

Additional Attachments to Main Document 1 Petition for Writ of Habeas Corpus. First attachment description: Unsealed Ex. A - DHS Detainer . (Banias, Bradley) (Entered: 09/18/2026)

#6

Sep 18, 2026

Additional Attachments to Main Document 1 Petition for Writ of Habeas Corpus. First attachment description: Unsealed Ex. B - ORR Release Verification . (Banias, Bradley) (Entered: 09/18/2026)

#7

Sep 18, 2026

Sealed Document in re document 1 . (cper, ) (Entered: 09/18/2026)

#8

Sep 18, 2026

NOTICE of Appearance by Jennifer L Mallory on behalf of Todd Blanche, Enforcement and Removal Operations, Mark Wayne Mullin, U.S. Immigration & Customs Enforcement, David Venturella (Mallory, Jennifer) (Entered: 09/18/2026)

#9

Sep 18, 2026

ORDER granting 2 Motion for TRO. Terms are set forth in the Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/18/26.(cper, ) (Entered: 09/18/2026)

#10

Sep 18, 2026

NOTICE of Hearing on Motion: 2 MOTION for Temporary Restraining Order/ MOTION for Preliminary Injunction : Motion Hearing set for 9/28/2026 10:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. (cper, ) (Entered: 09/18/2026)

Sep 18, 2026

Notice of Hearing on Motion

#11

Sep 19, 2026

AMENDED ORDER granting 2 Motion for TRO. Terms are set forth in the Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/19/26. (cper, ) (Entered: 09/19/2026)

#12

Sep 19, 2026

TEXT ORDER: The referral of this matter to the magistrate judge is withdrawn. The Court will address all further matters in this case. AND IT IS SO ORDERED. Entered at the direction of Honorable Richard M Gergel on 9/19/26. (cper, ) (Entered: 09/19/2026)

#14

Sep 19, 2026

***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Honorable Richard M. Gergel. (cper, ) (Entered: 09/19/2026)

Sep 19, 2026

Transfer of Case Management

Sep 19, 2026

Order

#15

Sep 21, 2026

SEALED ORDER granting 4 MOTION to Seal Document filed by M.L.S. Signed by Honorable Richard M Gergel on 9/21/26. (cper, ) (Entered: 09/21/2026)

#16

Sep 21, 2026

***DOCUMENT E-MAILED 15 Sealed Order to counsel of record (cper, ) (Entered: 09/21/2026)

#17

Sep 21, 2026

MOTION to Appear Pro Hac Vice by Diana Marin ( Filing fee $ 350 receipt number ASCDC-13401671) by M.L.S.. Response to Motion due by 10/5/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: Certificate of Good Standing)No proposed order.(Banias, Bradley) Modified on 9/21/2026 per chambers(sshe, ). (Additional attachment(s) added on 9/22/2026: # 2 Motion for PHV) (sshe, ). Modified on 9/22/2026 to add document as provided by attorney filer (sshe, ). (Entered: 09/21/2026)

#18

Sep 21, 2026

MOTION to Seal (Unopposed) by Todd Blanche, Enforcement and Removal Operations, Markwayne Mullin, U.S. Immigration & Customs Enforcement, David Venturella. Response to Motion due by 10/5/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Mallory, Jennifer) (Main Document 18 replaced on 9/21/2026) (sshe, ). Modified on 9/21/2026 to replace with corrected document (typos) as requested and provided by attorney filing user (sshe, ). (Entered: 09/21/2026)

#19

Sep 21, 2026

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Todd Blanche, Enforcement and Removal Operations, Markwayne Mullin, U.S. Immigration & Customs Enforcement, David Venturella.Reply to Response to Motion due by 9/28/2026 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1, Greenville County Incident Report and Supplemental Reports regarding Incident Date May 7, 2025, # 2 Exhibit 2, Greenville County Incident Report and Supplemental Reports regarding Incident Date January 16, 2026, # 3 Exhibit 3, Greenville County Incident Report and Supplemental Reports regarding Incident Date February 2, 2026, # 4 Exhibit 4, Commitment Order DJJ (Determinate) Followed by Probation, issued by the Family Count for the Thirteenth Judicial Circuit, Greenville County, South Carolina, dated July 1, 2026, # 5 Exhibit 5, Declaration of Steven P. Kemerling, Assistant Field Office Director, # 6 Exhibit 6, Approval Notice, dated July 6, 2026)(Mallory, Jennifer) (Attachment 5 replaced on 9/22/2026) (sshe, ). Modified on 9/22/2026 to replace with corrected Exhibit document as requested and provided by attorney filing user (sshe, ). (Entered: 09/21/2026)

Sep 21, 2026

Document E-Mailed

#20

Sep 22, 2026

TEXT ORDER: For good cause shown and consent of the Plaintiff, the Defendants' motion to seal (Dkt. No. 18) is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/22/2026.(ltap, ) Modified document type on 9/23/2026 (sshe, ). (Entered: 09/22/2026)

#21

Sep 22, 2026

TEXT ORDER: The time for Plaintiff's reply on the pending motion for a temporary injunction is shortened to noon on 9/24/26. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/22/2026. (ltap, ) (Entered: 09/22/2026)

Sep 22, 2026

Order

Sep 22, 2026

Order on Motion to Seal

#22

Sep 23, 2026

Consent MOTION for Leave to Appear Remotely by M.L.S.. Response to Motion due by 10/7/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Banias, Bradley) (Entered: 09/23/2026)

#23

Sep 23, 2026

TEXT ORDER: For good cause shown and with consent of all parties, lead counsel's motion to appear remotely (Dkt. No. 22) is granted. Counsel appearing remotely should coordinate with the Court's courtroom deputy, Ms. Perry, to confirm details for remote transmission. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/23/2026.(ltap, ) (Entered: 09/23/2026)

Sep 23, 2026

Order on Motion for Leave to Appear

#24

Sep 24, 2026

MOTION to Appear Pro Hac Vice by Stephanie E. Norton ( Filing fee $ 350 receipt number ASCDC-13409960) by M.L.S.. Response to Motion due by 10/8/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit PHV affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order PHV Proposed Order)No proposed order.(Banias, Bradley) (Entered: 09/24/2026)

#25

Sep 24, 2026

Sealed Document re 19. (Attachments: # 1 Exhibit 1, Greenville County Incident Report and Supplemental Reports regarding Incident Date May 7, 2025, # 2 Exhibit 2, Greenville County Incident Report and Supplemental Reports regarding Incident Date January 16, 2026 (includes redactions applied before receipt), # 3 Exhibit 3, Greenville County Incident Report and Supplemental Reports regarding Incident Date February 2, 2026 (includes redactions applied before receipt), # 4 Exhibit 4, Commitment Order DJJ (Determinate) Followed by Probation, issued by the Family Count for the Thirteenth Judicial Circuit, Greenville County, South Carolina, dated July 1, 2026, # 5 Exhibit 5, Declaration of Steven P. Kemerling, Assistant Field Office Director, # 6 Exhibit 6, Approval Notice, dated July 6, 2026) Filed per chambers. (sshe, ) (Entered: 09/24/2026)

#26

Sep 24, 2026

TEXT ORDER granting 17 Motion of Diana Marin to Appear Pro Hac Vice; granting 24 Motion of Stephanie E. Norton to Appear Pro Hac Vice. For M.L.S.. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/24/2026.(sshe, ) (Entered: 09/24/2026)

#28

Sep 24, 2026

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction REPLY IN FURTHER SUPPORT OF PETITIONERS APPLICATION FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION Response filed by M.L.S.. (Attachments: # 1 Exhibit A: DSS Affidavit, # 2 Exhibit B: DJJ, # 3 Exhibit C: MLS Legal History)(Banias, Bradley) (Entered: 09/24/2026)

#29

Sep 24, 2026

Consent MOTION to Seal Document 28 Reply to Response to Motion, by M.L.S.. Response to Motion due by 10/8/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: Non Confidential Index of the Documents at Issue, # 2 Exhibit B: Attorney Certification, # 3 Exhibit C: Confidential Information to be Submitted to Court in Connection with Motion to Seal)Proposed order is being emailed to chambers with copy to opposing counsel.(Banias, Bradley) (Entered: 09/24/2026)

Sep 24, 2026

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

#30

Sep 25, 2026

NOTICE of Appearance by Nathan Stuart Williams on behalf of Upstate Evaluation and Development Center (Williams, Nathan) (Entered: 09/25/2026)

#31

Sep 28, 2026

Sealed Document re 28. Unredacted Reply by M.L.S. (Attachments: # 1 Exhibit Unredacted A 2026-09-24 Salle DSS Affidavit, # 2 Exhibit Unredacted B 2026-07-21 DJJ Release Form, # 3 Exhibit Unredacted C DJJ Legal History) filed under seal per chambers(sshe, ) (Entered: 09/28/2026)

#32

Sep 28, 2026

Minute Entry. Proceedings held before Honorable Richard M Gergel: Motion Hearing held on 9/28/2026 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Dylan Lingerfelt. Counsel has until 9 AM to file citations regarding burden of proof. Court to issue order. Court Reporter Lisa Smith. (cper, ) (Entered: 09/28/2026)

#33

Sep 28, 2026

COURT EXHIBIT 1 in re ECF 5 by U.S. Immigration & Customs Enforcement.(cper, ) (Entered: 09/28/2026)

#34

Sep 28, 2026

REPLY by Todd Blanche, Enforcement and Removal Operations, Markwayne Mullin, U.S. Immigration & Customs Enforcement, David Venturella to 32 Motion Hearing, . (Mallory, Jennifer) (Entered: 09/28/2026)

Sep 28, 2026

Motion Hearing

#35

Sep 29, 2026

REPLY by M.L.S. to 32 Motion Hearing, . (Banias, Bradley) (Entered: 09/29/2026)

#36

Sep 29, 2026

ORDER and OPINION: The Court (1) dissolves the previously issued TRO (Dkt. No. 11); (2) grants Petitioner a temporary injunction only to the extent that the Federal Respondents are directed to provide Petitioner a prompt hearing before an immigration judge for an individualized determination of bond and a material change of circumstances upon his detention pursuant to the Laken Riley Act; (3) denies Petitioner's request that the Federal Defendants be prohibited from transferring Petitioner outside the District of South Carolina; and (5) maintains jurisdiction over this matter. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/29/2026. (ltap, ) Modified document type on 9/30/2026 (sshe, ). (Entered: 09/29/2026)

#37

Oct 01, 2026

MOTION for Reconsideration re 36 Order,,, by M.L.S.. Response to Motion due by 10/15/2026. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Banias, Bradley) (Entered: 10/01/2026)

#38

Oct 01, 2026

TEXT ORDER: Petitioner has filed this day a motion to reconsider the Court's decision declining to decide the burden of proof standard at Petitioner's bond hearing set for tomorrow morning, October 2, 2026, before an immigration judge. (Dkt. No. 37). The Court has again reviewed the issue upon the filing of this motion to reconsider and continues to conclude that "the immigration court, with full jurisdiction over this matter, is the proper forum to address this issue." (Dkt. No. 36 at 14). Consequently, Petitioner's motion to reconsider (Dkt. No. 37) is denied. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/1/2026.(ltap, ) (Entered: 10/01/2026)

Oct 01, 2026

Order on Motion for Reconsideration