Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JIMMY IVAN SANCHEZ LOPEZ,
Petitioner,
vs.
ROB JEFFREYS, Director of Nebraska
Department of Correctional Services; KRISTI
NOEM, Secretary of the U.S. Department of
Homeland Security; PAMELA BONDI, Attorney
General of the United States; TODD M.
LYONS, Acting Director of United States
Immigration and Customs Enforcement; PETER
BERG, Field Office Director St. Paul Field
Office of United States Immigration and
Customs Enforcement; and ALLEN GILL, Field
Office Director of Omaha Field Office of United
States Immigration and Customs Enforcement;
Respondents.
4:25CV3241
ORDER TO SHOW CAUSE
This matter is before the Court on Petitioner’s Petition for Writ of Habeas Corpus. (Filing
No. 1.) Petitioner alleges he was arrested at the Hall County Department of Corrections in Grand
Island, Nebraska by United States Immigration and Customs Enforcement (ICE) after serving a
30-day sentence of incarceration for driving under revocation, first offense. (Filing No. 1.) He
alleges he remains in detention in the custody of ICE, which is a division of the Department of
Homeland Security (DHS). (Filing No. 1.) Petitioner believes he was arrested without a warrant
in violation of 8 U.S.C. § 1226, thereby rendering his detention illegal. (Filing No. 1.) Petitioner
further alleges he requested a bond hearing before an immigration judge pursuant to § 1226, but
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this request was denied on November 18, 2025. (Filing No. 1.) He also claims he is not subject
to mandatory detention under § 1226(c)(1). (Filing No. 1.) Petitioner has an individual hearing
scheduled before the Omaha Immigration Court on December 18, 2025. (Filing No. 1.)
Petitioner asks the Court to, among other things, order Respondents to show cause why
this Petition should not be granted within three days. (Filing No. 1.) “A court, justice or judge
entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an
order directing the respondent to show cause why the writ should not be granted, unless it appears
from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243.
“The writ, or order to show cause shall be directed to the person having custody of the person
detained. It shall be returned within three days unless for good cause additional time, not exceeding
twenty days, is allowed.” Id. “The person to whom the writ or order is directed shall make a return
certifying the true cause of the detention.” Id. “When the writ or order is returned a day shall be
set for hearing, not more than five days after the return unless for good cause additional time is
allowed.” Id.
The Court cannot say from the face of the application that Petitioner is not entitled to relief.
Accordingly, it orders Petitioner to serve his petition and a copy of this Order on Respondents
forthwith and file proof of service with the Court. Thereafter, Respondents shall show cause why
Petitioner’s writ should not be granted, Petitioner may reply, and the Court will hold a hearing on
the matter. The Court finds the need to serve Respondents, and the complexity of the legal issues,
constitute good cause for the briefing schedule to the extent it allows a response outside the three
day return on show cause order provided in 28 U.S.C. § 2243.
Further, the Court finds cause to preserve the status quo and the Court’s jurisdiction by
ordering that Petitioner may not be removed from the United States or the District of Nebraska
until further order of this Court. See 28 U.S.C. § 1651; A.A.R.P. v. Trump, 145 S. Ct. 1364, 1368
(2025) (“grant[ing] temporary injunctive relief” against removal “to preserve our jurisdiction”
while adjudicating the merits).
Accordingly,
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IT IS ORDERED:
1. Petitioner shall serve his Petition for Writ of Habeas Corpus (Filing No. 1) and a copy
of this Order on Respondents and file proof of such service with the Court.
2. Respondents shall file a return on the Order to Show Cause why the Petition for Writ
of Habeas Corpus should not be granted within three business days after Petitioner
serves them.
3. Petitioner shall have three business days from the date of Respondents’ response to file
a reply.
4. The Court will thereafter set a prompt hearing on this matter.
5. Respondents shall not remove Petitioner from the United States or the District of
Nebraska until further order of the Court.
Dated this 25th day of November, 2025.
BY THE COURT:
Susan M. Bazis
United States District Judge
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