Guira Vargas v. Warden, Lincoln County Jail

Sep 1, 2026
8:26-cv-00474

MEMORANDUM AND ORDER CONDITIONALLY GRANTING WRIT OF HABEAS CORPUS

The petitioner is a noncitizen currently detained by U.S. Immigration and Customs Enforcement in the Lincoln County Jail in North Platte, Nebraska. Filing 1. He seeks a writ of habeas corpus under 28 U.S.C. § 2241, asserting that his detention is unlawful. Filing 1. The Court agrees, and will conditionally grant the petition.

The petitioner is a citizen of Venezuela. Filing 6 at 3. He entered the United States on or about December 12, 2023 near Eagle Pass, Texas. Filing 6 at 3. He apparently came into contact with immigration officials (although the record doesn‘t say how) and was served with a notice to appear and released on an order of recognizance. Filing 6 at 3; filing 6-1; filing 6-2. On August 9, 2026, the petitioner was detained in Rapid City, South Dakota following a traffic stop and taken to the Pennington County Jail, where he was taken into ICE custody. Filing 6 at 4; see also filing 6-3.

Because the petitioner was on conditional parole pursuant to 8 U.S.C. § 1226(a)(2)(B) when he was detained, the Court will conditionally grant the petition for the reasons articulated by the undersigned in Dos Santos Silva v. Warden, Lincoln County Detention Center, No. 8:26-cv-131, 2026 WL 926725 (D. Neb. Apr. 6, 2026).

IT IS ORDERED:

  1. The Petition for Writ of Habeas Corpus (filing 1) is conditionally granted.
  2. The government shall provide the petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a) and the corresponding regulations on or before September 8, 2026.
  3. If the government does not provide the petitioner with a bond hearing as required, the petitioner must be immediately returned to Rapid City, South Dakota and released from detention.
  4. On or before September 11, 2026, the government shall provide the Court with a status update regarding the bond hearing or, if no bond hearing was held, advise the Court regarding the petitioner‘s release.

Dated this 1st day of September, 2026.

BY THE COURT:

John M. Gerrard

Senior United States District Judge