Case: Hernandez v. Crosson

PETITION for Writ of Habeas Corpus filed by Jesus Verde Hernandez. (MMS) (Additional attachment(s) added on 7/31/2026: # 1 Civil Cover Sheet) (MMS). Modified on 7/31/2026 to attach the civil cover sheet that was provided to the court, NEF regenerated. (MMS). (Entered: 07/31/2026)

1 Civil Cover Sheet

View on RECAP

MOTION for Order to Show Cause Caitlin Cocilova appearing for Plaintiff Jesus Verde Hernandez. (Attachments: # 1 Text of Proposed Order) (MMS) (Entered: 07/31/2026)

ORDER: 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 Ryan Peterson, Sheriff, Fergus County, PO Box 180, 121 8th Avenue South, Lewistown, MT 59457; Zachary Crosson, Chief Patrol Agent of the Havre Sector, U.S. Customs and Board Patrol, 2605 5th Ave. SE, Havre, MT 59501; Joe Visser, Facility Warden, Cascade County Detention Center, 3800 Ulm North Frontage Road, Great Falls, MT, 59404. 4. Respondents shall file a notice of appearance within three days of the date of this Order by August 3, 2026. ( Show Cause Hearing set for 8/5/2026 at 01:30 PM in Great Falls, MT before Judge Brian Morris.) Signed by Judge Brian Morris on 7/31/2026. (KAH) Modified on 7/31/2026 to reflect Melanie Sonntag will be the remote court reporter (MMS). (Entered: 07/31/2026)

NOTICE of Appearance by Randy J. Tanner on behalf of Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, David Venurella (Tanner, Randy) (Entered: 07/31/2026)

Unopposed MOTION for Leave to File Under Seal Petitioner's A-File. Randy J. Tanner appearing for Defendants Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, David Venurella. (Attachments: # 1 Text of Proposed Order) (Tanner, Randy) (Entered: 07/31/2026)

Sealed Document re: 5 Unopposed MOTION for Leave to File Under Seal Petitioner's A-File filed by Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, David Venurella Petitioner's A-File. (Tanner, Randy) Modified on 7/31/2026 to remove lodged per Order 7 (MMS). (Entered: 07/31/2026)

ORDER granting 5 Motion to File Under Seal. Signed by Judge Brian Morris on 7/31/2026. (MMS) (Entered: 07/31/2026)

Unopposed MOTION for Leave to Appear Remotely at August 5, 2026 Hearing. Randy J. Tanner appearing for Defendants Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, David Venurella. (Attachments: # 1 Text of Proposed Order) (Tanner, Randy) (Entered: 07/31/2026)

ORDER granting 8 Motion for Leave to Appear. AUSA Randy Tanner, may appear at the Russell Smith Federal Courthouse in Missoula, Montana for the August 5, 2026 hearing. Signed by Judge Brian Morris on 7/31/2026. (MMS) (Entered: 07/31/2026)

Filing Fee Received

Filing fee: $ 5.00, receipt number 417786. (KAH)

AMENDED DOCUMENT by Jesus Verde Hernandez. Amendment to 1 Petition for Writ of Habeas Corpus, First Amended Class Petition for Writ of Habeas Corpus. (Danahy, Molly) (Entered: 08/02/2026)

Second MOTION for Order to Show Cause . Molly E. Danahy appearing for Plaintiff Jesus Verde Hernandez. (Attachments: # 1 Text of Proposed Order) (Danahy, Molly) (Entered: 08/02/2026)

ORDER: 1. The Clerk is directed to effectuate immediate service, if service has not already been accomplished, of the amended habeas petition filed in this case upon Respondents. 2. The Clerk of Court is directed to Mail a copy of the Amended Petition (ECF No. 10) and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to Ryan Peterson, Sheriff, Fergus County, PO Box 180, 121 8th Avenue South, Lewistown, MT 59457; Zachary Crosson, Chief Patrol Agent of the Havre Sector, U.S. Customs and Board Patrol, 2605 5th Ave. SE, Havre, MT 59501; Joe Visser, Facility Warden, Cascade County Detention Center, 3800 Ulm North Frontage Road, Great Falls, MT, 59404. 3. Respondents shall file a response to Hernandezs individual habeas petition (ECF. No. 1) no later than August 4, 2026. Any arguments that the petition should be dismissed shall be made in the response and not by separate motion. 4. The Court will hold a hearing on Hernandezs individual Order to Show Cause on August 5, 2026, at 1:30 P.M. at the Missouri River Courthouse in Great Falls, Montana. 5. Any reply by Petitioner Hernandez shall be filed before the hearing on August 5, 2026. 6. Respondents shall file a response to the Amended Petition (ECF No. 10) no later than August 17, 2026. Any arguments that the petition should be dismissed shall be made in the response and not by separate motion. 7. The Court will hold a hearing on the Amended Order to Show Cause on August 18, 2026, at 1:30 P.M. at the Russell Smith Courthouse in Missoula, Montana. 8. Any reply by Petitioners shall be filed before the hearing on August 18, 2026. 9. Respondents shall not transfer Petitioners out of the District of Montana or remove them from the United States. 10. DHS shall identify the putative class members which include: noncitizens who are present within the District of Montana and detained at Cascade County Detention Center or other detention facilities within the District of Montana who: (1) have entered or will enter the United States without inspection and are or will be present in the interior of the United States; (2) were not or will not be apprehended upon arrival into the United States; and (3) are not or will not be subject to detention under 8 U.S.C. §§ 1226(c), 1225(b)(1), or 1231 at the time the Department of Homeland Security makes an initial custody determination. 11. Respondents shall provide to putative class counsel in the Amended Petition the names, A numbers, and dates of detention regarding the detainees identified by DHS as applicants for admission subject to the mandatory detention under § 1225(b)(2). Respondents shall provide the same information for future detainees identified by DHS as soon as feasible, on a rolling basis. 12. Respondents shall provide a list of how the sources of the requested information for each detainee are stored, accessed, and maintained, including but not limited to any arrest warrant, NTA, Form-286, and Form I-213, whether stored electronically, within the E-Cast system, or otherwise. Respondents shall also provide an exemplar of how these documents are stored for an individual detainee for the Courts review. 13. To the extent putative class counsel already possesses the names of the putative class members who currently are in custody in the District of Montana, the Court requests that putative class counsel provide those names to the Court as soon as possible. 14. If either party seeks an expedited or enlarged briefing schedule, counsel for that party shall contact the 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. ( Show Cause Hearing set for 8/18/2026 at 01:30 PM in Missoula, MT before Judge Brian Morris.) Signed by Judge Brian Morris on 8/3/2026. (KAH) (Entered: 08/03/2026)

RESPONSE to 1 Petition for Writ of Habeas Corpus, by Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, United States Attorney's Office for the District of Montana, David Venurella. (Tanner, Randy) (Entered: 08/04/2026)

REPLY to Response to Motion re 2 MOTION for Order to Show Cause and in support of Petition for Habeas Corpus filed by Jesus Verde Hernandez. (Attachments: # 1 Exhibit 1 - Hernandez Declaration) (Danahy, Molly) (Entered: 08/05/2026)

MINUTE ENTRY for proceedings held 8/5/2026 before Judge Brian Morris (appearing remotely from Missoula Courthouse): Plaintiff's Counsel Caitlin Cocilova, Molly Danahy; and plaintiff Jesus Verde Hernandez in custody, present and appearing from Great Falls Courthouse. Defense Counsel Randy Tanner appearing from Missoula Courthouse. Hearing in regard to Motion to Show Cause 2 . Counsel Danahy with arguments, Counsel Tanner with response. Matter is submitted and an order will be issued. Court orders counsel to confer after this hearing to discuss the individuals that are being detained who have agreed to voluntarily departure. Hearing commenced at 1:30 p.m. and concluded at 2:41 p.m.. (Court Reporter Melanie Sonntag appearing via Zoom.) (Law Clerk: A. Lawlor), (Hearing held in Great Falls) (MMS) (Entered: 08/05/2026)

Show Cause Hearing - SDM

ORDER re 1 Petition for Writ of Habeas Corpus, filed by Jesus Verde Hernandez. Hernandezs Petition 10 is GRANTED as to himself individually.The Court orders the Government to release Hernandez from custody within 24 hours of this Order, under appropriate conditions of release, and to facilitate his transportation from the detention facility by notifying his counsel when and where he can be collected. IT IS FURTHER ORDERED that the Government must return Hernandezs personal property, including any personal identification and employment authorization documents, upon his release. IT IS FURTHER ORDERED that the Government is PERMANENTLY ENJOINED from detaining Hernandez 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 hiscurrent 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 Government 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 Petitioner 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. Hernandez may move to reopen this case to enforce the judgment without filing a separate case. Signed by Judge Brian Morris on 8/7/2026. (MMS) (Entered: 08/07/2026)

NOTICE of compliance by Todd Blanche, Michael Bernacke, Markwayne Mullin, David Venurella, Zachary Crosson, U.S. Customs and Board Patrol, United States Attorney's Office for the District of Montana as to Todd Blanche, Michael Bernacke, Markwayne Mullin, David Venurella, Zachary Crosson, U.S. Customs and Board Patrol (Tanner, Randy) (Entered: 08/07/2026)

Order Setting: ( Show Cause Hearing set for 9/4/2026 at 11:00 AM in Helena, MT before Judge Brian Morris). SEE ORDER FOR DETAILS. Copy emailed to USM. Signed by Judge Brian Morris on 8/11/2026. (KAH) (Entered: 08/11/2026)

Unopposed MOTION for Privacy Act Order . Randy J. Tanner appearing for Defendants Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, David Venurella. (Attachments: # 1 Text of Proposed Order) (Tanner, Randy) (Entered: 08/17/2026)

Unopposed MOTION to Enter Stipulated Confidentiality Agreement . Randy J. Tanner appearing for Defendants Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, David Venurella. (Attachments: # 1 Text of Proposed Order Proposed Stipulated Confidentiality Order) (Tanner, Randy) (Entered: 08/17/2026)

ORDER: IT IS HEREBY ORDERED that, in connection with litigation of this matter, the United States is authorized to produce or disclose documents and materials protected by the Privacy Act, 5 U.S.C. § 552a(b)(12). Signed by Judge Brian Morris on 8/18/2026. (KAH) (Entered: 08/18/2026)

ORDER: The Court has reviewed the reasons offered in support of entry of this Stipulated Protective Order and finds that there is good cause to protect the confidential nature of certain information. Accordingly, the Court adopts the above Stipulated Protective Order in this action. Signed by Judge Brian Morris on 8/18/2026. (KAH) (Entered: 08/18/2026)

Joint MOTION to Expedite . Caitlin Cocilova appearing for Plaintiff Jesus Verde Hernandez, Interested Party United States Attorney's Office for the District of Montana. (Cocilova, Caitlin) (Entered: 08/20/2026)

TEXT Order GRANTING 23 Joint MOTION to Expedite filed by Jesus Verde Hernandez, United States Attorney's Office for the District of Montana. IT IS HEREBY ORDERED that the Show Cause Hearing is RESET for August 27, 2026 at 01:00 PM in Great Falls, MT before Judge Brian Morris. THE PARTIES MAY APPEAR REMOTELY. The Court will email the parties the Zoom link. The Court's Order dated August 11, 2026 (Doc. 18) remains in full force and effect. Signed by Judge Brian Morris on 8/20/2026. (SLL) Modified on 8/20/2026 (SLL). Modified on 8/21/2026 Zoom info emailed to counsel by chambers (MMS). (Entered: 08/20/2026)

Order Setting - MT AND Order Vacating - MT AND ~Util - Terminate Motions

NOTICE Regarding Storage, Access, and Maintenance of Petitioner Information by U.S. Customs and Board Patrol, Todd Blanche, David Venurella, Michael Bernacke, Zachary Crosson, Markwayne Mullin as to U.S. Customs and Board Patrol, Todd Blanche, David Venurella, Michael Bernacke, Zachary Crosson, Markwayne Mullin re 18 Order Setting, Terminate Deadlines and Hearings, Set Deadlines/Hearings (Attachments: # 1 Response to Doc. 18, Paragraph 4) (Tanner, Randy) (Entered: 08/21/2026)

NOTICE of Appearance (paperless filing) by Andres Haladay on behalf of Jesus Verde Hernandez. (Haladay, Andres) (Entered: 08/21/2026)

Brief/Memorandum in Support re 10 Amended Document, 18 Order Setting, Terminate Deadlines and Hearings, Set Deadlines/Hearings filed by Jesus Verde Hernandez. (Attachments: # 1 Affidavit 1 - Declaration of JHA, # 2 Affidavit 2 - Declaration of IAA, # 3 Affidavit 3 - Declaration of JAMA, # 4 Exhibit 4 - Putative Class Tracker, # 5 Exhibit 5 - Draft Notice of Class Action, # 6 Affidavit 6 - Declaration of Molly E. Danahy) (Haladay, Andres) (Entered: 08/21/2026)

Brief/Response to Order re 18 Order Setting, Terminate Deadlines and Hearings, Set Deadlines/Hearings filed by Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, United States Attorney's Office for the District of Montana, David Venurella. (Tanner, Randy) (Entered: 08/21/2026)

Notice of Appearance (paperless filing)

Request for Live Audio Access for Hearing (MMS) (Entered: 08/24/2026)

Response to Request for Live Audio Access APPROVED. re: 29 Request for Live Audio Access Access link to the live audio stream are found here. Hearing is scheduled for August 27, 2026 at 1:00 p.m. (MMS) (Entered: 08/24/2026)

NOTICE re: Custody of B.A.R.H. by Jesus Verde Hernandez. (Danahy, Molly) (Entered: 08/24/2026)

IT IS ORDERED:that CBP release B.A.R.H. into Mr. Chavezs and Ms. Hernandezs custody by Tuesday, August 25, 2026, at 5:30 p.m. IT IS FURTHER ORDERED that the Government must return Hernandezs personal property, including any personal identification and employment authorization documents, upon his release. The Court orders the Government to certify compliance with this Order by filing on the docket. Signed by Judge Brian Morris on 8/24/2026. (SLL)

Response to Request for Live Audio Access

AMENDED ORDER re 32 Order. (The Court amended the caption.) Signed by Judge Brian Morris on 8/25/2026. (SLL)

Unopposed MOTION Regarding Putative Class Opt-Outs. Molly E. Danahy appearing for Plaintiff Jesus Verde Hernandez. (Attachments: # 1 Text of Proposed Order) (Danahy, Molly) (Entered: 08/25/2026)

NOTICE of Compliance by Markwayne Mullin, David Venurella, Todd Blanche, Zachary Crosson, U.S. Customs and Board Patrol, Michael Bernacke, United States Attorney's Office for the District of Montana re 33 Order, 32 Order,. (Tanner, Randy) (Entered: 08/25/2026)

ORDER granting 34 Motion to Exclude Class Members. As these individuals have voluntarily opted out of the putative class, Respondents are hereby authorized to remove the foregoing named individuals from the District of Montana. Signed by Judge Brian Morris on 8/25/2026. (ACC) (Entered: 08/25/2026)

MINUTE ENTRY for HEARING held 8/27/2026 before Judge Brian Morris: Plaintiff's Counsel Andres Haladay and Molly Danahy present in person, Rylee Sommers-Flanagan and Caitlin Cocilova present via ZOOM. Defense counsel Randy Tanner present via ZOOM. Hearing re Petition for Class Certification filed by the petitioner. Parties with argument. Government asks for guidance going forward with regards to minors and and how the Court would like to treat those situations. Court directs counsel to contact the court and a phone conference will be set. Matter is deemed submitted and order with be forthcoming. (Hearing commenced at 1:00 p.m. and concluded 1:44 p.m.) (Court Reporter Yvette Heinze.) (Law Clerk: R. McCarthy), (Hearing held in Great Falls) (MMS) (Entered: 08/27/2026)

Motion Hearing - SDM

MOTION for Leave to File Under Seal . Andres Haladay appearing for Plaintiff Jesus Verde Hernandez. (Attachments: # 1 Text of Proposed Order Proposed Order to File Under Seal) (Haladay, Andres) (Entered: 08/30/2026)

Lodged Sealed Document re: 38 MOTION for Leave to File Under Seal filed by Jesus Verde Hernandez . (Haladay, Andres) (Entered: 08/30/2026)

ORDER granting 38 Motion to File Under Seal. The Petitioners may file the supplemental records under seal. Signed by Judge Brian Morris on 8/31/2026. (ACC) (Entered: 08/31/2026)

ORDER: Petitioners Motion to Certify Class and Appoint Class Counsel is GRANTED. The Court CERTIFIES the Class defined as follows: Noncitizens who are present within the District of Montana and detained at CCDC or other detention facilities within the District who (1) have entered or will enter the United States without inspection and are or will be present in the interior of the United States, (2) were not or will not be apprehended upon arrival into the United States, and (3) are not or will not be subject to detention under 8 U.S.C. §§ 1226(c), 1225(b)(1), or 1231 at the time the Department of Homeland Security makes an initial custody determination. The Court also CERTIFIES the following Subclasses: Warrantless Arrest Class: All persons since July 25, 2026, who have been arrested or will be arrested in the District of Montana for alleged immigration violations without a warrant and without a pre-arrest, individualized assessment of probable cause that the person is in the United States unlawfully and that the person poses a flight risk. Unassessed Escape Risk Subclass: All persons since July 25, 2026, who have been arrested or will be arrested in the District of Montana for alleged immigration violations without a warrant and without a pre-arrest, individualized assessment of probable cause that the person poses a flight risk.IT IS FURTHER ORDERED, Jose Alfredo Martinez Alaniz is the new Class Representative for the Petitioners. IT IS FURTHER ORDERED, the Parties are to file simultaneous supplemental briefing addressing the remedy for habeas release, not to exceed 10 pages. The supplemental briefing will be due on September 3, 2026 at 5 P.M. IT IS DECLARED, the Government cannot detain putative class members if the detaining officer failed to obtain a warrant and did not conduct a pre-arrest, individualized assessment of probable cause that the person poses a flight risk. IT IS FURTHER DECLARED, the Class members are not subject to mandatory detention unless the Department of Homeland Security makes an initial custody determination under U.S.C. §§ 1226(c), 1225(b)(1), or 1231 subjecting an individual to mandatory detention.IT IS FURTHER DECLARED, if the Government failed to abide by § 1226 when making the initial arrest of any putative class members, it is a violation of their constitutional rights. The Courts previous orders (Doc. 3, Doc. 12, Doc. 16) otherwise remain in effect, including the following requirements: 1.Respondents shall not transfer Petitioners out of the District of Montana or remove them from the United States. 2. Respondents shall provide a list of how the sources of the requested information for each detainee are stored, accessed, and maintained, including but not limited to any arrest warrant, NTA, Form-286, and Form I-213, whether stored electronically, within the E-Cast system, or otherwise. Respondents shall also provide an exemplar of how these documents are stored for an individual detainee for the Courts review. 3. The Court requests the Class Counsel provide the additional names as of August 31, 2026 of those who are currently in custody in the District of Montana. 4. If either party seeks an expedited or enlarged briefing schedule, counsel for that party shall contact. 5. the 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 8/31/2026. (SLL) (Main Document 41 replaced on 8/31/2026) (MPB). (Entered: 08/31/2026)

NOTICE of Filing Exhibits re: 41 Order,,,,,,,,,,,,,, (Attachments: # 1 Exhibit 1 - August 28, 2026, Class Tracker) (Haladay, Andres) (Entered: 09/01/2026)

Brief/Response to Order re 41 Order, In Support of Class-wide Relief filed by Jesus Verde Hernandez. (Haladay, Andres) (Entered: 09/03/2026)

Brief/Response to Order re 41 Order, Supplemental Briefing Regarding Habeas Release filed by Michael Bernacke, Todd Blanche, Zachary Crosson, Markwayne Mullin, U.S. Customs and Board Patrol, United States Attorney's Office for the District of Montana, David Venurella. (Tanner, Randy) (Entered: 09/03/2026)

NOTICE of Respondents' Non-Compliance by Jesus Verde Hernandez re 41 Order,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit 1 - Class Tracker, # 2 Exhibit CCDC Roster, # 3 Exhibit Emails) (Haladay, Andres) (Entered: 09/10/2026)

Unopposed MOTION for Leave to File Under Seal . Andres Haladay appearing for Plaintiff Jesus Verde Hernandez. (Attachments: # 1 Text of Proposed Order Proposed Order) (Haladay, Andres) (Entered: 09/10/2026)

Lodged Sealed Document re: 46 Unopposed MOTION for Leave to File Under Seal filed by Jesus Verde Hernandez . (Haladay, Andres) (Entered: 09/10/2026)

NOTICE of Compliance by Jesus Verde Hernandez re 41 Order,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit Updated Class Tracker) (Haladay, Andres) (Entered: 09/11/2026)

ORDER: IT IS ORDERED:IT IS DECLARED, the Government violates the Courts August 31, 2026 Order by continuing to detain class members who were arrested without a warrant or a pre- arrest individualized assessment for detention. Petitioners shall file individual petitions for habeas relief, and the Court will set hearings, if necessary, to determine the lawfulness of the detention of the individual class members. The Government shall file any response to the individual petitions within 5 business days. The Court will accept reply briefs from Petitioners only if requested by the Court. Any reply brief must be filed within 2 business days. Signed by Judge Brian Morris on 9/15/2026. (KAH)

Motion for Leave to File Under Seal

Lodged Sealed Document

Motion for Miscellaneous Relief

Motion for Miscellaneous Relief

Motion for Miscellaneous Relief

ORDER: CBP release G-P-N into Ms. Skornogoski's custody by Thursday, September 17, 2026, at 5:30 p.m. IT IS FURTHER ORDERED that the Government must return G-P-Ns personal property, including any personal identification and employment authorization documents, upon G-P-Ns release. The Court orders the Government to certify compliance with this Order by filing on the docket. Signed by Judge Brian Morris on 9/16/2026. (MMS)

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Notice (Other)

ORDER: Parties shall meet and confer to discuss the Petitioners' preference as to the order to which the Government should respond to the petitions. The Government shall be required to respond to 5 petitions each business day for as many days as is required to address each individual petition. Signed by Judge Brian Morris on 9/17/2026. (MMS)

Order on Motion for Leave to File Under Seal

Response to Motion