Nebraska
In a first for Nebraska, federal judge awards attorney’s fees to immigrant who was detained without bond hearing
For the first time, a federal judge in Nebraska has awarded court costs and attorney’s fees to an immigrant who prevailed in a lawsuit challenging his detention without bond.
Senior U.S. District Court Judge John Gerrard, an appointee of former President Barack Obama, issued the ruling on Tuesday and awarded $1,535.23 to Edgar Eduardo Cadillo Salazar. Gerrard had previously ruled that Salazar’s detention at the Cass County Jail without bond was unconstitutional and ordered the government to provide him with a bond hearing or release him from custody.
Under the federal Equal Access to Justice Act, individuals and businesses that prevail in civil lawsuits against the federal government can file a motion to hold the government liable for attorney’s fees and court costs. Judges can order the government to cover those costs unless they find that the government’s position was “substantially justified,” or if “special circumstances make an award unjust.”
Before last summer, when the Department of Homeland Security revised its longstanding interpretation of statute, only immigrants who were encountered at the border or other ports of entry were subject to mandatory detention. Immigrants encountered after residing in the U.S. were typically subject to discretionary detention and eligible for a bond hearing.
The new interpretation has led to detention without bond for tens of thousands of immigrants who would have previously been eligible to bond out – and it’s led to an endless stream of wrongful detention lawsuits in Nebraska and around the country. A Reuters investigation found that federal courts have ruled against the mandatory detention policy more than 4,400 times.
In Gerrard’s order granting Salazar’s request for attorney’s fees, he said the government’s position that all undocumented immigrants are ineligible for bond hearings was not substantially justified.
“This ‘new understanding’ of a decades-old statute has resulted in the government detaining hundreds of thousands of nonviolent individuals, often without due process or other constitutional protections,” Gerrard wrote. “It has also sparked thousands of lawsuits where courts have ordered release of those wrongfully detained, for which neither immigration courts nor the Department of Justice have seemed prepared.”
He continued: “The government has not provided any justification, let alone a substantial one, for its radical departure from the historical treatment of noncitizens who entered the United States without inspection. Its arguments rely purely on statutory interpretation; the government apparently expects it can transform an entire area of administrative law because it unilaterally decided that, for thirty years, everyone was wrong about what a statute meant.”
Salazar was later denied bond by an immigration judge and remains in custody, according to his attorney, Alexander Smith.
Two similar motions were denied last month by U.S. District Court Judge Susan Bazis, an appointee of former President Joe Biden. In both cases, Bazis had ruled in favor of the detained immigrants, and they were later released on bond per her orders. But in her opinions denying attorney’s fees under the EAJA, she found that the government’s position on mandatory detention was “substantially justified.”
“The Court cannot say that the Federal Respondents’ pre-litigation decision to treat [the respondent] as being subject to mandatory detention, while not ultimately correct in this Court’s view, lacked a reasonable basis in law or fact,” Bazis wrote in a footnote of her opinions.
The issue of mandatory detention is currently under consideration by the 8th Circuit Court of Appeals, which covers Nebraska and other Midwest states. In oral arguments last month, the appellate court’s conservative judges appeared friendly to the mandatory detention policy.
OKLAHOMA CITY, Okla. (KOKH) — Former Oklahoma State and Nebraska Cornhuskers wrestler Albert “AJ” Ferrari was arrested in Nebraska after leading officers on a police pursuit on Friday night.
According to a report from the Nebraska State Patrol, a trooper attempted a traffic stop after noticing a driver speeding on Interstate 80 near North Platte at mile marker 176, later identified as Ferrari.
The NPS trooper followed Ferrari as he exited at mile marker 179 heading northbound on Highway 30.
The trooper clocked Ferrari’s vehicle, a Chevrolet Corvette, traveling over 110 miles per hour in a 55 miles per hour zone.
During an attempted traffic stop, Ferrari refused to stop and fled westbound, leading to a pursuit. After several miles, Ferrari stopped his car and fled on foot.
Officers found identifying information in the vehicle. Ferrari was found the next morning by authorities.
Ferrari was booked into Lincoln County Jail for flight to avoid arrest, willful reckless driving, and obstruction.
In 2022, Ferrari left the Oklahoma State Wrestling program following an investigation by the Stillwater Police after a woman accused Ferrari of sexual assault.
Charges against Ferrari were later dismissed by the Payne County District Court.
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One of the nation’s top forwards is giving Nebraska another look.
First reported by Robin Washut of HuskerOnline, the Big Red have secured an official visit from the No. 13 overall prospect in the 2027 recruiting class. Dawson Battie of St. Mark’s High School in Dallas, Texas, will visit Lincoln for the third time overall during the weekend of Oct. 9.
Battie, a five-star recruit according to the 247Sports Composite rankings, first traveled to campus in August of 2025 before returning to watch the Huskers take on then-No. 9 Illinois in February. Despite Nebraska’s nine-point loss, the visit left a lasting impression, and the Huskers have remained among his top schools. They’ll now get another opportunity to strengthen their position this fall.
Here’s the latest on Battie’s recruitment, including where Nebraska stands and why the Huskers feel confident about their chances leading down the final stretch until the early signing period in November.
Battie’s Other Top Schools
The composite five-star has no shortage of Division I offers. Battie holds 23 in total, with Nebraska, SMU, Texas, Kentucky, and Kansas appearing to be among the top on his list.
The Huskers were one of the first Power Conference programs to offer the Dallas native, extending one in October of 2024. Since then, Battie’s recruitment has taken off, but Nebraska has remained within striking distance.
To date, Battie has visited SMU three times, Nebraska twice, and both Texas and Kentucky once. He also has official visits scheduled this fall to Texas A&M, Houston, SMU, and Virginia before announcing his college decision.
100% Committed #GBR #God✝️ #Committed pic.twitter.com/Etd7xtmIgC
— Ty Schlagel (@TySchlagel) October 20, 2025
NU’s 2027 Recruiting Class to Date
Nebraska currently has one commitment in its 2027 recruiting class: Ty Schlagel. The 6-foot-5 rising senior from Cretin-Derham Hall in St. Paul, Minnesota, is ranked No. 107 nationally in the 247Sports Composite.
The four-star recruit committed to the Huskers last October over fellow Big Ten programs such as Minnesota, Iowa, and Wisconsin. He quickly developed a strong relationship with Fred Hoiberg’s staff and has remained committed ever since.
NU is expected to add at least one or two more high school prospects to the class, making Battie one of the program’s biggest remaining targets left on the board.
Other 2027 Prospects Who Have Visited Lincoln in 2026:
- Mathias Alessanco- Forward (★★★★)
- Ryan Hampton- Shooting Guard (★★★★★)
- Chase Richardson- Point Guard (★★★★)
All 2027 Prospects Nebraska Has Offered
Nebraska has extended offers to 13 prospects in the 2027 class, with most of them being forwards. Battie is one of the two five-stars on this list.
Dooney Johnson (Gonzaga), Jack Kohnen (Iowa State), London Dada (Creighton), Donovan Davis (Iowa State), Chase Richardson (Texas A&M), Jalen Brown (Wisconsin), Ryan Hampton (Kentucky), and Mathias Alessanco (South Carolina) are committed to other schools.
Remaining uncommitted targets include Battie, Eden Vinyard, Isaiah Mack-Russel, and Cherif Millogo. They could also work to flip targets closer to signing day, though with the 5-for-5 eligibility rules passing earlier this week, the Huskers have several players on their current roster who have gained an additional year.
- Mathias Alessanco- Forward (★★★★)
- Dawson Battie- Forward (★★★★★)
- Eden Vinyard- Forward (★★★★)
- Ty Schlagel- Forward (★★★★)
- Donovan Davis- Forward (★★★★)
- Jack Kohnen- Forward (★★★★)
- London Dada- Forward (★★★)
- Isaiah Mack-Russel- Forward (★★★)
- Chase Richardson- Point Guard (★★★★)
- Dooney Johnson- Point Guard (★★★★)
- Jalen Brown- Shooting Guard (★★★★)
- Ryan Hampton- Shooting Guard (★★★★★)
- Cherif Millogo- Center (★★★★)
What Happens Next?
Nebraska’s staff has plenty of reason to feel optimistic. Not only have the Huskers remained contenders throughout Battie’s recruitment, but they’ll also get another opportunity to host him before the early signing period in November.
Several high-profile programs remain near the top, but a strong start to the 2026-27 season against Providence and Boise State could further strengthen NU’s pitch. While NIL will undoubtedly play a role, Battie’s recruitment appears to be centered on relationships, player development, and overall fit.
If the Huskers can check those boxes, they’ll have a real shot. Battie has the talent to start as a true freshman, and wherever he signs, he’ll likely have an opportunity to contribute right away. Landing him would give Nebraska the highest-ranked recruit in program history, making it easy to understand why Hoiberg and his staff aren’t backing down from the fight.
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