District of Nevada • 2:26-cv-00238

Acosta Diaz La Serna v. Mattos

Active

Case Information

Filed: February 02, 2026
Assigned to: Andrew Patrick Gordon
Referred to: Daniel J. Albregts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 18, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 02, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Eddiel Acosta Diaz De La Serna. (Attachments: # 1 Petition for Writ of Habeas Corpus)(MAM) (Entered: 02/02/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Feb 02, 2026
MOTION for Appointment of Counsel by Petitioner Eddiel Acosta Diaz De La Serna. (MAM) (Entered: 02/02/2026)
Main Document: Motion Appointment of Counsel
#3
Feb 02, 2026
NOTICE from USDC advising case against Pamela Bondi, et al., has been received and assigned case number 2:26-cv-00238-APG-DJA. (MAM) (Entered: 02/02/2026)
Main Document: Advisory Letter Habeas only - FORM
Feb 02, 2026
Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (AMMi)
Feb 02, 2026
Assign Judges in Civil Case
#4
Feb 03, 2026
Order AND Order on Motion for Appointment of Counsel AND Order on Motion/Application to Proceed In Forma Pauperis
Main Document: Order AND Order on Motion for Appointment of Counsel AND Order on Motion/Application to Proceed In Forma Pauperis
#5
Feb 03, 2026
Petition Writ of Habeas Corpus
Main Document: Petition Writ of Habeas Corpus
#6
Feb 04, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#7
Feb 06, 2026
USM Return
Main Document: USM Return
#8
Feb 10, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#9
Feb 10, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#10
Feb 24, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#11
Feb 26, 2026
Order AND Order on Motion to Extend/Shorten Time
Main Document: Order AND Order on Motion to Extend/Shorten Time
#12
Mar 03, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#13
Mar 03, 2026
Exhibit
Main Document: Exhibit
#14
Mar 12, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#15
Mar 17, 2026
Response
Main Document: Response
#16
Mar 17, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#17
Mar 18, 2026
Response
Main Document: Response
#18
Mar 30, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#19
Mar 31, 2026
Order AND Order on Motion to Extend/Shorten Time AND Order on Motion to Extend/Shorten Time
Main Document: Order AND Order on Motion to Extend/Shorten Time AND Order on Motion to Extend/Shorten Time
#20
Apr 06, 2026
Response
Main Document: Response
#21
Apr 13, 2026
Reply
Main Document: Reply
#22
Apr 28, 2026
Order
Main Document: Order
#23
Apr 30, 2026
Brief
Main Document: Brief
#24
Apr 30, 2026
Brief
Main Document: Brief
#25
Apr 30, 2026
Notice Manual Filing
Main Document: Notice Manual Filing
#26
May 14, 2026
Order
Main Document: Order
#27
May 22, 2026
Brief
Main Document: Brief
#28
May 29, 2026
Response
Main Document: Response
#29
Jun 12, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#30
Jun 12, 2026
Exhibit
Main Document: Exhibit
#31
Jun 26, 2026
Response
Main Document: Response
#32
Jun 26, 2026
Response
Main Document: Response
#33
Jul 02, 2026
Reply
Main Document: Reply
#34
Sep 02, 2026
Order Granting in Part Second Amended Petition I THEREFORE ORDER that petitioner Eddiel Acosta Diaz La Serna's second amended petition (ECF No. 29 ) is granted in part. I deny grounds one and two as moot and deny ground six without prejudic e. I grant grounds three, four, and five. I FURTHER ORDER that by September 10, 2026 the government must provide La Serna with notice of its intent to remove him to Mexico or any other third country. That notice must provide La Serna with written notice of the country being designated and the statutory basis for the designation. The notice also must ask La Serna whether he fears persecution or harm upon removal to the third country, and his response must be memorialized in a writing signed by La Serna. I FURTHER ORDER that if La Serna expresses a fear of persecution or harm upon removal to the identified third country, then DHS must inform him that he may seek asylum, withholding, and relief under the CAT by filing a motion to reo pen with the immigration court. I FURTHER ORDER that if La Serna intends to raise a fear-based claim, he must file a motion to reopen to challenge DHS's country designation and/or apply for asylum, withholding, and relief under the CAT by Se ptember 16, 2026. I FURTHER ORDER that by September 8, 2026, ICE must conduct a custody review under 8 C.F.R. § 241.4 that does not rely on § 1231(a)(1)(C) to deny his release. Signed by Chief Judge Andrew P. Gordon on 9/2/2026. (Copies have been distributed pursuant to the NEF - RJDG)
Main Document: Order
#35
Sep 14, 2026
Motion Enforce
Main Document: Motion Enforce
#36
Sep 14, 2026
Motion Reconsider
Main Document: Motion Reconsider
#37
Sep 15, 2026
Order Show Cause AND Order on Motion to Enforce AND ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Main Document: Order Show Cause AND Order on Motion to Enforce AND ~Util - Set/Reset Motion and R&R Deadlines/Hearings
#38
Sep 17, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#39
Sep 17, 2026
Response
Main Document: Response
#41
Sep 18, 2026
Response
Main Document: Response
#42
Sep 18, 2026
Order to Release Petitioner I THEREFORE ORDER respondent John Mattos and the Federal Respondents to make all reasonable efforts to release petitioner Eddiel Acosta Diaz La Serna from the custody of the Nevada Southern Detention Center today (Frid ay, September 18, 2026) no later than 1:00 p.m., but no later than Monday, September 21, 2026 at 1:00 p.m. The respondents must transport La Serna to 501 Las Vegas Blvd. South, Las Vegas, Nevada that same day. The respondents must advise La Serna&# 039;s counsel of the estimated time of release for coordination purposes at least one hour before he is released. I FURTHER ORDER that the respondents return all of La Serna's personal property to him upon his release. I FURTHER ORDER tha t the respondents may not re-detain La Serna without conducting a pre-deprivation, individualized custody review and without complying with my order regarding the process he is due in relation to any attempt a third-country removal. Signed by Chief Judge Andrew P. Gordon on 9/18/2026. (Copies have been distributed pursuant to the NEF - RJDG)
Main Document: Order
Sep 18, 2026
Minute Order Terminate Motion AND Order on Motion to Extend/Shorten Time

Parties

Acosta Diaz De La Serna
Party
Bondi
Party