District of Nevada • 2:26-cv-00275

#1

Feb 05, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Ignacio Antunez-Pichardo.. (Attachments: # 1 Petition for a Writ of Habeas Corpus)(ALZ) (Entered: 02/05/2026)

#2

Feb 05, 2026

EX PARTE MOTION for Appointment of Counsel by Petitioner Jose Ignacio Antunez-Pichardo.. (ALZ) (Entered: 02/05/2026)

#3

Feb 05, 2026

NOTICE from USDC advising case against Jose Ignacio Antunez-Pichardo, et al., has been received and assigned case number 2:26-cv-00275-APG-BNW. (ALZ) (Entered: 02/05/2026)

Feb 05, 2026

Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (ALZ)

Feb 05, 2026

Assign Judges in Civil Case

#4

Feb 10, 2026

Order Granting Petitioner's IFP Application, Motion for Appointment of Counsel and Directing Service of Petition. IT IS HEREBY ORDERED that Petitioner Jose Ignacio Antunez-Pichardos 1 Application to proceed in forma pauperis is granted. IT IS FURTHER ORDERED that the Federal Public Defender for the District of Nevada is appointed to represent Petitioner and is directed to file a notice of appearance (or indicate its inability to represent Petitioner) within 7 days of the date of this Order. If the Federal Public Defender is unable to represent Petitioner, because of a conflict of interest or for any other reason, alternate counsel will be appointed. Appointed counsel will represent Petitioner in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless allowed to withdraw. IT IS FURTHER ORDERED that the Clerk of the Court will send a copy of this order to the Federal Public Defender and the CJA coordinator for this division. IT IS FURTHER ORDERED that the Clerk of Court: 1. DELIVER a copy of the Petition (ECF No. 1-1) and this Order to the U.S. Marshal for service. 2. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. 3. SEND, through CM/ECF, a copy of the Petition (ECF No. 1-1) and this Order to the United States Attorney for the District of Nevada at sigal.Chattah@usdoj.gov, Veronica.criste@usdoj.gov, Summer.johnson@usdoj.gov, and caseview.ecf@usdoj.gov, in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). 4. SEND, through CM/ECF, a copy of the Petition and this order to counsel for proper respondent John Mattos: Ashlee Hesman at ahesman@strucklove.com and Jacob Brady Lee at JLee@strucklove.com. 5. MAIL a copy of the Petition (ECF No. 1-1) and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 1) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite Ave. Pahrump, NV 89060.2) Kristi Noem, Secretary, United States Department of Homeland Security, 245 Murray Lane SW, Washington, DC 20528.3) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania Avenue, NW, Washington, DC, 20530. 4) Michael Bernacke, Salt Lake City ICE Field Office Director, 2975 Decker Lake Drive Suite 100, West Valley City, UT 84119-6096. 5) Todd Lyons, Acting Director for U.S. Immigration and Customs Enforcement, 500 12th Street, SW, Washington, DC 20536. IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the Petition (ECF No. 1-1) and this Order on the United States Attorney for the District of Nevada or on an Assistant United States Attorney or clerical employee designated by the United State Attorney pursuant to Rule 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances, I find that this order is warranted to maintain the status quo pending resolution on the merits and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. IT IS FURTHER ORDERED that the FPD will have 14 days from the date of entry of this order to file an amended petition for writ of habeas corpus. IT IS FURTHER ORDERED that counsel for the respondents file a notice of appearance within 7 days of the date of this Order and file and serve their response to the amended petition within 14 days of service, unless additional time is allowed for good cause shown. IT IS FURTHER ORDERED that Petitioner will have 7 days following the filing of the response to file a reply. Signed by Chief Judge Andrew P. Gordon on 2/10/2026. (Copies have been distributed pursuant to the NEF- cc: USM/CJA - JG) (Entered: 02/10/2026)

#5

Feb 10, 2026

PETITION for Writ of Habeas Corpus by Jose Ignacio Antunez-Pichardo. (JG) (Entered: 02/10/2026)

#6

Feb 17, 2026

NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem. (Tomova, Virginia) (Entered: 02/17/2026)

#7

Feb 17, 2026

NOTICE of Appearance by attorney Laura Angeline Barrera on behalf of Petitioner Jose Ignacio Antunez-Pichardo. (Barrera, Laura) (Entered: 02/17/2026)

#8

Feb 18, 2026

USM Return Executed re 4 Order. USA served on 2/13/2026, answer due 3/5/2026. (ALZ) (Entered: 02/19/2026)

#9

Feb 24, 2026

MOTION to Extend Time (First Request) to File First Amended Petition re 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,, Order on Ex Parte Motion,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by Petitioner Jose Ignacio Antunez-Pichardo. Responses are due by 3/10/2026. (Barrera, Laura) (amend) (Entered: 02/24/2026)

#10

Feb 26, 2026

ORDER Granting 9 Motion to Extend Time : First Amended Petition is due by 3/3/2026. Signed by Chief Judge Andrew P. Gordon on 2/26/2026. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 02/26/2026)

#11

Feb 27, 2026

MOTION for Limited Discovery in Support of Amended Petition for Writ of Habeas Corpus and Second Motion for Extension of Time to File Amended Petition re 10 Order on Motion to Extend/Shorten Time, by Petitioner Jose Ignacio Antunez-Pichardo. Responses are due by 3/13/2026. (Barrera, Laura) (misc) (discovery) (Entered: 02/27/2026)

#12

Mar 02, 2026

ORDER. IT IS ORDERED that counsel for the respondents are directed to confer with petitioner's counsel about informally complying with the requested discovery without an order. If the parties cannot reach an agreement by March 5, 2026, then by March 9, 2026, the respondents must file a response to the 11 motion for limited discovery. IT IS FURTHER ORDERED that the deadline for the petitioner to file an amended petition is hereby vacated. The petitioner's amended petition is due within seven days of the either (1) the respondents producing the requested material or (2) the Court's order if the Court denies the 11 motion for limited discovery. Signed by Chief Judge Andrew P. Gordon on 3/2/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 03/02/2026)

#13

Mar 04, 2026

NOTICE of Appearance by attorney Christian Ramses Ruiz on behalf of Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem. (Ruiz, Christian) (Entered: 03/04/2026)

#14

Mar 12, 2026

STIPULATION to Extend Time to File Amended Petition (Second Request) and Response to Amended Petition (First Request) re 12 Order,,,, Terminate Deadlines/Hearings,,, by Petitioner Jose Ignacio Antunez-Pichardo.. (Barrera, Laura) (other) (pleading) (Entered: 03/12/2026)

#15

Mar 13, 2026

ORDER Granting 14 Stipulation. Amended Petition is due by 3/17/2026. Respondents will then have until April 1, 2026, to file their response. Signed by Chief Judge Andrew P. Gordon on 3/13/2026. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 03/13/2026)

#16

Mar 17, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Jose Ignacio Antunez-Pichardo. Adds new parties. (Barrera, Laura) (Entered: 03/17/2026)

#17

Mar 17, 2026

EXHIBIT Index of Exhibits in Support of First Amended Petition to 16 Amended Petition for Writ of Habeas Corpus by Petitioner Jose Ignacio Antunez-Pichardo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Barrera, Laura) (Entered: 03/17/2026)

#18

Mar 23, 2026

ORDER Denying 11 Motion for limited Discovery without prejudice as moot. Signed by Chief Judge Andrew P. Gordon on 3/23/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 03/23/2026)

#19

Apr 02, 2026

ERROR: Entered in error by Attorney First MOTION to Extend Time (First Request) re 16 Amended Petition for Writ of Habeas Corpus, 15 Order on Stipulation,,, by Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, John Mattos, Kristi Noem, Kerri Ann Quihuis. Responses are due by 4/16/2026. (Ruiz, Christian) (answer) Modified on 4/2/2026 (JQC). (Entered: 04/02/2026)

#20

Apr 02, 2026

NOTICE of Corrected Image/Document re 19 Motion to Extend/Shorten Time, by Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem, Kerri Ann Quihuis. (Service of corrected image is attached.) (Ruiz, Christian) (Entered: 04/02/2026)

#21

Apr 02, 2026

RESPONSE to 16 Amended Petition for Writ of Habeas Corpus, 15 Order on Stipulation,,, by Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, John Mattos, Kristi Noem, Kerri Ann Quihuis. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ruiz, Christian) (Entered: 04/02/2026)

#22

Apr 09, 2026

STIPULATION FOR EXTENSION OF TIME (First Request) to File Reply in Support of Amended Petition (First Request) re 21 Response, by Petitioner Jose Ignacio Antunez-Pichardo.. (Barrera, Laura) (extend) (nondispositive) (Entered: 04/09/2026)

#23

Apr 10, 2026

ORDER Granting 22 Stipulation for Extension of Time (First Request) to File Reply in Support of Amended Petition re 21 Response. Replies are due by 4/13/2026. Signed by Chief Judge Andrew P. Gordon on 4/10/2026. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 04/13/2026)

#24

Apr 13, 2026

STIPULATION FOR EXTENSION OF TIME (Second Request) to File Reply in Support of Amended Petition (Second Request) re 23 Order on Stipulation,,, by Petitioner Jose Ignacio Antunez-Pichardo.. (Barrera, Laura) (extend) (nondispositive) (Entered: 04/13/2026)

#25

Apr 14, 2026

ORDER Granting 24 Stipulation to File Reply in Support of 16 Amended Petition (Second Request). Replies are due by 4/15/2026. Signed by Chief Judge Andrew P. Gordon on 4/14/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 04/15/2026)

#26

Apr 15, 2026

MOTION for Limited Discovery in Support of Amended Petition for Writ of Habeas Corpus and Third Motion for Extension of Time to Reply re 25 Order on Stipulation, by Petitioner Jose Ignacio Antunez-Pichardo. Responses are due by 4/29/2026. (Barrera, Laura) (misc) (discovery) (Entered: 04/15/2026)

#27

Apr 15, 2026

NOTICE of Class Membership by Jose Ignacio Antunez-Pichardo. (Barrera, Laura) (Entered: 04/15/2026)

#28

Apr 22, 2026

MOTION to Withdraw Motion for Limited Discovery in Support of Amended Petition for Writ of Habeas Corpus and to Reset Deadline for Reply re 26 Motion, by Petitioner Jose Ignacio Antunez-Pichardo. Responses are due by 5/6/2026. (Barrera, Laura) (misc) (presiding) (Entered: 04/22/2026)

#29

Apr 23, 2026

ORDER Withdrawing 26 Motion and Granting 28 Motion. Signed by Chief Judge Andrew P. Gordon on 4/23/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 04/23/2026)

#30

Apr 24, 2026

REPLY to 16 Amended Petition for Writ of Habeas Corpus by Petitioner Jose Ignacio Antunez-Pichardo. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11)(Barrera, Laura) (Entered: 04/24/2026)

#31

Apr 24, 2026

NOTICE of Manual Filing by Petitioner Jose Ignacio Antunez-Pichardo re 30 Reply. Object: USB, Volume(s): 1, Description: Audio USB of Bond Hearing, manually filed with the Clerk's Office. Notice of Manual Filing of Ex. 11 (Barrera, Laura) (Entered: 04/24/2026)

#32

May 13, 2026

ORDER Granting Petition for Writ of Habeas Corpus in Part. IT IS THEREFORE ORDERED that petitioner Jose Ignacio Antunez-Pichardo's petition for writ of habeas corpus (ECF No. 16 ) is GRANTED in part. IT IS FURTHER ORDERED that the respondents are PERMANENTLY ENJOINED from denying Rodriguez the ability to be released on bond on the basis that he is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED that the respondents are prohibited from removing Antunez Pichardo to any other third country without providing him and his counsel with adequate notice of intent to seek removal to a third country and due process in the form of providing him a reasonable opportunity to reopen immigration court proceedings to seek fear-based relief from removal, with a hearing before an immigration judge. IT IS FURTHER ORDERED the Clerk of Court to CLOSE this CASE. Signed by Chief Judge Andrew P. Gordon on 5/13/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 05/13/2026)

#33

Jun 01, 2026

ORDER CONSOLIDATING CASES. IT IS THEREFORE ORDERED that Case No. 2:26-cv-00275-APG-BNW is reopened and transferred to Judge Boulware for all further proceedings. Upon transfer, the new case number is 2:26-cv-00275-RFB-BNW. IT IS FURTHER ORDERED that after transfer to Judge Boulware, Case No. 2:26-cv-00275-RFB-BNW is consolidated with Case No. 2:26-cv-01525-RFB-EJY, with Case No. 2:26 cv-00275-RFB-BNW serving as the lead case after transfer. All further filings in these cases shall be filed in the lead case. All further documents must bear the correct case number 2:26-cv-00275-RFB-BNW. Signed by Chief Judge Andrew P. Gordon and Judge Richard F. Boulware on 6/1/2026. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 06/01/2026)

#34

Jun 01, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/1/2026.IT IS HEREBY ORDERED that Petitioner's (ECF Nos. 8-9) First Amended Petition, originally filed in Case No. 2:26-cv-01525-RFB-EJY is STAYED, pending resolution of Petitioner's forthcoming Motion for Reconsideration of the 32 Order Granting Petition for Writ of Habeas Corpus in Part.Petitioner is instructed to file a copy of his (ECF No. 8) First Amended Petition and (ECF No. 9) Exhibits in this case, No. 2:26-cv-00275-RFB-BNW, as the lead case for the now consolidated actions. (no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 06/01/2026)

Jun 01, 2026

Minute Order

#35

Jun 05, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Jose Ignacio Antunez-Pichardo. Adds new parties. (Barrera, Laura) (Entered: 06/05/2026)

#36

Jun 05, 2026

EXHIBIT Index of Exhibits in Support of First Amended Petition to 35 Amended Petition for Writ of Habeas Corpus by Petitioner Jose Ignacio Antunez-Pichardo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Barrera, Laura) (Entered: 06/05/2026)

#37

Jun 10, 2026

MOTION to Reconsider Order Granting Habeas in Part but Declining to Order Release or a New Bond Hearing re 32 Order,,,,, Terminate Case,,,, by Petitioner Jose Ignacio Antunez-Pichardo. Responses are due by 6/24/2026. (Barrera, Laura) (DJorder) (Entered: 06/10/2026)

#38

Jun 11, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/11/2026.The Court has reviewed the 37 Motion for Reconsideration and finds expedited consideration is warranted. Therefore, IT IS HEREBY ORDERED that Federal Respondents' response is due by 6/16/2026. Petitioner's reply is due by 6/19/2026. In their response, Federal Respondents' must explain their failure to produce the "original order denying bond" in response to Petitioner's discovery request pursuant to the meet and confer 12 Order. See ECF No. 37 at 6. Federal Respondents must further confirm the status of Petitioner's custody redetermination appeal before the BIA through a sworn declaration or authenticated documents. See Rule 7, Rules Governing Section 2254 Cases in the United States District Courts; id. at Rule 1(b) (enabling a court to apply these rules to petitions brought under 28 U.S.C. § 2241).(no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 06/11/2026)

Jun 11, 2026

Minute Order

#39

Jun 16, 2026

RESPONSE to 37 Motion for Reconsideration, by Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem, Kerri Ann Quihuis. Replies are due by 6/23/2026. (Attachments: # 1 Exhibit A - Bond Appeal Receipt)(Botros, Tamer) (Entered: 06/16/2026)

#40

Jun 17, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/17/2026.The Court has reviewed Federal Respondents' 39 Response and finds it fails to "confirm the status of Petitioner's custody redetermination appeal before the BIA through a sworn declaration or authenticated documents" as ordered. See ECF No. 38 (emphasis added) (citing Rule 7, Rules Governing Section 2254 Cases in the United States District Courts).The unauthenticated [39-1] filing receipt print out does not apprise the Court of the current status of Petitioner's custody redetermination appeal. The Court required Federal Respondents to confirm the current status of the appeal based on the representation that Petitioner Antunez-Pichardo "recently asked ICE about the status of his bond appeal by submitting an inquiry through his tablet and was told they had no record of any BIA bond appeal." See ECF No. 37 at 8.Therefore, as previously ordered, Federal Respondents shall SUPPLEMENT the record with a sworn declaration or authenticated documents confirming that Petitioner's appeal, which was filed in January, is currently pending and under consideration by the BIA. If Federal Respondents contend the appeal remains pending, they must confirm whether a briefing schedule has been issued by the BIA, and/or whether briefing has been filed before the BIA.(no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 06/17/2026)

Jun 17, 2026

Minute Order

#41

Jun 18, 2026

REPLY to 37 Motion for Reconsideration, 39 Response, 32 Order,,,,, Terminate Case,,,, by Petitioner Jose Ignacio Antunez-Pichardo. (Barrera, Laura) (Entered: 06/18/2026)

Sep 23, 2026

Minute Order Recusal

Sep 25, 2026

Clerks Notice Reassign Judge

#44

Oct 27, 2026

Motion Temporary Restraining Order

#45

Nov 02, 2026

ORDERED that Petitioner's Motion to Reconsider Order Granting Habeas Petition in Part (ECF No. 37 ) is GRANTED in part. The parts of the May 13, 2026, Order Granting Petition for Writ of Habeas Corpus in Part finding that Petitioner is not a Ja cobo-Ramirez Class Member (ECF No. 32 at n.2) and denying him immediate release on Grounds 1B and 1C in the Amended Petition (id. at 58 (§§ IB & IC)) are VACATED. IT IS FURTHER ORDERED that the original First Amended Petition for Writ of Habeas Corpus (ECF No. 16) is GRANTED. IT IS FURTHER ORDERED that the second First Amended Petition for Writ of Habeas Corpus (ECF No. 35 ) is DISMISSED without prejudice. IT IS FURTHER ORDERED that the Motion for Temporary Restraining Orde r (ECF No. 44 ) is DENIED as moot. IT IS FURTHER ORDERED that Respondents must RELEASE Petitioner from detention ON HIS PERSONAL RECOGNIZANCE on November 3, 2026, between the hours of 12:00 and 3:00 p.m. Counsel for Petitioner (or their designee/ agent) will be permitted to wait in the Federal Justice Tower lobby during the release window. IT IS FURTHER ORDERED that Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioners liberty. IT IS F URTHER ORDERED that Respondents must return Petitioner's personal property, including any personal identification and employment authorization documents, UPON HIS RELEASE. If Federal Respondents fail to do so, the Court will consider contempt sa nctions against the agency officials responsible. IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED that Respondents may not re-detain Pet itioner during the pendency of his current 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 th is hearing, the government must bear the burden of establishing that detention is appropriate by clear and convincing evidence. IT IS FURTHER ORDERED that the Parties must file a JOINT STATUS REPORT by November 4, 2026, confirming Respondents' ; compliance with this Order. The Clerk of Court is kindly instructed to substitute Todd Blanche for Respondent Pamela Bondi, David J. Venturella for Respondent Todd Lyons, and Markwayne Mullin for Respondent Kristi Noem under Federal Rule of Civi l Procedure 25(d); and enter judgment accordingly and close this case. The Court retains jurisdiction to enforce its order and judgment. Petitioner may move to reopen this case to enforce the judgment without filing a separate case. Signed by Judge Richard F. Boulware, II on 11/2/2026. (Copies have been distributed pursuant to the NEF - DRM)

#46

Nov 02, 2026

Judgment

#47

Nov 04, 2026

Status Report