District of Nevada • 2:26-cv-00345

Garcia Escobar v. Bondi

Completed

Case Information

Filed: February 11, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 09, 2026
Last Activity: July 13, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 11, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Victor Hugo Garcia Escobar. (Attachments: # 1 Petition for Writ Of Habeas Corpus, # 2 Ex Parte Motion for Appointment of Counsel)(JG) (Entered: 02/11/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Feb 11, 2026
NOTICE from USDC advising case against Pamela Bondi, et al., has been received and assigned case number 2:26-cv-00345-APG-BNW. (JG) (Entered: 02/11/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Feb 11, 2026
ORDER TRANSFERRING CASE - ORDERED that the Clerk of Court is kindly directed to transfer Case No. 2:26-cv-00345-APG-BNW to Judge Richard F. Boulware, II. All further documents must bear the correct case number 2:26-cv-00345-RFB-BNW. IT IS FURTHER ORDERED that the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. Signed by Judge Richard F. Boulware, II, and Chief Judge Andrew P. Gordon on 2/11/2026. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 02/11/2026)
Main Document: Order Reassign Judge
#4
Feb 11, 2026
ORDER TO SHOW CAUSE ORDERED that the IFP application is GRANTED. IT IS FURTHER ORDERED that the motion for appointment of counsel (ECF No. 1 -2) is GRANTED. The Federal Public Defender for the District of Nevada is appointed to represent Petitioner Victor Hugo Garcia Escobar and is directed to file a notice of appearance within 6 days of the date of this Order (by February 17, 2026). Petitioner, with the assistance of appointed counsel, file an Amended Petition by February 18, 2026. 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 (Email 2/11/2026). Respondents are ORDERED TO SHOW CAUSE why the Motion for Temporary Restraining Order should not be granted. See 28 U.S.C. § 2243. Respondents shall file, in writing within three days, a (i) notice of appearance and (ii) a return certifying the true cause of detention on or before February 23, 2026. Petitioner may file a reply on or before February 25, 2026.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. (Emailed 2/11/2026.) 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 ) 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) (ad hoc email (NEF) 2/11/2026; and via regeneration) ; and to Counsel for Facility Warden John Mattos (NSDC) at ahesman@strucklove.com 4. 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) Pamela Bondi Attorney General of the United States, 950 Pennsylvania Avenue, NW, Washington, DC 20530 2) John Mattos, Warden, Nevada Southern Center 2190 E. Mesquite Ave. Pahrump, NV 89060.. (Mailed 2/12/2026) 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 States Attorney pursuant to Rule 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. Signed by Judge Richard F. Boulware, II on 2/11/2026. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 02/11/2026)
Main Document: Order Show Cause AND Order on Motion/Application to Proceed In Forma Pauperis
Feb 11, 2026
Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (MAM)
Feb 11, 2026
Assign Judges in Civil Case
#5
Feb 17, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#6
Feb 17, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#7
Feb 18, 2026
Stipulation
Main Document: Stipulation
#8
Feb 19, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 2/19/2026.Good cause appearing, IT IS HEREBY ORDERED that the 7 Stipulation is GRANTED. Petitioner's Amended Petition is due by 2/25/2026. Respondents Return is due by 3/2/2026. Petitioner's Traverse is due by 3/4/2026. (Copies have been distributed pursuant to the NEF - IML) (Entered: 02/19/2026)
Feb 19, 2026
Minute Order AND Order on Stipulation
#9
Feb 23, 2026
USM Return
Main Document: USM Return
#10
Feb 25, 2026
Stipulation
Main Document: Stipulation
#11
Feb 26, 2026
Order AND Order on Stipulation
Main Document: Order AND Order on Stipulation
#12
Feb 26, 2026
Motion Miscellaneous Relief
Main Document: Motion Miscellaneous Relief
#13
Feb 26, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 2/26/2026.Pending before the Court is Petitioner's 12 Motion for Limited Discovery.As this Court previously ordered, see ECF No. 4, the production of documents relevant to Petitioner's ongoing detention that are exclusively in the custody and control of Federal Respondents is necessary for the Court to "dispose of the matter as law and justice require." See Harris v. Nelson, 394 U.S. 286, 290 (1969). A detained habeas petitioner "is usually handicapped in developing the evidence needed to support in necessary detail the facts alleged in his petition... and a habeas corpus proceeding must not be allowed to founder in a 'procedural morass.'" Id. at 291-92 (citation omitted). Accordingly, pursuant to Rule 6 of the Rules Governing Section 2254 Cases [hereinafter § 2254 Rules], which the Court, in its discretion, applies to this § 2241 matter, see § 2254 Rule 1(b), the Court finds good cause to GRANT the requested limited discovery.Therefore, IT IS HEREBY ORDERED that on or before 3/2/2026 at 5 p.m., Federal Respondents must produce to Petitioner's counsel the following documents relevant to Petitioner's detention and immigration proceedings, or certify that the documents are not in their possession or control: (1) Notice to Appear; (2) Form I-213; (3) all immigration court bond orders; (4) transcripts and recordings of all bond hearings.IT IS FURTHER ORDERED that Respondents shall file a Notice of Compliance with this Order by 3/3/2026. (Copies have been distributed pursuant to the NEF - IML) (Entered: 02/26/2026)
Feb 26, 2026
Minute Order AND Order on Motion for Miscellaneous Relief
#14
Mar 03, 2026
Notice Other
Main Document: Notice Other
#15
Mar 04, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#16
Mar 13, 2026
Response
Main Document: Response
#17
Mar 16, 2026
Traverse
Main Document: Traverse
#18
Jun 11, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/11/2026.Since the briefing on the 15 Amended Petition for Writ of Habeas Corpus, the Court entered Partial Summary Judgment on behalf of Class Members in Jacobo-Ramirez v. Mullin, No. 2:25-cv02136-RFB-MDC, 2026 WL 879799, at *31 (D. Nev. Mar. 30, 2026) ("The Court issues a classwide declaratory judgment that Class Members are subject to detention under § 1226(a) and its implementing regulations. Defendants must therefore comply with 8 C.F.R. §§ 236.1(b); 236.1(c)(8) in arresting and detaining any Class Member. If Defendants deny release on bond or conditional parole after an initial custody determination, Class Members are entitled to custody redetermination(s) before an immigration judge upon request consistent with 8 C.F.R. §§ 236.1(d); 1003.19."). Based on the record before it, the Court preliminarily finds Petitioner is a Jacobo-Ramirez Class Member entitled to relief pursuant to the Court's judgment and the Due Process Clause. Moreover, given Federal Respondents' failure to produce evidence that Petitioner was arrested pursuant to a warrant or provided an initial custody determination, as required by § 1226(a) and its implementing regulations, the Court finds Petitioner can likely demonstrate that his detention was "void ab initio" such that the only appropriate remedy is release. See, e.g., Portillo v. Blanche, No. 2:26-CV-01373-RFB-MDC, 2026 WL 1493876, at *7 (D. Nev. May 28, 2026). Similarly, the Court preliminarily finds Federal Respondents' failures "as to due process in this case and their continued enforcement of detention policies that the Court has found, in a binding judgment, to be unlawful" likely warrant immediate release. Melendez Paz v. Mullin, No. 2:26-CV-00296-RFB-MDC, 2026 WL 1194944, at *6 (D. Nev. May 1, 2026) ("This Court vacated Hurtado on March 30, 2026. Over thirty days have passed, and the denial of a bond hearing pursuant to that vacated decision remains in place. In other words, faced with a binding judgment declaring that Petitioner's detention was and continues to be illegal, Federal Respondents have taken no action to cure their prolonged unlawful detention of Petitioner."). In light of the above, IT IS HEREBY ORDERED the parties shall file supplemental briefing on why the Court should not grant Petitioner the same relief it has granted to similarly situated Class Members. Federal Respondents shall file a response by June 16, 2026. Petitioner shall file a reply by June 19, 2026. Responses are due by 6/15/2026. Replies are due by 6/19/2026. (no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 06/11/2026)
Jun 11, 2026
Minute Order
#19
Jun 16, 2026
Notice Other
Main Document: Notice Other
#20
Jun 22, 2026
Reply
Main Document: Reply
#21
Jul 01, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/1/2026. A Hearing is set for 7/9/2026 at 01:00 PM in LV Courtroom 7C before Judge Richard F. Boulware II. (no image attached) (Copies have been distributed pursuant to the NEF - DRS) (Entered: 07/01/2026)
Jul 01, 2026
Minute Order Setting Hearing
#22
Jul 09, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#23
Jul 09, 2026
MINUTES OF PROCEEDINGS - Hearing re the 15 Amended Petition held on 7/9/2026 before Judge Richard F. Boulware, II. Crtrm Administrator: D. Smith; Pla Counsel: Sylvia Irvin; Def Counsel: Martin Mayer; Court Reporter: P. Eaker; Time of Hearing: 12:56 - 1:01; Courtroom: 7C The Court makes preliminary remarks and advises counsel the 15 Amended Petition will be GRANTED with an Order to issue this afternoon. The Court hears a verbal request from Petitioners counsel and advises a petition or motion must be filed. (no image attached) (Copies have been distributed pursuant to the NEF - DRS) (Entered: 07/09/2026)
#24
Jul 09, 2026
Order AND ~Util - Terminate Case
Main Document: Order AND ~Util - Terminate Case
#25
Jul 09, 2026
Judgment
Main Document: Judgment
Jul 09, 2026
Miscellaneous Hearing
#26
Jul 13, 2026
Status Report
Main Document: Status Report

Parties

Bondi
Party
Garcia Escobar
Party