Completed
Case Information
Filed: February 17, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Daniel J. Albregts
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 17, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Abel Antonio Vargas Aguilar. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Ex Parte Motion for Appointment of Counsel) (AMMi) (Entered: 02/17/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#2
Feb 17, 2026
NOTICE from USDC advising case against Bondi, et al., has been received and assigned case number 2:26-cv-00426-APG-DJA. (AMMi) (Entered: 02/17/2026)
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Advisory Letter Habeas only - FORM
Feb 17, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (MAM)
Feb 17, 2026
Assign Judges in Civil Case
#3
Feb 18, 2026
TRANSFER ORDER. IT IS ORDERED that the Clerk of Court is kindly directed to transfer Case No. 2:26-cv-00426-JAD-DJA to Judge Richard F. Boulware, II. 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 Jennifer A. Dorsey and Judge Richard F. Boulware, II on 2/18/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 02/18/2026)
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TRANSFER
#4
Feb 18, 2026
Order Appointing Counsel AND Order Show Cause AND Order on Motion/Application to Proceed In Forma Pauperis
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Order Appointing Counsel AND Order Show Cause AND Order on Motion/Application to Proceed In Forma Pauperis
#5
Feb 20, 2026
Notice Appearance of Counsel
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Notice Appearance of Counsel
#6
Feb 20, 2026
Notice Appearance of Counsel
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Notice Appearance of Counsel
#7
Feb 25, 2026
Petition Writ of Habeas Corpus Amended
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Petition Writ of Habeas Corpus Amended
#8
Feb 27, 2026
Response
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Response
#9
Mar 02, 2026
Traverse
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Traverse
#10
Mar 02, 2026
Response
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Response
#11
Jun 11, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/11/2026.Since the briefing on the 7 First Amended Petition in this matter, 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 regarding why the Court should not grant 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. (no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 06/11/2026)
Jun 11, 2026
Minute Order
#12
Jun 16, 2026
Notice Appearance of Counsel
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Notice Appearance of Counsel
#13
Jun 16, 2026
Response
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Response
#14
Jun 22, 2026
Brief
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Brief
#15
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 12:30 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
#16
Jul 09, 2026
MINUTES OF PROCEEDINGS - Hearing re 7 First Amended Petition for Writ of Habeas Corpus held on 7/9/2026 before Judge Richard F. Boulware, II. Crtrm Administrator: D. Smith; Pla Counsel: Margaret Lambrose; Def Counsel: Martn Mayer; Court Reporter: P. Eaker; Time of Hearing: 12:42 - 12:51; Courtroom: 7CThe Court makes preliminary remarks and hears from the parties on the 7 First Amended Petition for Writ of Habeas Corpus. For the reasons set forth on the record, and the reasons set forth in Quijay Garcia v. Mattos No. 2:26-CV-01205-RFB-BNW, 2026 WL1972386 (D. Nev. July, 8, 2026) which were incorporated by reference on the record, IT IS HEREBY ORDEREDthat Petitioner's (ECF No. 7 ) First Amended Petition is GRANTED. IT IS FURTHER ORDEREDthat Respondents mustRELEASEPetitioner from detentionON PERSONAL RECOGNIZANCEonJuly 10,2026between the hours of12:00 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 ORDEREDthatRespondents arePROHIBITEDfrom imposing release conditions thatsubstantially interferewith Petitioner's liberty, such as electronic monitoring, without havingestablishedthe reasonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. IT IS FURTHER ORDEREDthat Respondents must return Petitioner'spersonal property, including any personal identification and employment authorization documents,UPON HIS RELEASE. IT IS FURTHER ORDEREDthat Respondents arePERMANENTLY ENJOINEDfrom detaining Petitionerpursuant to8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDEREDthat Respondents may not re-detain Petitioner during the pendency of his current removal proceedings until after an immigration court hearing is held, with adequate notice, todeterminewhether detention isappropriate under8 U.S.C. § 1226(a) and its implementing regulations. At this hearing, the government must bear the burden ofestablishingthat detention isappropriate byclear and convincing evidence. IT IS FURTHER ORDEREDthat the Parties must file aJOINT STATUS REPORTbyJuly 13,2026confirming Respondents compliance with this Order including (i) the date and time of Petitioner's release; (ii) compliance with this Court's directives concerning release on personal recognizance; and (iii) the return of Petitioner's personal property. The Clerk of Court is instructed to(1) substitute Acting Attorney General Todd Blanche for Respondent Pam Bondipursuant toFederal Rule of Civil Procedure 25(d) (2)enter judgment accordingly and(3)close this case. The Courtretainsjurisdictionto enforce its order and judgment. Petitioner may move to reopen this case to enforce the judgment without filing a separate case. The Court will not issue a separate written ruling. The instant minutes of proceedings and minute order(s), which incorporate by reference the transcript of the hearing and the reasoning therein, shall serve as the final order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - DRS) (Entered: 07/09/2026)
#17
Jul 09, 2026
Judgment
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Judgment
Jul 09, 2026
Miscellaneous Hearing
#18
Jul 13, 2026
Status Report
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Status Report
Parties
Bondi
Party
Vargas Aguilar
Party