District of Nevada • 2:26-cv-00592

Alfaro v. Noem

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Case Information

Filed: March 03, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 21, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 03, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Cristian Antonio Lopez Alfaro.. (Attachments: # 1 Petition for Writ Of Habeas Corpus, # 2 Ex Parte Motion for Appointment of Counsel)(JQC) (Entered: 03/03/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Mar 03, 2026
NOTICE from USDC advising case against Kristi Noem, et al., has been received and assigned case number 2:26-cv-00592-JAD-EJY. (JQC) (Entered: 03/03/2026)
Main Document: Advisory Letter Habeas only - FORM
Mar 03, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (JQC)
Mar 03, 2026
Assign Judges in Civil Case
#3
Mar 06, 2026
ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the request for appointment of counsel (ECF No. 1 -2) is GRANTED. The Federal Public Defender for the District of Nevada (FPD) is appointed to represent the petitioner and is directed to file a notice of appearance (or indicate its inability to represent the petitioner) within 7 days of the date of this order. IT IS FURTHER ORDERED that if the FPD files a notice of appearance in this matter, it will then have 14 days to file an amended petition (or to indicate that an amended petition is unnecessary). IT IS FURTHER ORDERED that the Clerk of the Court is directed to: 1. FILE the petition (ECF No. 1 -1). 2. SEND a copy of the petition (ECF No. 1 -1) and this Order to the Federal Public Defender at ecf_nvchu@fd.org, Petitioner, and the CJA Coordinator for this division. 3. ADD the United States Attorneys' Office for the District of Nevada to the docket as an Interested Party. Under the District of Nevada's General Order 2026-03 (Feb. 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 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 John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 5. SEND a courtesy copy of the petition (ECF No. 1 -1) and this Order to Ashley Hesman (Mattos's attorney) at ahesman@strucklove.com. IT IS FURTHER ORDERED that the United States Attorney's Office for the District of Nevada must file a notice of appearance within 7 days of the date of this order and file and serve their answer to the amended petition within 7 days of service of the petitioners counseled amended petition. Signed by Judge Jennifer A. Dorsey on 3/6/2026. IT IS FURTHER ORDERED that the respondents must not transfer the petitioner out of this district, with the exception of effectuating the petitioner's lawful deportation. (Copies have been distributed pursuant to the NEF - cc: CJA/P/J.M. - ALZ) (Entered: 03/06/2026)
Main Document: Order AND Order on Motion/Application to Proceed In Forma Pauperis AND ~Util - Add and Terminate Attorneys AND ~Util - Add and Terminate Parties
#4
Mar 06, 2026
PETITION for Writ of Habeas Corpus by Cristian Antonio Lopez Alfaro. (ALZ) (Entered: 03/06/2026)
Main Document: Petition Writ of Habeas Corpus
#5
Mar 06, 2026
NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondents Michael Bernacke, Pamela J. Bondi, Todd Lyons, Kristi Noem, Kerri Ann Quihuis. (Tomova, Virginia) (Entered: 03/06/2026)
Main Document: Notice Appearance of Counsel
#6
Mar 13, 2026
NOTICE of Appearance by attorney Sylvia A. Irvin on behalf of Petitioner Cristian Antonio Lopez Alfaro. (Irvin, Sylvia) (Entered: 03/13/2026)
Main Document: Notice Appearance of Counsel
#7
Mar 16, 2026
NOTICE of Substitution of Counsel by Cristian Antonio Lopez Alfaro. (Hopper-Rebegea, Megan) (Entered: 03/16/2026)
Main Document: Notice Other
#8
Mar 23, 2026
NOTICE of Appearance by attorney Martin Mayer on behalf of Respondents Michael Bernacke, Pamela J. Bondi, Todd Lyons, Kristi Noem, Kerri Ann Quihuis. (Mayer, Martin) (Entered: 03/23/2026)
Main Document: Notice Appearance of Counsel
#9
Mar 26, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Cristian Antonio Lopez Alfaro. Adds and removes parties. (Hopper-Rebegea, Megan) (Entered: 03/26/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#10
Apr 02, 2026
RESPONSE to 9 Amended Petition for Writ of Habeas Corpus by Respondents Michael Bernacke, Pamela J. Bondi, Todd Lyons, Markwayne Mullin, Kristi Noem, Kerri Ann Quihuis. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B)(Mayer, Martin) (Entered: 04/02/2026)
Main Document: Response
#11
Apr 02, 2026
RESPONSE to 9 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 04/02/2026)
Main Document: Response
#12
Apr 08, 2026
REPLY to 11 Response, 9 Amended Petition for Writ of Habeas Corpus, 10 Response, by Petitioner Cristian Antonio Lopez Alfaro. (Hopper-Rebegea, Megan) (Entered: 04/08/2026)
Main Document: Reply
#13
Jul 16, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 7/16/2026. Petitioner Cristian Antonio Lopez Alfaro seeks release or a bond hearing, contending that he has been unlawfully detained under 8 U.S.C. § 1226(a). 9 The government responds that Alfaro is actually detained under 8 U.S.C. § 1231, though it acknowledges that, as of April 2, 2026, when it filed its response, Alfaro was granted a stay of removal by the Ninth Circuit. 10 The Executive Office of Immigration Review's Automated Case Information system now reflects that the Board of Immigration Review (BIA) "received a federal court's decision remanding the case to the BIA" and that Alfaro's case is currently pending. Because the status of Alfaro's appeals impacts the court's analysis of his petition, I direct the government to file a supplemental notice by July 23, 2026, updating the court on Alfaro's case. The government must update the court on the status of Alfaro's Ninth Circuit appeal and any other proceedings that Alfaro has pending before the Ninth Circuit, immigration court, Board of Immigration Appeals, or otherwise. The government must also provide its assessment of what statutory authority currently governs his detention in light of this new information. The petitioner must file a response by July 30, 2026. (Copies have been distributed pursuant to the NEF - MH) (Entered: 07/16/2026)
Jul 16, 2026
Minute Order
#14
Jul 17, 2026
NOTICE of Appearance by attorney Laura Angeline Barrera on behalf of Petitioner Cristian Antonio Lopez Alfaro. (Barrera, Laura) (Entered: 07/17/2026)
Main Document: Notice Appearance of Counsel
#15
Jul 23, 2026
SUPPLEMENT to 13 Minute Order,,,,, 10 Response, Supplemental Notice in Compliance with the Courts Order, ECF No. 13, and Respondents Motion to Amend Their Response to the Amended Petition for Habeas Corpus, ECF No. 10 by Respondents Michael Bernacke, Pamela J. Bondi, Todd Lyons, Markwayne Mullin, Kristi Noem, Kerri Ann Quihuis (Attachments: # 1 Exhibit A Bond Order, # 2 Exhibit B BIA Dismissal, # 3 Exhibit C Decision on Petition for Review, # 4 Exhibit D DHS Motion and Motion Receipt)(Mayer, Martin) (Entered: 07/23/2026)
Main Document: Supplement
#16
Jul 27, 2026
AMENDED RESPONSE to 9 Amended Petition for Writ of Habeas Corpus, 10 Response, by Respondents Michael Bernacke, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Mayer, Martin) ( Modified on 8/20/2026 to NOTE: First Response was filed 11 on 4/2/2026) (DRS). (Entered: 07/27/2026)
Main Document: Response
#17
Jul 30, 2026
RESPONSE to 16 Response by Petitioner Cristian Antonio Lopez Alfaro. (Barrera, Laura) (Entered: 07/30/2026)
Main Document: Response
#18
Aug 06, 2026
Unopposed MOTION to Extend Time (First Request) to file Response to Respondents Motion to Amend their Response to the Amended Petition re 15 Supplement,, by Petitioner Cristian Antonio Lopez Alfaro. Responses are due by 8/20/2026. (Hopper-Rebegea, Megan) (nondispositive) (Entered: 08/06/2026)
Main Document: Motion Extend/Shorten Time
#19
Aug 10, 2026
ORDER - IT IS HEREBY ORDERED the Clerk of Court is instructed to transfer Case No. 2:26-cv-00592-JAD-EJY to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. Case reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:26-cv-00592-RFB-EJY. Signed by Judge Richard F. Boulware, II and Judge Jennifer A. Dorsey on 8/10/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/10/2026)
Main Document: Order Reassign Judge
#20
Aug 11, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/11/2026. IT IS HEREBY ORDERED, based upon the Court's finding of good cause, Petitioner's (Unopposed) 18 Motion to Extend Time is GRANTED. Petitioner's deadline to respond to Respondents' Motion for Leave to Amend (ECF No. 15 ) is extended to August 13, 2026. (Copies have been distributed pursuant to the NEF - CMB) (Entered: 08/11/2026)
Aug 11, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#21
Aug 13, 2026
RESPONSE (OBJECTION) to 16 Response, 15 Supplement,, by Petitioner Cristian Antonio Lopez Alfaro. (Hopper-Rebegea, Megan) Modified on 8/20/2026 (DRS). (Entered: 08/13/2026)
Main Document: Response
#22
Aug 13, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/13/2026.Before the Court is Mr. Alfaro's First Amended Petition for Writ of Habeas Corpus (ECF No. 9 ), Respondents' Supplemental Notice in Compliance with the Court's Order, and Federal Respondents' Motion to Amend Their Response to the Amended Petition for Habeas Corpus (ECF No. 15 ). The Court has reviewed the Petition and the Supplemental Notice, and preliminarily finds that Mr. Alfaro may be entitled to habeas relief under: (i.) Jacobo Ramirez v. Mullin, --- F. Supp. 3d ---, 2026 WL 879799 (D. Nev. Mar. 30, 2026); (ii.) the Immigration and Nationality Act; and (iii.) the Due Process Clause of the Fifth Amendment.IT IS HEREBY ORDERED Respondents must file a supplement which answers the following interrogatories under oath, see Rule 7, Rules Governing § 2254 Proceedings in the United States District Courts: (1.) Was Petitioner arrested pursuant to a lawfully executed, and served, administrative warrant pursuant to 8 C.F.R. § 236.1(b)? (2.) Was an initial custody determination conducted as to Petitioner pursuant to 8 C.F.R. § 236.1(c)(8)? (3.) Was a Form I-286 Notice of Custody Determination served on Petitioner pursuant to 8 C.F.R. § 236.1(g)? Respondents must file this supplement alongside their return, i.e. by August 17, 2026.IT IS FURTHER ORDERED Petitioner has up to, and including, August 24, 2026, to reply. (Copies have been distributed pursuant to the NEF - JT) (Entered: 08/13/2026)
Aug 13, 2026
Minute Order
#23
Aug 17, 2026
SUPPLEMENT to 22 Minute Order,,,,,, 16 Response by Respondents Michael Bernacke, Pamela J. Bondi, Todd Lyons, Markwayne Mullin, Kristi Noem, Kerri Ann Quihuis (Attachments: # 1 Answers to Interrogatories and Certification Regarding Document Search, # 2 Exhibit A, # 3 Exhibit B)(Mayer, Martin) (Entered: 08/17/2026)
Main Document: Supplement
#24
Aug 21, 2026
RESPONSE to 22 Minute Order,,,,,, 23 Supplement, by Petitioner Cristian Antonio Lopez Alfaro. (Hopper-Rebegea, Megan) (Entered: 08/21/2026)
Main Document: Response

Parties

Alfaro
Party
Noem
Party