District of Nevada • 2:26-cv-01025

#1

Apr 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8443505) by Cesar Andres Gomez Calderon. (Jacobs, Michael) (Entered: 04/02/2026)

#2

Apr 02, 2026

ORDER TO SHOW CAUSE. Respondents are ORDERED TO SHOW CAUSE why Petitioner is NOT a Class Member AND why the 1 Writ should not be granted. Respondents shall file, in writing, a (i) notice of appearance and (ii) "a return certifying the true cause of detention" on or before April 7, 2026. IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner to a detention center outside of this judicial district, pending further order of the Court. IT IS FURTHER ORDERED that the Clerk of Court is kindly instructed to: 1. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. Pursuant to 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. 2. ADD counsel for Respondent John Mattos at ahesman@strucklove.com to the docket. Then, SEND them a copy of the 1 Petition and this Order through CM/ECF. 3. MAIL a copy of the 1 Petition this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to Respondent John Mattos at Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump, NV 89060. IT IS FURTHER ORDERED that pursuant to Federal Rule of Civil Procedure 25(d) Ruben Leyva, Acting Field Office Director of the Salt Lake City Field Office of Immigration and Customs Enforcement, Enforcement and Removal Operations, is substituted for Michael Bernacke; Todd Blanche, Interim Attorney General is substituted for Pamela Jo Bondi. The Clerk of Court is kindly instructed to update the docket accordingly. See order for further details. Signed by Judge Richard F. Boulware, II on 4/2/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Mattos) (Entered: 04/02/2026)

Apr 02, 2026

Case randomly assigned to District Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (AF)

Apr 02, 2026

Assign Judges in Civil Case

#3

Apr 07, 2026

RESPONSE to 2 Order to Show Cause,,,,,,, by Respondent John Mattos. (Hesman, Ashlee) (Entered: 04/07/2026)

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Apr 07, 2026

NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernacke, Todd Blanche, Pamela Jo Bondi, Department of Homeland Security (DHS), Ruben Leyva. (Botros, Tamer) (Entered: 04/07/2026)

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Apr 07, 2026

See 8 Notice of Corrected ImageRESPONSE to 2 Order to Show Cause,,,,,,, by Respondents Michael Bernacke, Todd Blanche, Pamela Jo Bondi, Department of Homeland Security (DHS), Ruben Leyva. (Attachments: SEALED on 4/16/26 per 6 Minute Order. # 1 Exhibit A Documents Pertaining to Petitioner)(Botros, Tamer) Modified on 4/17/2026. (RJDG) Modified on 4/23/2026 (JQC). (Entered: 04/07/2026)

#6

Apr 16, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/16/2026.The Court is in receipt of Federal Respondents' 5 Response.First, Federal Respondents have filed documents with sensitive personal identifying information in violation of LR IC 6-1(a)(1), (3), and (5). Therefore, IT IS HEREBY ORDERED that the Clerk of Court shall SEAL Federal Respondents' Response, Exhibit A, at ECF No. 5-1.IT IS FURTHER ORDERED that Federal Respondents must REFILE Exhibit A with appropriate redactions in compliance with LR IC 6-1(a) by April 22, 2026 using the "Notice of Corrected Image/Document" event.Additionally, Federal Respondents' represent that Petitioner had a bond hearing on April 10, 2026 at 9:00 a.m. See ECF No. 5 at 1; ECF No. 5-1 at 30. This suggests that Petitioner has already received the relief sought in his 1 Petition.Therefore, IT IS FURTHER ORDERED that the parties shall file a joint status report by April 22, 2026 confirming whether (1) the bond hearing occurred as scheduled and (2) if a bond hearing under 8 U.S.C. 1226(a) has already been provided, whether the Parties stipulate to dismissal.Joint Status Report is due by 4/22/2026. Corrected documents with redactions due by 4/22/2026.(no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 04/16/2026)

Apr 16, 2026

Minute Order

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Apr 22, 2026

Joint STATUS REPORT by Respondents Michael Bernacke, Todd Blanche, Pamela Jo Bondi, Department of Homeland Security (DHS), Ruben Leyva. (Attachments: # 1 Exhibit A - Order of the Immigration Judge and I213)(Botros, Tamer) (Entered: 04/22/2026)

#8

Apr 22, 2026

NOTICE of Corrected Image/Document re 5 Response, by Respondents Michael Bernacke, Todd Blanche, Pamela Jo Bondi, Department of Homeland Security (DHS), Ruben Leyva. (Service of corrected image is attached.) (Botros, Tamer) (Entered: 04/22/2026)

#9

Apr 23, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/23/2026.The Court has reviewed the Parties' 7 Joint Status Report. The Status Report fails to indicate whether the Parties stipulate to dismissal given a bond hearing has already been provided to Petitioner. See ECF No. 6 (Ordering the parties to indicate "if a bond hearing under 8 U.S.C. § 1226(a) has already been provided, whether the Parties stipulate to dismissal."). Because Petitioner has already been provided the relief requested in his Petition, see ECF No. 1 at 13, Petitioner is ORDERED TO SHOW CAUSE in writing why this case is not moot by 4/30/2026. Alternatively, the parties may stipulate to dismissal without prejudice by 4/30/2026.Show Cause Response is due by 4/30/2026. (Copies have been distributed pursuant to the NEF - IML) (Entered: 04/23/2026)

Apr 23, 2026

Minute Order

#10

Apr 30, 2026

First MOTION to Withdraw as Attorney by Michael Jacobs for Petitioner Cesar Andres Gomez Calderon. Responses are due by 5/14/2026. (Jacobs, Michael) (Entered: 04/30/2026)

#11

May 15, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/15/2026. By Judicial Assistant: E. Santiago.Pending before the Court is the Motion to Withdraw as Attorney. ECF No. 10 filed on April 30, 2026. No response to the Motion was timely filed. Mr. Jacobs provides the Court with good cause of the withdrawal he seeks. Specifically, Petitioner informed his counsel, Michael Jacobs ("Jacobs") he no longer wishes to be represented by him and there has been a breakdown in communication such that Petitioner has falsely accused Jacobs of failing to file a habeas corpus petition on Petitioner's behalf even though Jacobs provided Petitioner with the case number and relevant filings. Under Local Rule IA 11-6 and Nevada Rule of Professional Conduct 1.16(a)(3) the Court finds good cause for withdrawal. See also Nev. R. Prof. Cond. 1.16(d). Jacobs further explains that he is aware that Petitioner is Ordered to Show Cause in writing why this case is not moot by April 30, 2026. Jacobs agrees that Petitioner's case is moot, but does not believe he can ethically provide a response when Petitioner no longer wants his services. The Court agrees.Accordingly, IT IS HEREBY ORDERED that the Motion to Withdraw as Attorney (ECF No. 10 ) is GRANTED.IT IS FURTHER ORDERED that, based on withdrawal of counsel, the Court sua sponte grants Petitioner an extension through and including May 29, 2026 to respond to the Order to Show Cause. IT IS FURTHER ORDERED that Petitioner is, no later than May 29, 2026, to provide an address and, if available, email address and telephone number, to which the Court can send future communications. IT IS FURTHER ORDERED that Michael Jacobs is to provide Petitioner with a copy of this Order through First Class U.S. Mail and, if available, electronic mail no later than Monday, May 18, 2026. Counsel must file a notice of compliance no later than Wednesday, May 20, 2026. (no image attached) (Copies have been distributed pursuant to the NEF - ES) (Entered: 05/15/2026)

May 15, 2026

Minute Order AND Order on Motion to Withdraw as Attorney

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May 20, 2026

NOTICE OF COMPLIANCE by Cesar Andres Gomez Calderon re 11 Order on Motion to Withdraw as Attorney,,,,,,,,, Minute Order,,,,,,,,. (Attachments: # 1 Exhibit)(Jacobs, Michael) (Entered: 05/20/2026)

#13

Jun 16, 2026

ORDER APPOINTING COUNSEL - IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada (FPD) is APPOINTED to represent Petitioner. The Clerk of Court is kindly instructed to ADD the FPD to the docket as an Attorney to be Noticed using the following email address: ecf_nvchu@fd.org. The Clerk is further instructed to SEND a copy of this Order to the FPD and CJA Coordinator for this division. (Ad hoc on 6/16/2026). IT IS FURTHER ORDERED the FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by June 18, 2026. On or before June 26, 2026, Petitioner must file one of the following: (i.) an amended petition for a writ of habeas corpus; (ii.) a status report indicating that the FPD declines to represent Petitioner or (iii.) a status report indicating Petitioners position that this matter is now moot, see ECF Nos. 7, 9 . (See Order for details). Signed by Judge Richard F. Boulware, II on 6/16/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 06/16/2026)

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Jun 18, 2026

NOTICE of Appearance by attorney Margaret W. Lambrose on behalf of Petitioner Cesar Andres Gomez Calderon. (Lambrose, Margaret) (Entered: 06/18/2026)

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Jun 25, 2026

MOTION to Extend Time (First Request) to File Amended Petition re 13 Order Appointing Counsel,,,, by Petitioner Cesar Andres Gomez Calderon. Responses are due by 7/9/2026. (Lambrose, Margaret) (amend) (Entered: 06/25/2026)

#16

Jun 26, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/26/2026.Good cause appearing, IT IS HEREBY ORDERED the 15 Motion to Extend Time is GRANTED. Petitioner has until 7/16/2026 to file an amended petition. (Copies have been distributed pursuant to the NEF - IML) (Entered: 06/26/2026)

Jun 26, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

#17

Jul 16, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Cesar Andres Gomez Calderon. No changes to parties. (Lambrose, Margaret) (Entered: 07/16/2026)

#18

Jul 16, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/16/2026.Before the Court is Mr. Cesar Andres Gomez Calderon's First Amended Petition for Writ of Habeas Corpus (ECF No. 17 ). The Court has reviewed the Petition, as well as Respondents' prior filing regarding Class Membership (ECF No. 5 ), and preliminarily finds that Mr. Calderon 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.Therefore, Respondents are ORDERED TO SHOW CAUSE for Petitioner's detention. See 28 U.S.C.§ 2243. Specifically, Respondents must file a "return certifying the true cause of detention" on or before July 20, 2026. In doing so, Respondents should not re-argue their faulty interpretation of 8 U.S.C. § 1225(b)(2)(A), as this issue has already been litigated in, and decided by, this Court. See generally Jacobo Ramirez, 2026 WL 879799 (D. Nev. Mar. 30, 2026). With that being said, Respondents may reference their prior briefing on this issue for appellate purposes. Finally, if Respondents intend to rely on a separate source of detention authority, they must identify it in their return.IT IS FURTHER ORDERED Respondents must file a supplement that 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 July 20, 2026.IT IS FURTHER ORDERED Petitioner has up to, and including, July 23, 2026, to reply.(Copies have been distributed pursuant to the NEF - CMB) (Entered: 07/16/2026)

Jul 16, 2026

Minute Order

#19

Jul 20, 2026

NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 18) by Michael Bernacke, Todd Blanche, Pamela Jo Bondi, Department of Homeland Security (DHS), Ruben Leyva, Markwayne Mullin re 18 Minute Order,,,,,,,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Answers to Interrogatories)(Botros, Tamer) (Entered: 07/20/2026)

#20

Jul 23, 2026

TRAVERSE re 19 Notice (Other), 18 Minute Order,,,,,,,, by Petitioner Cesar Andres Gomez Calderon. (Lambrose, Margaret) (Entered: 07/23/2026)

#21

Jul 30, 2026

ORDER GRANTING WRIT OF HABEAS CORPUS - IT IS HEREBY ORDERED Petitioners First Amended Petition for Writ of Habeas Corpus (ECF No. 17) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal reco gnizance on July 31, 2026 between the hours of 12:00 P.M. 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 Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioners liberty.IT IS FURTHER ORDERED Respondents may not re-detain Petitioner during the pendency of his current removal proceedings until after an immigration court hearing is held.IT IS FURTHER ORDERED Respondents must RETURN Petitioners personal property as detailed herein.IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by August 3, 2026 confirming Respondents' compliance wi th this Order.The Clerk of Court is kindly instructed to 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 7/30/2026. (Copies have been distributed pursuant to the NEF - DRM)

#22

Jul 30, 2026

JUDGMENT entered per 21 Order GRANTING Petition for Writ of Habeas Corpus. Signed by Clerk of Court Debra K. Kempi on 7/30/2026. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 07/30/2026)

#23

Aug 04, 2026

Joint STATUS REPORT by Respondents Michael Bernacke, Todd Blanche, Pamela Jo Bondi, Department of Homeland Security (DHS), Executive Office for Immigration Review, Ruben Leyva, Markwayne Mullin. (Botros, Tamer) (Entered: 08/04/2026)