District of Nevada • 2:25-cv-02105

#1

Oct 28, 2025

First PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number CNVDC-8229943) by MARIO ERNESTO HERNANDEZ DURAN. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service, # STRICKEN on 11/19/25 per 14 Minute Order. (3) Exhibit) (Garde, Jon) Modified on 11/19/2025. (RJDG) (Entered: 10/28/2025)

#2

Oct 28, 2025

First MOTION for Preliminary Injunction by Plaintiff MARIO ERNESTO HERNANDEZ DURAN. Responses due by 11/11/2025. (Attachments: # 1 Declaration, # 2 Certificate of Service, # 3 Proposed Order)(Garde, Jon) (Entered: 10/28/2025)

#3

Oct 28, 2025

PROPOSED SUMMONS to be issued DEFENDANTS by Plaintiff MARIO ERNESTO HERNANDEZ DURAN. (Garde, Jon) (Entered: 10/28/2025)

Oct 28, 2025

Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Elayna J. Youchah. ***Emergency motion previously filed in case.*** (JG)

#4

Oct 29, 2025

SERVICE ORDER It is therefore kindly Ordered that the Clerk of Court: 1. DELIVER a copy of the Petition (ECF No. 1 ), the Motion (ECF No. 2 ), and this Order to the U.S. Marshal for service. 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 1 ), the Motion (ECF No. 2 ), this Order, and all other filings in this matter to the U.S. Attorney for the District of Nevada (at Sigal.Chattah@usdoj.gov, Veronica.criste@usdoj.gov, caseview.ecf@usdoj.gov) in accordance with Federal Rule of Civil Procedure 5(b)(2)(E) by adding U.S. Attorney for the District of Nevada to the docket as an Interested Party. 3. MAIL a copy of the Petition (ECF No. 1 ), the Motion (ECF No. 2 ), and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: See Service Order for additional information.It is further Ordered that the U.S. Marshal SERVE a copy of the Petition (ECF No. 1 ), the Motion (ECF No. 2 ), and this Order on the U.S. Attorney for the District of Nevada or on an Assistant U.S. Attorney or clerical employee designated by the U. S. Attorney pursuant to Rule 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. It is further Ordered that counsel for Respondents file a notice of appearance within 2 days of the date of this Order, file and serve their opposition to the Motion within 7 days of the date of this Order, and file and serve their answer to the Petition within 14 days of the date of this Order, unless additional time is allowed for good cause shown. It is further Ordered that Hernandez Duran file a reply to the Motion within 5 days of Respondents' opposition and a reply to the Petition within 7 days of Respondents' answer. Signed by Judge Gloria M. Navarro on 10/29/2025. Michael Bernacke answer due 11/12/2025; Pamela Jo Bondi answer due 11/12/2025; John Mattos answer due 11/12/2025; Kristi Noem answer due 11/12/2025; Rodney S Scott answer due 11/12/2025. Attorney designation deadline: 10/31/2025. Responses due by 11/5/2025. (Copies have been distributed pursuant to the NEF. CC: USM. Distribution of this Order, 1 Petition, and 2 Motion completed as instructed. - RJDG) (Entered: 10/29/2025)

#5

Oct 29, 2025

ORDER TRANSFERRING CASE For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of Court is kindly directed to transfer Case No. 2:25-cv-02105-GMN-EJY to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that the Clerk of Court is instructed to administratively RELATE this matter to Case Nos. 2:25-cv-01542-RFB-EJY and 2:25-cv-01553-RFB-BNW. Signed by Judge Richard F. Boulware, II and Judge Gloria M. Navarro on 10/29/2025. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 10/29/2025)

#6

Oct 29, 2025

CLERK'S NOTICE that this case is reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:25-cv-02105-RFB-EJY. (no image attached) (RJDG) (Entered: 10/29/2025)

#7

Oct 29, 2025

ORDER. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ORDERED TO SHOW CAUSE in writing no later than 5:00 p.m. on November 3, 2025 why the Court should not grant the requested preliminary injunction. Petitioner may file a reply no later than 5:00 p.m. on November 5, 2025. If Respondents have no new arguments to offer that have not already been addressed by the Court, they may so indicate by reference to their previous briefing, while reserving appellate rights. Respondents should file the referenced briefing as an attachment for Petitioner's counsel's review. In the meantime, unless and until the Court orders otherwise, 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, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. IT IS FURTHER ORDERED that the Clerk of Court: 1. DELIVER a copy of the Petition (ECF No. 1 ), the Motion (ECF No. 2 ), and this Order to the U.S. Marshal for service. 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 1 ), the Motion (ECF No. 2 ), and this Order to the United States Attorney for the District of Nevada in accordance with Federal Rule of Civil Procedure 5(b)(2)(E) by adding United States Attorney for the District of Nevada to the docket as an Interested Party at Sigal.Chattah@usdoj.gov, Veronica.criste@usdoj.gov, caseview.ecf@usdoj.gov. 3. MAIL a copy of the Petition (ECF No. 1 ), the Motion (ECF No. 2 ), and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: See Order for additional information.IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the Petition (ECF No. 1 ), the Motion (ECF No. 2 ), 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, pursuant to General Order 2025-07, In Re: Stay of Civil Proceedings Involving the United States During Lapse of Appropriations, Petitioner's counsel is instructed to SEND by electronic mail a courtesy copy of the Petition and Motion to the Civil Division of the U.S. Attorney's Office for the District of Nevada at USANV.CivilDuty@usdoj.gov and on the Civil Chief for the U.S. Attorney's Office for the District Nevada at Summer.Johnson@usdoj.gov. Signed by Judge Richard F. Boulware, II on 10/29/2025. (Copies have been distributed pursuant to the NEF. CC: USM. Distribution of this Order, 1 Petition, and 2 Motion completed as instructed. - RJDG) (Entered: 10/29/2025)

Oct 29, 2025

Assign Judges in Civil Case

Oct 29, 2025

Clerks Notice Reassign Judge

#8

Oct 30, 2025

CERTIFICATE of Compliance by Mario Ernesto Hernandez Duran of order dated 10/29/2025 (Garde, Jon) (Entered: 10/30/2025)

#9

Oct 31, 2025

NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Defendants Michael Bernacke, Pamela Jo Bondi, John Mattos, Kristi Noem. (Botros, Tamer) (Entered: 10/31/2025)

#10

Nov 04, 2025

Proof of Service Executed by Mario Ernesto Hernandez Duran re 1 Petition for Writ of Habeas Corpus. U.S. Attorney for the District of Nevada served on 11/3/2025. (JG) (Entered: 11/05/2025)

#11

Nov 05, 2025

RESPONSE to 2 Motion for Preliminary Injunction by Defendants Michael Bernacke, Pamela Jo Bondi, Kristi Noem, Rodney S Scott. Replies due by 11/12/2025. (Botros, Tamer) (Entered: 11/05/2025)

#12

Nov 11, 2025

REPLY to Response to 2 Motion for Preliminary Injunction by Plaintiff Mario Ernesto Hernandez Duran. (Garde, Jon) (Entered: 11/11/2025)

#13

Nov 12, 2025

RESPONSE to 1 Petition for Writ of Habeas Corpus, 2 Motion for Preliminary Injunction by Defendants Michael Bernacke, Pamela Jo Bondi, John Mattos, Kristi Noem, Rodney S Scott. (Botros, Tamer) (Entered: 11/12/2025)

#14

Nov 19, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 11/19/2025.Exhibit 3 to ECF No. 1 contains personal-data identifiers that should be redacted per Local Rule IC 6-1 and Federal Rule of Civil Procedure 5.2(a). Accordingly, the Clerk of Court is kindly directed to STRIKE Exhibit 3 to ECF No. 2. Petitioner is ordered to file a redacted version of the exhibit in compliance with Local Rule IC 6-1 and Federal Rule of Civil Procedure 5.2(a).(Copies have been distributed pursuant to the NEF - IML) (Entered: 11/19/2025)

#15

Nov 19, 2025

EXHIBIT IN COMPLIANCE to 14 Minute Order,, by Plaintiff Mario Ernesto Hernandez Duran. (Garde, Jon) (Entered: 11/19/2025)

#16

Nov 19, 2025

ORDER. Based on the foregoing IT IS HEREBY ORDERED that Petitioners 2 Motion for a Preliminary Injunction is GRANTED.IT IS FURTHER ORDERED that Respondents must provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a) within seven (7) days, no later than November 26, 2025.IT IS FURTHER ORDERED that Respondents are enjoined from denying Petitioner release on bond on the basis that he is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2).IT IS FURTHER ORDERED that if the individualized bond hearing is not conducted by November 26, 2025, Petitioner shall be released until it is determined that his detention is warranted under 8 U.S.C. § 1226(a).IT IS FURTHER ORDERED that the parties shall file a joint status report by December 1, 2025. The status report shall detail if and when the bond hearing occurred, if bond was granted or denied, and if denied, the reasons for that denial.Joint Status Report due by 12/1/2025. Signed by Judge Richard F. Boulware, II on 11/19/2025. (Copies have been distributed pursuant to the NEF - IML) (Entered: 11/19/2025)

Nov 19, 2025

Minute Order

#17

Nov 26, 2025

STATUS REPORT by Defendants Michael Bernacke, Pamela Jo Bondi, John Mattos, Kristi Noem, Rodney S Scott. (Botros, Tamer) (Entered: 11/26/2025)

#18

Jan 05, 2026

Mail Returned as Undeliverable, re: 4 Order, addressed to Rodney Scott, Commissioner, U.S. Customs and Border Protection. (AF) (Entered: 01/07/2026)