District of Nevada • 2:26-cv-01389

Villafuerte Miranda v. Leyva

Active

Case Information

Filed: May 05, 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
Active
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
May 01, 2026
RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: # 1 Petition WHC, # 2 fee waiver) (WJ) (Entered: 05/06/2026)
Main Document: Receipt Initiating Documents
#2
May 06, 2026
NOTICE from USDC advising case against Jason Knight, et al., has been received and assigned case number 2:26-cv-01389-JAD-BNW. (WJ) (Entered: 05/06/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
May 06, 2026
TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-01389-JAD-BNW to Judge Richard F. Boulware, II. All further documents must bear the correct case number 2:26-cv-01389-RFB-BNW. IT IS FURTHER ORDERED 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 5/6/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 05/06/2026)
Main Document: Order Reassign Judge
May 06, 2026
Case randomly assigned to District Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (WJ)
May 06, 2026
Assign Judges in Civil Case
#4
May 07, 2026
ORDER APPOINTING COUNSEL I. FILING FEEFirst, the Court DEFERS consideration of Petitioner's filing fee until Petitioner has an informed opportunity to satisfy it, presumably with the assistance of counsel. Cf. 28 U.S.C. § 1914(a) (requiring petitioners for writs of habeas corpus to pay a $5 filing fee); cf. also Part II (appointing counsel). To that end, IT IS HEREBY ORDERED Petitioner must either pay thefiling fee, or submit an application to proceed in forma pauperis ("IFP Application"), by May 19, 2026. Cf. 28 U.S.C. § 1915(a) (enabling petitionrs in civil detention to seek leave to proceed in forma pauperis). The Clerk of Court is kindly instructed to ATTACH a copy of the Court's standard IFP Application to this Order.II. APPOINTMENT OF COUNSELTherefore, 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. IT IS FURTHER ORDERED the FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by May 11, 2026. Appointed counsel will represent Petitioner in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless appointed counsel is allowed to withdraw.III. DOCUMENT PRODUCTIONTherefore, IT IS HEREBY ORDERED Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention: (1) I-200 Warrant for Arrest of Alien; (2) Form I-286 Initial Custody Determination; (3) Form I-862 Notice to Appear; (4) Form I-213 Record of Deportable or Inadmissible Alien; (5) all immigration court orders in Petitioner's removal proceedings; (6) documents reflecting any appeal of any immigration court orders by the Department of Homeland Security or Petitioner; (7) transcripts and/or audio recordings of any custody redetermination proceedings. Specifically, Respondents must PRODUCE these materials to Petitioner's Counsel by May 12, 2026. Alternatively, by that same date, Respondents must CERTIFY that, after a diligent search, they have determined that the record(s) are not in their possession, custody, or control.IV. BRIEFINGFourth, pursuant to the Court's inherent authority "to manage [its] dockets... with a view toward the efficient and expedient resolution of cases," Cahill v. Insider Inc., 131 F.4th 933, 938 (9th Cir. 2025) (quoting Dietz v. Bouldin579 U.S. 40, 47 (2016)), IT IS HEREBY ORDERED the following parameters will govern this case: See Order for additional information. V. JURISDICTIONTherefore, IT IS HEREBY ORDERED Respondents are ENJOINED from transferring Petitioner outside of the District of Nevada until this Court orders otherwise. IT IS FURTHER ORDERED Respondents may seek leave of Court if, and when, they intend to remove Petitioner from this judicial district.VI. SERVICEFinally, the Clerk of Court is kindly INSTRUCTED to: See Order for additional information. Signed by Judge Richard F. Boulware, II on 5/7/2026. Attorney designation deadline: 5/11/2026. Notice of Compliance is due by 5/12/2026. Notice of Class Membership is due by 5/14/2026. Amended Petition is due by 5/19/2026. IFP or payment of filing fee is due by 5/19/2026. (Attachments: # 1 Instructions for Filing an Application to Proceed In Forma Papuperis by an Inamte Under 28 U.S.C. § 1915) (Copies have been distributed pursuant to the NEF. A copy of the Petition (ECF No. 1 -1), and this Order distributed as instructed. - RJDG) (Entered: 05/07/2026)
Main Document: Order Appointing Counsel
#5
May 11, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#6
May 12, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#7
May 12, 2026
Notice Other
Main Document: Notice Other
#8
May 14, 2026
Response
Main Document: Response
#9
May 19, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#10
May 20, 2026
Motion/Application Leave to Proceed In Forma Pauperis
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#11
May 29, 2026
Motion Stay Case or Discovery
Main Document: Motion Stay Case or Discovery
Sep 01, 2026
Notice of Appearance - AFPD Immigration only
#13
Sep 24, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#14
Oct 02, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#15
Oct 09, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#16
Oct 14, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#17
Oct 16, 2026
Answer to Amended Habeas Petition
Main Document: Answer to Amended Habeas Petition
#18
Oct 21, 2026
Reply
Main Document: Reply
Oct 22, 2026
Minute Order Recusal
Oct 23, 2026
Clerks Notice Reassign Judge
#21
Oct 26, 2026
ORDER Granting First Amended Petition for Writ of Habeas Corpus I THEREFORE ORDER that petitioner Ludvin Leonel Villafuerte Miranda's first amended petition for a writ of habeas corpus (ECF No. 14 ) is GRANTED. I FURTHER ORDER that the re spondents must release Ludvin Leonel Villafuerte Miranda from the custody of Nevada Southern Detention Center no later than Tuesday October 27, 2026, and transport him to 501 Las Vegas Blvd South, Las Vegas, Nevada by 5:00 p.m. that same day. The res pondents must advise Villafuerte Miranda's counsel of the estimated time of release for coordination purposes, at least one hour before he is released. I FURTHER ORDER that the respondents return all of Villafuerte Miranda's personal pro perty to him upon his release. I FURTHER ORDER that the respondents are prohibited from re-detaining Villafuerte Miranda absent proof of changed circumstances making his removal reasonably foreseeable and without first following the required statutory and regulatory procedures. I FURTHER ORDER that the clerk of court is instructed to close this case. Signed by Chief Judge Andrew P. Gordon on 10/26/2026. (Copies have been distributed pursuant to the NEF - RJDG)
Main Document: Order Dismissing Case
#22
Oct 26, 2026
ORDER (1) Granting Motions to Extend Time, (2) Granting Motion for Leave to Proceed In Forma Pauperis I ORDER that the parties' motions to extend time (ECF Nos. 9 , 11 , 13 , 15 , 16 ) are GRANTED. I FURTHER ORDER that petitioner's motion for leave to proceed in forma pauperis (ECF No. 10 ) is GRANTED. Signed by Chief Judge Andrew P. Gordon on 10/26/2026. (Copies have been distributed pursuant to the NEF - RJDG)
Main Document: Order

Parties

Leyva
Party
Villafuerte Miranda
Party