District of Nevada • 2:26-cv-01545

Perez Teodoro v. U.S. Immigration and Customs Enforcement

Completed

Case Information

Filed: May 20, 2026
Assigned to: Jennifer Anna Dorsey
Referred to: Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: June 24, 2026
Last Activity: June 24, 2026
Parties: View All Parties →

Docket Entries

#1
May 20, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Alvino Perez Teodoro.. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Exhibits, # 3 Civil Cover Sheet, # 4 Emergency Motion for Release, # 5 Motion for Spanish Interpreter, # 6 Motion for Expedited Ruling, # 7 Certificate of Service, # 8 Proposed Order)(HAM) (Entered: 05/20/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
May 20, 2026
NOTICE from USDC advising case against U.S. Immigration and Customs Enforcement, et al., has been received and assigned case number 2:26-cv-01545-JAD-EJY. (HAM) (Entered: 05/20/2026)
Main Document: Advisory Letter Habeas only - FORM
May 20, 2026
Assign Judges in Civil Case
May 20, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (RJDG)
#3
May 22, 2026
Order AND ~Util - Add and Terminate Attorneys AND ~Util - Add and Terminate Parties
Main Document: Order AND ~Util - Add and Terminate Attorneys AND ~Util - Add and Terminate Parties
#4
May 22, 2026
Petition Writ of Habeas Corpus
Main Document: Petition Writ of Habeas Corpus
#5
May 27, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#6
May 29, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#7
Jun 01, 2026
Status Report
Main Document: Status Report
#8
Jun 01, 2026
Motion Enforce
Main Document: Motion Enforce
#9
Jun 02, 2026
Status Report
Main Document: Status Report
#10
Jun 02, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 6/2/2026. Petitioner Alvino Perez Teodoro moves on an emergency basis to enforce this court's order prohibiting his transfer from this district, with the exception of effectuating his lawful deportation. 8 The respondents filed a status report indicating that he will be removed to Mexico on June 2, 2026, under his April 22, 2026, removal order. 7 But Teodoro's counsel contends that Teodoro reserved his right to appeal that removal order and the respondents haven't provided any evidence showing that he didn't file an appeal with the Board of Immigration Appeals (BIA) that would stay his lawful removal. Teodoro seeks an expedited response and a certification from respondents "that they have requested information regarding any appeal with the BIA and were told none has been received." He also seeks the ability to supplement his motion after he has the opportunity to confer with counsel and counsel obtains the immigration court record.I find that an expedited response on the existence or status of Teodoro's appeal of his removal order is warranted here. The respondents must file a status report by 3:00 p.m. today, June 2, 2026, certifying to the court that they have requested information about any appeals with the BIA in Teodoro's case and explaining the results of that search. The respondents must include evidence (i.e., a record of BIA appeals showing no results or a declaration signed under penalty of perjury indicating that such a search showed no results) to support their counsel's assertions. The failure to comply with this order may result in sanctions. (Copies have been distributed pursuant to the NEF - MH) (Entered: 06/02/2026)
#11
Jun 02, 2026
Status Report
Main Document: Status Report
Jun 02, 2026
Minute Order
#12
Jun 03, 2026
Response
Main Document: Response
#13
Jun 11, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 6/11/2026. On June 2, 2026, Petitioner Perez Teodoro moved to enforce this court's order prohibiting his unlawful deportation, representing that he reserved his right to appeal his removal order but was being removed anyway. I ordered the respondents to "file a status report... certifying to the court that they have requested information about any appeals with the BIA in Teodoro's case and explaining the results of that search." 10 I also required the respondents to "include evidence (i.e., a record of BIA appeals showing no results or a declaration signed under penalty of perjury indicating that such a search showed no results) to support their counsels assertions."The respondents filed a notice stating that "no appeal was filed by the Petitioner" and supporting that statement with a printout of EOIR's public Automated Case Information page for Teodoro, which reflects that "no appeal was received for this case." 11 Teodoro's counsel responds that this showing does not comply with the court's order. 12 It does not show that the respondents actually requested information from the BIA or what the result of those inquiries was. And the EOIR case-information website specifically notes that "not all cases, or all information about a case is displayed." Teodoro's counsel also represents that Teodoro's family members have attempted to file an appeal on his behalf.I find that the respondents' showing a printout of a publicly available database that itself acknowledges that "case information from this automated resource is provided for convenience only" and "documents the immigration court or [BIA] issue to [a noncitizen] are the only official determinations related" to a noncitizen's case does not comply with my previous order. Nor did the respondents' counsel certify that they confirmed with the appropriate DHS officials that no appeal had been filed. The respondents are thus again ordered to file a status report by 3:00 p.m. on Monday, June 15, 2026, certifying that they have requested information about any appeals with the BIA in Teodoro's case and explaining the results of that inquiry. The respondents must include evidence (i.e., an internal record of BIA appeals showing no results or a declaration signed under penalty of perjury indicating that such a search showed no results) to support their counsels assertions.I also set this matter for hearing to confirm that the respondents' second showing complies with this order. The respondents must appear for an in-person stacked hearing before Judge Jennifer A. Dorsey on Tuesday, June 16, 2026, at 11:00 a.m. The court will vacate this hearing if it finds that the respondents' submitted evidence is sufficient to comply with this order. If this hearing is not vacated, the court expects that counsel for respondents will bring a DHS employee with personal knowledge of the status of Teodoro's appeal to court. (Copies have been distributed pursuant to the NEF - MH) (Entered: 06/11/2026)
Jun 11, 2026
Minute Order
#14
Jun 15, 2026
Declaration
Main Document: Declaration
#15
Jun 16, 2026
Exhibit
Main Document: Exhibit
#16
Jun 16, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 6/16/2026. Petitioner Perez Teodoro was removed from the United States on June 2, 2026. 11 The day before, Teodoro filed an emergency motion to prevent his removal, contending that he may have filed an appeal of his removal order and thus that any removal while that appeal was pending would be invalid. 8 I twice ordered the respondents to file competent evidence showing that the BIA had not received an appeal from Teodoro. 10 13 On June 15, 2026, the respondents' counsel filed a declaration under penalty of perjury explaining the steps he'd taken to determine that Teodoro did not file a BIA appeal. This is sufficient to quell any concerns that Teodoro was removed while any appeal was pending. So I DENY Teodoro's motion 8 and VACATE the hearing scheduled for 11:00 a.m. today, June 16, 2026.I also order Teodoro's counsel to SHOW CAUSE by June 23, 2026, why this case shouldn't be dismissed as moot because Teodoro has been deported.It is further ordered that Teodoro's application to proceed in forma pauperis 1 is GRANTED. Teodoro is not required to pay the $5 filing fee. (Copies have been distributed pursuant to the NEF - MH) (Entered: 06/16/2026)
Jun 16, 2026
Minute Order AND Order on Motion to Enforce AND Order on Motion/Application to Proceed In Forma Pauperis
#17
Jun 22, 2026
Response
Main Document: Response
#18
Jun 24, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 6/24/2026. On June 16, 2026, I ordered petitioner Alvino Perez Teodoro to show cause why this case shouldn't be dismissed as moot following his removal from the United States. In response, petitioner's counsel explained the murky circumstances behind Teodoro's attempts to appeal his removal order, but she ultimately conceded that Teodoro did not file a timely appeal that would have stayed his removal. 17 Counsel admits that she "is unable to show cause why this matter should not be dismissed as moot."Based on the record in this case, which show that Teodoro was lawfully deported on June 2, 2026, I DISMISS Teodoro's habeas petition 1 as moot and direct the Clerk of Court to CLOSE THIS CASE.(no image attached) (Copies have been distributed pursuant to the NEF - SLR) (Entered: 06/24/2026)
Jun 24, 2026
Minute Order AND ~Util - Terminate Case

Parties

Perez Teodoro
Party
U.S. Immigration and Customs Enforcement
Party