District of Nevada • 2:26-cv-01699

Alberte v. Blanche

Active

Case Information

Filed: June 05, 2026
Assigned to: Gloria Maria Navarro
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: October 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 05, 2026
SEALED on 6/5/26 per 3 Order. MOTION/APPLICATION for Leave to Proceed in forma pauperis.. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Motion for Appointment of Counsel)(HAM) Modified on 6/8/2026. (RJDG) (Entered: 06/05/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Jun 05, 2026
NOTICE from USDC advising case against Pamela Bondi, et al., has been received and assigned case number 2:26-cv-01699-GMN-EJY. (HAM) (Entered: 06/05/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Jun 05, 2026
SERVICE AND APPOINTMENT OF COUNSEL ORDER ORDERED that the IFP application (ECF No. 1 ) is GRANTED. ORDERED that the Motion for Counsel (ECF No. 1 -2 is GRANTED. ORDERED 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 3 days of the date of this order(6/8/2026). FURTHER ORDERED that Federal Respondents must PRODUCE the following documents (see PDF Order for specifics)to Petitioners Counsel within 7 days of the date of this Order (6/12/2026).IT IS FURTHER ORDERED that Petitioners Counsel must file an Amended Petition(or indicate that an amended petition is unnecessary) within 14 days of the date of this Order (6/20/2026).The Federal Public Defender shall effectuate service of the Amended Petition on theRespondents. IT IS FURTHER ORDERED that the Clerk of Court: 1.SEAL the IFP Application, Petition, and Motion for Appointment of Counsel (ECF No. 1, 1-1, 1-2), due to the personal-data identifiers and/or sensitive information contained therein2.FILE a redacted copy of the IFP Application, Petition, and Motion for Appointment of Counsel on the docket. 3.ADD the United States Attorneys Office for the District of Nevada to the docket as an Interested Party. 4. 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.5. MAIL a copy of the Petition (ECF No. 1-1) and this Order pursuant to Rule4(i)(2) of the Federal Rules of Civil Procedure to John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. The Clerk of Court is kindly directed to send, through CM/ECF, a copy of the Petition and Order to his attorney Ashley Hesman at ahesman@strucklove.com. IT IS FURTHER ORDERED that the United States Attorney's Office for the District of Nevada 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 counseled Amended Petition, unless additional time is allowed for good cause shown. Petitioner will then have 7 days to file a reply.IT IS FURTHER ORDERED that in order to maintain jurisdiction and provide a prompt resolution, the Respondents shall not transfer Petitioner out of this District unless the Court grants a motion or stipulation to modify this order. Signed by Judge Gloria M. Navarro on 6/5/2026. (Copies have been distributed pursuant to the NEF - DRM) Modified on 6/8/2026 (DRM). (Entered: 06/05/2026)
Main Document: Order AND Order on Motion/Application to Proceed In Forma Pauperis
#4
Jun 05, 2026
REDACTED MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Sanchez Alberte. (Redacted per # 3 Order.) (DRM) (Entered: 06/05/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#5
Jun 05, 2026
REDACTED PETITION for Writ of Habeas Corpus by Jose Sanchez Alberte. (Redacted per # 3 Order.) (DRM) (Entered: 06/05/2026)
Main Document: Petition Writ of Habeas Corpus
#6
Jun 05, 2026
REDACTED MOTION for Appointment of Counsel by Petitioner Jose Sanchez Alberte. (Redacted per # 3 Order.) (DRM) (Entered: 06/05/2026)
Main Document: Motion Appointment of Counsel
#7
Jun 05, 2026
REDACTED Version of Filed Document as to 3 Order, by Petitioner Jose Sanchez Alberte. (Attachments: # 1 Redacted 1 -1 Petition for Writ of Habeas Corpus, # 2 Redacted 1 -1 Motion for Appointment of Counsel)(RJDG) (Entered: 06/08/2026)
Main Document: Redacted Version of Filed Document
Jun 05, 2026
Assign Judges in Civil Case
Jun 05, 2026
Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (HAM)
#8
Jun 08, 2026
NOTICE of Appearance by attorney Dawn Penn on behalf of Petitioner Jose Sanchez Alberte. (Penn, Dawn) (Entered: 06/08/2026)
Main Document: Notice Appearance of Counsel
#9
Jun 12, 2026
NOTICE of Appearance by attorney Martin Mayer on behalf of Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem. (Mayer, Martin) (Entered: 06/12/2026)
Main Document: Notice Appearance of Counsel
#10
Jun 22, 2026
STIPULATION FOR EXTENSION OF TIME (First Request) to File Amended Petition by Petitioner Jose Sanchez Alberte.. (Penn, Dawn) (extend) (presiding) (Entered: 06/22/2026)
Main Document: Stipulation
#11
Jun 23, 2026
ORDER Granting 10 Stipulation. Amended Petition is due by 6/25/2026. Signed by Judge Gloria M. Navarro on 6/23/2026. (Copies have been distributed pursuant to the NEF - DLS)
Main Document: Order AND Order on Stipulation
#12
Jun 25, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Jose Sanchez Alberte. Adds new parties. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Penn, Dawn) (Entered: 06/25/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#13
Jul 02, 2026
Unopposed MOTION to Extend Time (First Request) for Federal Respondents to File a Response to First Amended Petition re 12 Amended Petition for Writ of Habeas Corpus, 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,,,,,, by Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem. Responses are due by 7/16/2026. (Mayer, Martin) (presiding) (Entered: 07/02/2026)
Main Document: Motion Extend/Shorten Time
#14
Jul 06, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 7/6/2026. Pending before the Court is Federal Respondents' 13 Unopposed Motion for Extension of Time to File a Response to Amended Petition. For good cause appearing, IT IS HEREBY ORDERED that the 20 Motion to Extend Time is GRANTED. The deadline for Respondents to file a response to the Amended Petition is July 6, 2026.(Copies have been distributed pursuant to the NEF - ANH) (Entered: 07/06/2026)
#15
Jul 06, 2026
Unopposed MOTION to Extend Time (Second Request) for Extension of Time for Federal Respondents to File a Response to First Amended Petition re 14 Order on Motion to Extend/Shorten Time,, Minute Order, by Respondents Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin. Responses are due by 7/20/2026. (Mayer, Martin) (presiding) (Entered: 07/06/2026)
Main Document: Motion Extend/Shorten Time
Jul 06, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#16
Jul 07, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 7/7/2026. Pending before the Court is Respondents' 15 Motion for Extension of Time to File a Response to Amended Petition. For good cause appearing, IT IS HEREBY ORDERED that the 15 Motion to Extend Time is GRANTED. The deadline for Respondents to file a response to the Amended Petition is July 10, 2026.(Copies have been distributed pursuant to the NEF - ANH) (Entered: 07/07/2026)
Jul 07, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#17
Jul 10, 2026
RESPONSE to 12 Amended Petition for Writ of Habeas Corpus by Respondents Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit A)(Mayer, Martin) (Entered: 07/10/2026)
Main Document: Response
#18
Jul 16, 2026
REPLY to 17 Response by Petitioner Jose Sanchez Alberte. (Penn, Dawn) (Entered: 07/16/2026)
Main Document: Reply
Oct 16, 2026
Notice of Appearance - AUSA Immigration only
#20
Oct 22, 2026
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS IT IS HEREBY ORDERED that Petitioner's First Amended Petition, (ECF No. 12 ), is GRANTED. IT IS FURTHER ORDERED that Petitioner must be released from detention no later than October 26, 20 26, between the hours of 12:00 P.M. and 3:00 P.M. under reasonable terms of supervision set forth in 8 U.S.C. § 1231(a)(3). Counsel for Petitioner (or their designee/agent) will be permitted to wait in the Federal Justice Tower lobby during the release window. Determining reasonable terms of supervision shall not in any way impede the immediate release of Petitioner. IT IS FURTHER ORDERED that the parties must file a JOINT Status Report by October 27, 2026, to certify compliance with the Court's order, including the date and time of Petitioner's release. IT IS FURTHER ORDERED that Respondents are prohibited from re-detaining Petitioner in the future absent proof of changed circumstances making his removal reasonably for eseeable. IT IS FURTHER ORDERED that Respondents are prohibited from removing Petitioner to a third country without providing Petitioner with adequate notice of intent to seek removal to a third country and due process in the form of an opportunit y to seek to reopen Petitioner's immigration court proceedings to seek fear-based relief from removal. IT IS FURTHER ORDERED that Counsel for Respondents is directed to immediately provide notice of this Order to the parties they represent. The Clerk of Court is kindly directed to enter judgment in favor of Petitioner. Signed by Judge Gloria M. Navarro on 10/22/2026. (Copies have been distributed pursuant to the NEF - RJDG)
Main Document: Order
#21
Oct 23, 2026
Judgment
Main Document: Judgment
#22
Oct 27, 2026
Status Report
Main Document: Status Report
Oct 28, 2026
Minute Order

Parties

Alberte
Party
Bondi
Party