Completed
Case Information
Filed: June 09, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Daniel J. Albregts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 28, 2026
Last Activity:
September 01, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 09, 2026
RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: # 1 Petition for Writ of Habeas Corpus) (HAM) (Entered: 06/09/2026)
Main Document:
Receipt Initiating Documents
#2
Jun 09, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-01753-JAD-DJA. (HAM) (Entered: 06/09/2026)
Main Document:
Advisory Letter Habeas only - FORM
Jun 09, 2026
Assign Judges in Civil Case
Jun 09, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (HAM)
#3
Jun 16, 2026
ORDER APPOINTING COUNSEL and SERVICE OF 28 U.S.C. § 2241 PETITION. IT IS THEREFORE ORDERED that the Federal Public Defender (FPD) for the District of Nevada is appointed to represent the petitioner and is directed to file a notice of appearance within 7 days of the date of this order. If the FPD files a notice of appearance in this matter, it will then have 14 days to file (1) a motion to proceed IFP or pay the $5 filing fee on behalf of the petitioner and (2) an amended petition, or (3) a motion to dismiss the petition. The FPD must effectuate service of the amended petition on the respondents. IT IS FURTHER ORDERED that the United States Attorney's Office for the District of Nevada must 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. The respondents must file any documents referenced or relied upon in their responsive pleading with that pleading. Petitioner will have 7 days to file a reply. IT IS FURTHER ORDERED that the respondents must not transfer the petitioner out of this district, with the exception of effectuating the petitioner's lawful deportation. In the event of lawful deportation, the respondents' counsel must file a notice with the court within 5 days from deportation. See Order for further details. Signed by Judge Jennifer A. Dorsey on 6/16/2026. (Copies have been distributed pursuant to the NEF; CC: A copy of the petition (ECF No. 1 -1) and this order distributed as directed - MAM) (Entered: 06/16/2026)
Main Document:
Order Appointing Counsel
#4
Jun 16, 2026
NOTICE of Appearance by attorney Christian Michael Orme on behalf of Respondent Reggie Radar. (Orme, Christian) (Entered: 06/16/2026)
Main Document:
Notice Appearance of Counsel
#5
Jun 23, 2026
NOTICE of Appearance by attorney Wendi L Overmyer on behalf of Petitioner Hugo Enrique Q. Lux. (Overmyer, Wendi) (Entered: 06/23/2026)
Main Document:
Notice Appearance of Counsel
#6
Jun 23, 2026
NOTICE of Appearance by attorney Martin Mayer on behalf of Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Mayer, Martin) (Entered: 06/23/2026)
Main Document:
Notice Appearance of Counsel
#7
Jul 07, 2026
Unopposed MOTION to Extend Time (First Request) re 3 Order Appointing Counsel,,,,,, by Petitioner Hugo Enrique Q. Lux. Responses are due by 7/21/2026. (Overmyer, Wendi) (amend) (Entered: 07/07/2026)
Main Document:
Motion Extend/Shorten Time
#8
Jul 08, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 7/8/2026. The petitioner seeks a 14-day extension of time to file his amended habeas petition. 7 The respondents do not oppose. With good cause appearing, the motion is GRANTED. Petitioner's amended petition is now due July 21, 2026. (Copies have been distributed pursuant to the NEF - MH) (Entered: 07/08/2026)
Jul 08, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#9
Jul 21, 2026
MOTION to Extend Time (Second Request) re 8 Order on Motion to Extend/Shorten Time,, Minute Order, by Petitioner Hugo Enrique Q. Lux. Responses are due by 8/4/2026. (Overmyer, Wendi) (amend) (Entered: 07/21/2026)
Main Document:
Motion Extend/Shorten Time
#10
Jul 22, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 7/22/2026. The petitioner seeks an extension of time to file his amended habeas petition. 9 The respondents do not oppose. With good cause appearing, the motion is GRANTED. Petitioner's amended petition is now due July 23, 2026. (Copies have been distributed pursuant to the NEF - MH) (Entered: 07/22/2026)
Jul 22, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#11
Jul 23, 2026
AMENDED PETITION for Writ of Habeas Corpus by Hugo Enrique Q. Lux. Adds new parties. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P) (Overmyer, Wendi) (Entered: 07/23/2026)
Main Document:
Petition Writ of Habeas Corpus Amended
#12
Jul 23, 2026
EXHIBIT Index to 11 Amended Petition for Writ of Habeas Corpus, by Petitioner Hugo Enrique Q. Lux. (Overmyer, Wendi) (Entered: 07/23/2026)
Main Document:
Exhibit
#13
Jul 23, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Hugo Enrique Q. Lux.. (Overmyer, Wendi) (Entered: 07/23/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#14
Jul 23, 2026
NOTICE of Manual Filing by Petitioner Hugo Enrique Q. Lux re 11 Amended Petition for Writ of Habeas Corpus, 12 Exhibit. Object: Flash Drive, Volume(s): 1 Vol, Description: Audio Hearing, manually filed with the Clerk's Office. (Overmyer, Wendi) (Entered: 07/23/2026)
Main Document:
Notice Manual Filing
#15
Jul 29, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 7/29/2026. IT IS HEREBY ORDERED that the petitioner's motion to proceed in forma pauperis 13 is GRANTED. Petitioner may proceed without paying the $5 filing fee for this action. (Copies have been distributed pursuant to the NEF - MH) (Entered: 07/29/2026)
Jul 29, 2026
Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis
#16
Jul 30, 2026
Unopposed MOTION to Extend Time (First Request) for Federal Respondents to File a Response to Amended Petition for Writ of Habeas Corpus, ECF No. 11 re 11 Amended Petition for Writ of Habeas Corpus, 3 Order Appointing Counsel,,,,,, by Respondents Michael Bernacke, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. Responses are due by 8/13/2026. (Mayer, Martin) (presiding) (Entered: 07/30/2026)
Main Document:
Motion Extend/Shorten Time
#17
Aug 04, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/4/2026. The federal respondents move for a ten-day extension of time to file their response to the petitioner's amended habeas petition. 16 The petitioner does not oppose. With good cause appearing, that motion is GRANTED. The response to the amended petition is now due by August 10, 2026. (Copies have been distributed pursuant to the NEF - MH) (Entered: 08/04/2026)
Aug 04, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#18
Aug 10, 2026
RESPONSE to 11 Amended Petition for Writ of Habeas Corpus, by Respondents Michael Bernacke, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (Attachments: # 1 Exhibit A)(Mayer, Martin) (Entered: 08/10/2026)
Main Document:
Response
#19
Aug 14, 2026
TRANSFER ORDER. IT IS HEREBY ORDERED that the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-01753-JAD-DJA to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. All further documents must bear the correct case number 2:26-cv-01753-RFB-DJA. Signed by Judge Jennifer A. Dorsey and Judge Richard F. Boulware, II on 8/14/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 08/14/2026)
Main Document:
Order Reassign Judge
#20
Aug 17, 2026
Unopposed MOTION to Extend Time (First Request) re 3 Order Appointing Counsel,,,,,, 18 Response by Petitioner Hugo Enrique Q. Lux. Responses are due by 8/31/2026. (Overmyer, Wendi) (referral) (Entered: 08/17/2026)
Main Document:
Motion Extend/Shorten Time
#21
Aug 18, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/18/2026. IT IS HEREBY ORDERED Petitioner's 20 (Unopposed) Motion to Extend Time is GRANTED based upon the Court's finding of good cause. Petitioner's deadline to file a reply is now August 21, 2026. (Copies have been distributed pursuant to the NEF - CMB) (Entered: 08/18/2026)
Aug 18, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#22
Aug 21, 2026
REPLY to 11 Amended Petition for Writ of Habeas Corpus, 18 Response, 21 Order on Motion to Extend/Shorten Time,, Minute Order, by Petitioner Hugo Enrique Q. Lux. (Overmyer, Wendi) (Entered: 08/21/2026)
Main Document:
Reply
#23
Aug 28, 2026
ORDER GRANTING WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED Petitioner's Amended Petition for Writ of Habeas Corpus (ECF No. 11 ) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal r ecognizance on August 29, 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 Respon dents are PROHIBITED from imposing release conditions that substantially interfere with Petitioner's liberty, such as electronic monitoring, without having established the reasonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. If Federal Respondents impose release conditions in violation of this Order, the Court will consider contempt sanctions against the agency officials responsible. IT IS FURTHER ORDERED Respondents must return Petitione r's personal property, including any personal identification and employment authorization documents, UPON HIS RELEASE. If Federal Respondents fail to do so, the Court will consider contempt sanctions against the agency officials responsible. IT IS FURTHER ORDERED Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED Respondents may not re-detain Petitioner during the pendency of his current removal proceedings u ntil after an immigration court hearing is held, with adequate notice, to determine whether detention is appropriate under the INA and its implementing regulations. To the extent the government seeks to detain Petitioner under 8 U.S.C. §1226(a) , it bears the burden of establishing that detention is appropriate by clear and convincing evidence. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by September 1, 2026 confirming Respondents' compliance with thi s Order, including: (i) the date and time of Petitioners release; (ii) compliance with this Courts directives concerning release on personal recognizance; and (iii) the return of Petitioners personal property. The Clerk of Court is kindly instruct ed 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 8/28/2026. (Copies have been distributed pursuant to the NEF - DLS)
#24
Aug 28, 2026
JUDGMENT entered pursuant to 23 Order. Signed by Clerk of Court Debra K. Kempi on 8/28/2026. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 08/28/2026)
Main Document:
Judgment
#25
Sep 01, 2026
Status Report
Main Document:
Status Report
Parties
Blanche
Party
Lux
Party