District of Nevada • 2:26-cv-01790

#1

Jun 11, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jonathan Jair Hernandez-Retana.. (Attachments: # 1 Petition WHC)(WJ) (Entered: 06/12/2026)

#2

Jun 12, 2026

NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-01790-JAD-BNW. (WJ) (Entered: 06/12/2026)

#3

Jun 12, 2026

TRANSFER ORDER For the foregoing reasons, IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-1790-JAD-BNW to Judge Richard F. Boulware, II. 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 Richard F. Boulware, II and Judge Jennifer A. Dorsey on 6/12/2026. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 06/12/2026)

#4

Jun 12, 2026

CLERK'S NOTICE that this case is directly reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:26-cv-01790-RFB-BNW. (no image attached) (RJDG) (Entered: 06/12/2026)

Jun 12, 2026

Clerks Notice Reassign Judge

Jun 12, 2026

Assign Judges in Civil Case

Jun 12, 2026

Case randomly assigned to District Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (WJ)

#5

Jun 15, 2026

ORDER APPOINTING COUNSEL - IT IS HEREBY ORDERED Petitioner's Motion to Proceed in Forma Pauperis (ECF No. 1 ) is GRANTED. 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. (Ad hoc on 6/16/2026). IT IS FURTHER ORDERED the FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by June 17, 2026. IT IS HEREBY ORDERED Federal Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention. Federal Respondents must PRODUCE these materials to Petitioners Counsel by June 19, 2026. (See Order for details). On or before June 19, 2026, Respondents must file a notice which indicates whether they contend Petitioner is, or is not, a Jacobo- Ramirez Class Member. (See Order for details). On or before June 26, 2026, Petitioner must file an amended petition for a writ of habeas corpus unless the FPD declines to represent Petitioner. IT IS HEREBY ORDERED that Respondents shall not remove Petitioner from the United States District of Nevada, absent leave of Court. The Clerk of Court is kindly INSTRUCTED to: 1. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 1 -1), and this Order, to Counsel for Respondent John Mattos at ahesman@strucklove.com. (Ad hoc on 6/16/2026). 3. MAIL a copy of the Petition (ECF No. 1 -1), and this Order, pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to John Mattos at Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump, NV 89060. (Mailed on 6/16/2026). Signed by Judge Richard F. Boulware, II on 6/15/2026. (Copies have been distributed pursuant to the NEF - GA) Text description - Modified on 6/16/2026 (GA). (Entered: 06/16/2026)

#6

Jun 17, 2026

NOTICE of Appearance by attorney Bethany Balchunas on behalf of Petitioner Jonathan Jair Hernandez-Retana. (Balchunas, Bethany) (Entered: 06/17/2026)

#7

Jun 22, 2026

NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Botros, Tamer) (Entered: 06/22/2026)

#8

Jun 22, 2026

NOTICE Regarding Class Membership by Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, United States Immigration Customs Enforcement re 5 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,, Order Appointing Counsel,,,,,,,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner)(Botros, Tamer) (Entered: 06/22/2026)

#9

Jun 24, 2026

Unopposed MOTION to Extend Time (First Request) re 5 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,, Order Appointing Counsel,,,,,,,, by Petitioner Jonathan Jair Hernandez-Retana. Responses are due by 7/8/2026. (Balchunas, Bethany) (amend) (Entered: 06/24/2026)

#10

Jun 25, 2026

ORDER Granting 9 MOTION to Extend Time (First Request). Amended Petition is due by 7/6/2026. Signed by Judge Richard F. Boulware, II on 6/25/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 06/25/2026)

#11

Jul 02, 2026

Unopposed MOTION to Extend Time (Second Request) re 5 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,, Order Appointing Counsel,,,,,,,, by Petitioner Jonathan Jair Hernandez-Retana. Responses are due by 7/16/2026. (Balchunas, Bethany) (amend) (Entered: 07/02/2026)

#12

Jul 06, 2026

ORDER Granting 11 Motion to Extend Time. Amended Petition is due by 7/13/2026. Signed by Judge Richard F. Boulware, II on 7/6/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 07/07/2026)

#13

Jul 13, 2026

Unopposed MOTION to Extend Time (Third Request) to File Amended Petition re 5 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,, Order Appointing Counsel,,,,,,,, by Petitioner Jonathan Jair Hernandez-Retana. Responses are due by 7/27/2026. (Balchunas, Bethany) (amend) (Entered: 07/13/2026)

#14

Jul 14, 2026

ORDER Granting 13 Unopposed Motion for Extension of Time to File Amended Petition. Amended Petition is due by 7/17/2026. Signed by Judge Richard F. Boulware, II on 7/14/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 07/14/2026)

#15

Jul 17, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Jonathan Jair Hernandez-Retana. No changes to parties. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2) (Balchunas, Bethany) (Entered: 07/17/2026)

#16

Jul 17, 2026

NOTICE of Manual Filing by Petitioner Jonathan Jair Hernandez-Retana re 15 Amended Petition for Writ of Habeas Corpus. Object: USB, Volume(s): 1, Description: Exhibit 1 of Bond Hearing and Exhibit 2 of Removal Hearing, manually filed with the Clerk's Office. Notice of Manual Filing (Petitioner's Exhibits 1 and 2 - Audio) (Balchunas, Bethany) (Entered: 07/17/2026)

#17

Jul 20, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/20/2026.Before the Court is Mr. Jonathan Jair Hernandez-Retana's First Amended 28 U.S.C. § 2241 Petition (ECF No. 15 ). The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 8 ), and preliminarily finds that Mr. Hernandez-Retana may be entitled to habeas relief under the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, and/or Jacobo Ramirez v. Mullin, --- F. Supp. 3d. ---, 2026 WL 879799 (D. Nev. Mar. 30, 2026).Therefore, Respondents are ORDERED TO SHOW CAUSE for Petitioner's detention. See 28 U.S.C.§ 2243. Specifically, Respondents must file a "return certifying the true cause of detention" on or before July 22, 2026. In doing so, Respondents should not re-argue their faulty interpretation of 8 U.S.C. § 1225(b)(2)(A), as this issue has already been litigated in, and decided by, this Court. See generally Jacobo Ramirez, 2026 WL 879799 (D. Nev. Mar. 30, 2026). With that being said, Respondents may reference their prior briefing on this issue for appellate purposes. Finally, if Respondents intend to rely on a separate source of detention authority, they must identify it in their return.IT IS FURTHER ORDERED Petitioner has up to, and including, July 27, 2026, to reply.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 07/20/2026)

Jul 20, 2026

Minute Order

#18

Jul 22, 2026

NOTICE Federal Respondents Supplemental Notice Regarding Class Membership (ECF No. 1-1) by Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 17 Minute Order,,,,,,. (Botros, Tamer) (Entered: 07/22/2026)

#19

Jul 23, 2026

REPLY to 15 Amended Petition for Writ of Habeas Corpus by Petitioner Jonathan Jair Hernandez-Retana. (Balchunas, Bethany) (Entered: 07/23/2026)

#20

Jul 31, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/31/2026. This Court ordered Respondents file a "return certifying the true cause of detention" on or before July 22, 2026. See ECF No. 17. Prior to that, the Court ordered the following: "If Respondents contend that Petitioner is not a class member, then [Respondents] must identify the statutory authority which authorizes Petitioner's detention." ECF No. 5 at 4. In their subsequent filings, Respondents have asserted Petitioner is not a Class Member and made mention of both 8 U.S.C. §§ 1225 and 1226, without clearly indicating which specific statutory provision they allege authorizes Petitioner's detention and why. See generally ECF Nos. 8, 18. Thus, the Court once more ORDERS Respondents to, on or before August 3, 2026, file a "return certifying the true cause of detention," i.e., a filing asserting Respondents' position on which of the INA's statutory detention provisions applies and authorizes Petitioner's detention, if any. (Copies have been distributed pursuant to the NEF - CMB) (Entered: 07/31/2026)

Jul 31, 2026

Minute Order

#21

Aug 03, 2026

NOTICE Federal Respondents Second Supplemental Notice Regarding Class Membership (ECF No. 1-1) by Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 20 Minute Order,,,,. (Botros, Tamer) (Entered: 08/03/2026)

#22

Aug 07, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/7/2026.Federal Respondents are ORDERED TO SHOW CAUSE why this Court should not strike their 21 Supplemental Notice for failure to comply with this Court's Order (ECF No. 20) by 9:00 A.M. Monday, August 10, 2026. Upon its review, the Court finds the 21 Supplemental Notice is identical to the 18 Notice that prompted the Court's order for necessary clarification. Twice now, Respondents have failed to answer this Court's mandate to "certify the true cause of [Petitioner's] detention," i.e., "clearly indicat[e] which specific statutory provision they allege authorizes Petitioner's detention and why." ECF Nos. 5, 17, 20; 28 U.S.C. § 2243. There are "[f]our statutes" that authorize the government "to detain non-citizens who have been placed in removal proceedings: 8 U.S.C. §§ 1225(b), 1226(a), 1226(c), and 1231(a)." Avilez v. Garland, 69 F.4th 525, 529 (9th Cir. 2023) (footnotes omitted) (citation modified). Thus, when ordered to file a "return certifying the true cause of detention," pursuant to 28 U.S.C. § 2243, in a case where the government is detaining a noncitizen who has been placed in removal proceedings, Federal Respondents must explicitly state which of these provisions (or, when appropriate, which subsection thereof) authorizes a given noncitizen's detention and explain why the respective provision applies to the particular noncitizen. The Court will not--and it would be improper to--speculate as to Respondents' legal position.The Court's orders directing the government to respond in this matter, and others like it, are clear. Thus, a failure by Respondents to respond as ordered will be deemed an intentional waiver of any argument asserting a lawful basis for detention and may also be considered a violation of the Court's order. Such waiver or failure to respond to the Court's order(s) may result in appropriate remedial action by the Court, including immediate granting of the writ, the striking of filings, and/or sanctions imposed on the parties or counsel.(Copies have been distributed pursuant to the NEF - CMB) (Entered: 08/07/2026)

Aug 07, 2026

Minute Order

#23

Aug 09, 2026

RESPONSE to 22 Minute Order,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, Interested Party United States Immigration Customs Enforcement. (Botros, Tamer) (Entered: 08/09/2026)

#24

Aug 09, 2026

Motion for Leave to Transfer Petitioner Out of District of Nevada re 5 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,, Order Appointing Counsel,,,,,,,, by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, Interested Parties USA, United States Immigration Customs Enforcement. Responses are due by 8/23/2026. (Botros, Tamer) Modified on 8/10/2026 (WJ). (Entered: 08/09/2026)

#25

Aug 10, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/10/2026. The Court is in receipt of Federal Respondents' latest filings: ECF Nos. 23 and 24 . By August 13, 2026, Petitioner is HEREBY ORDERED to file: (1) a Reply to Federal Respondents' 23 Response to this Court's August 7, 2026, Order to Show Cause (ECF No. 22), and (2) a Response to Federal Respondents' 24 Motion for Leave to Transfer Petitioner out of the District of Nevada.Parties are reminded that the Court's prior orders, including those pertaining to transfer, remain in full effect pending further order of the Court. See generally Order Appointing Counsel, ECF No. 5 . (Copies have been distributed pursuant to the NEF - CMB) (Entered: 08/10/2026)

Aug 10, 2026

Minute Order

#26

Aug 13, 2026

REPLY to 25 Minute Order,,, 23 Response by Petitioner Jonathan Jair Hernandez-Retana. (Balchunas, Bethany) (Entered: 08/13/2026)

#27

Aug 13, 2026

RESPONSE to 24 Petition to transfer, by Petitioner Jonathan Jair Hernandez-Retana. (Balchunas, Bethany) Modified on 8/13/2026 (WJ). (Entered: 08/13/2026)

#28

Sep 09, 2026

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS Therefore, IT IS HEREBY ORDERED Petitioner's Amended Petition (ECF No. 15 ) is GRANTED. Respondents must RELEASE Petitioner from detention on September 10, 2026, between the hours of 12:00 P. M. and 3:00 P.M. Counsel for Petitioner-and/or their agent-must be permitted to wait for Petitioner in the lobby of the Federal Justice Tower during this release window. IT IS FURTHER ORDERED Respondents' Transfer Motion (ECF No. 24 ) is DEN IED AS MOOT. IT IS FURTHER ORDERED Petitioner must be released on his own recognizance. Thus, Respondents are prohibited from imposing release conditions that substantially interfere with Petitioner's liberty, such as electronic monitoring, w ithout having established the reasonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. IT IS FURTHER ORDERED Respondents must RETURN Petitioner's personal property, including personal identificatio n and employment authorization documents, UPON HIS RELEASE. IT IS FURTHER ORDERED the Parties must file a joint status report by September 11, 2026, confirming Respondents' compliance with this Order including (i) the date and time of Petitio ner's release; (ii) compliance with this Court's directives concerning release on personal recognizance; and (iii) the return of Petitioner's personal property. The Court will consider contempt sanctions against any, and all, offici als who fail to comply with this Order. The Clerk of Court is kindly instructed to enter judgment accordingly and close this case.The Court retains jurisdiction to enforce its order and judgment. To that end, Petitioner may moveto re-open this case without filing a new action. Signed by Judge Richard F. Boulware, II on 9/9/2026. (Copies have been distributed pursuant to the NEF - RJDG)

#29

Sep 09, 2026

Judgment

#30

Sep 11, 2026

Status Report