District of Nevada • 2:26-cv-01877

Eduardo Javier Gonzalez-Silva v. Todd Blanche

Active

Case Information

Filed: June 22, 2026
Assigned to: Richard Franklin Boulware II
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: July 31, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 22, 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 Class Action) (WJ) (Entered: 06/23/2026)
Main Document: Receipt Initiating Documents
#2
Jun 23, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-01877-RFB-EJY. (WJ) (Entered: 06/23/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Jun 23, 2026
ORDER APPOINTING COUNSEL - IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an application to proceed in forma pauperis (IFP Application), by July 7, 2026. The Clerk of Court is kindly instructed to ATTACH a copy of the Court's standard IFP Application to this Order. (Sent on 6/23/2026). IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada (FPD) is APPOINTED to represent Petitioner. The Clerk is further instructed to SEND a copy of this Order to the FPD and CJA Coordinator for this division. (Ad hoc on 6/23/2026). IT IS FURTHER ORDERED the FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by June 25, 2026. IT IS HEREBY ORDERED Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention. (See Order for details). Respondents must PRODUCE these materials to Petitioner's Counsel by June 26, 2026. IT IS HEREBY ORDERED the following parameters will govern in this case: On or before July 1, 2026, Federal Respondents must file a notice which indicates whether they contend Petitioner is, or is not, a Jacobo-Ramirez Class Member. On or before July 7, 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 6/23/2026). 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 6/23/2026). Signed by Judge Richard F. Boulware, II on 6/23/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 06/23/2026)
Main Document: Order
Attachment 1: IFP Form with Instructions
Jun 23, 2026
Case randomly assigned to District Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (WJ)
Jun 23, 2026
Assign Judges in Civil Case
#4
Jun 25, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#5
Jun 29, 2026
Notice Other
Main Document: Notice Other
Jun 29, 2026
Withdraw Counsel
Jun 29, 2026
Attorney update in case: Attorney Kate Berry withdrawn from the case. (Irvin, Sylvia)
#6
Jun 30, 2026
Motion/Application Leave to Proceed In Forma Pauperis
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#7
Jun 30, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#8
Jul 01, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/1/2026.Before the Court are Petitioner's motions to proceed in forma pauperis (ECF No. 6 ) and to extend time (ECF No. 7 ). For the following reasons, the Court grants both motions.First, the Court has reviewed Petitioner's financial information, see generally Mot. for Leave to Proceed in Forma Pauperis, ECF No. 6, and finds that he should not be required to pay the filing fee for this matter. See 28 U.S.C. § 1915(a). Therefore, IT IS HEREBY ORDERED Petitioner's Motion to Proceed in Forma Pauperis (ECF No. 6 ) is GRANTED.Second, the Court finds good cause to afford Petitioner more time to file his amended petition, as Petitioner's Counsel needs additional time to develop his claims and Respondents do not oppose this request. See Mot. to Extend 1-2, ECF No. 7 (June 30, 2026). Therefore, IT IS HEREBY ORDERED Petitioner's Motion to Extend Time (ECF No. 7 ) is GRANTED. Petitioner now has up to, and including, July 14, 2026, to file his amended petition for a writ of habeas corpus.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 07/01/2026)
#9
Jul 01, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#10
Jul 01, 2026
Notice Other
Main Document: Notice Other
Jul 01, 2026
Minute Order AND Order on Motion to Extend/Shorten Time AND Order on Motion/Application to Proceed In Forma Pauperis
#11
Jul 14, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#12
Jul 14, 2026
Notice Manual Filing
Main Document: Notice Manual Filing
#13
Jul 15, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/15/2026.Before the Court is Mr. Eduardo Javier Gonzalez Silva's First Amended Petition for Writ of Habeas Corpus (ECF No. 11 ). The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 10 ), and preliminarily finds that Mr. Gonzalez Silva may be entitled to habeas relief under: (i.) Jacobo Ramirez v. Mullin, --- F. Supp. 3d ---, 2026 WL 879799 (D. Nev. Mar. 30, 2026); (ii.) the Immigration and Nationality Act; and (iii.) the Due Process Clause of the Fifth Amendment.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 20, 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 Respondents must file a supplement which answers the following interrogatories under oath, see Rule 7, Rules Governing § 2254 Proceedings in the United States District Courts: (1.) Was Petitioner arrested pursuant to a lawfully executed, and served, administrative warrant pursuant to 8 C.F.R. § 236.1(b)? (2.) Was an initial custody determination conducted as to Petitioner pursuant to 8 C.F.R. § 236.1(c)(8)? (3.) Was a Form I-286 Notice of Custody Determination served on Petitioner pursuant to 8 C.F.R. § 236.1(g)? Respondents must file this supplement alongside their return, i.e. by July 20, 2026.IT IS FURTHER ORDERED Petitioner has up to, and including, July 23, 2026, to reply.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 07/15/2026)
Jul 15, 2026
Minute Order
#14
Jul 20, 2026
Notice Other
Main Document: Notice Other
#15
Jul 21, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#16
Jul 21, 2026
Response
Main Document: Response
#17
Jul 23, 2026
Reply
Main Document: Reply
#18
Jul 29, 2026
Order
Main Document: Order
#19
Jul 29, 2026
Judgment
Main Document: Judgment
#20
Jul 31, 2026
Status Report
Main Document: Status Report

Parties

Eduardo Javier Gonzalez-Silva
Party
Todd Blanche
Party