District of Nevada • 2:26-cv-02010

#1

Jul 02, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jimmy Escobar Nerio.. (Attachments: # 1 Petition WHC)(WJ) (Entered: 07/06/2026)

#2

Jul 06, 2026

NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02010-MMD-NJK. (WJ) (Entered: 07/06/2026)

#3

Jul 06, 2026

ORDER Directing Service and Setting Briefing Schedule. It is therefore ordered that the motion to proceed in forma pauperis (ECF No. 1 ) is granted. It is further ordered that the motion for appointment of counsel (ECF No. 1 -1 at 12-13) is granted. The Federal Public Defender for the District of Nevada (FPD) is appointed to represent Petitioner and is directed to file a notice of appearance (or indicate its inability to represent Petitioner) within seven days of the date of this Order. It is further ordered that if the FPD files a notice of appearance in this matter, it will then have 30 days from the date of this Order to file either (1) an amended petition, or (2) a motion to dismiss the Petition. The FPD must effectuate service of the amended petition on Respondents. It is further ordered that the USAO must file a notice of appearance within seven days of the date of this Order and file and serve their answer to the amended petition, if one is filed, within fourteen days of service of the filing of that amended petition, unless additional time is allowed for good cause shown. Respondents must file any documents referenced or relied upon in their responsive pleading with that pleading. Petitioner will have seven days to file a reply. It is further ordered that Respondents must not transfer Petitioner out of this District. See Order for further details. Signed by Judge Miranda M. Du on 7/6/2026. (Copies have been distributed pursuant to the NEF; A copy of the Petition (ECF No. 1 -1 at 2-11) and this Order distributed as directed - MAM) (Entered: 07/06/2026)

#4

Jul 06, 2026

PETITION for Writ of Habeas Corpus by Jimmy Escobar Nerio. (Filed per 3 Order - MAM) (Entered: 07/06/2026)

Jul 06, 2026

Assign Judges in Civil Case

Jul 06, 2026

Case randomly assigned to District Judge Miranda M. Du and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (WJ)

#5

Jul 13, 2026

NOTICE of Appearance by attorney Katherine A. Tanaka on behalf of Petitioner Jimmy Escobar Nerio. (Tanaka, Katherine) (Entered: 07/13/2026)

#6

Jul 14, 2026

NOTICE of Appearance by attorney Ednin Deyadiris Martinez on behalf of Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin. (Martinez, Ednin) (Entered: 07/14/2026)

#7

Aug 05, 2026

Unopposed MOTION to Extend Time (First Request) to File First Amended Petition re 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,, Order Appointing Counsel,,,,,, by Petitioner Jimmy Escobar Nerio. Responses are due by 8/19/2026. (Tanaka, Katherine) (amend) (Entered: 08/05/2026)

#8

Aug 06, 2026

ORDER granting Unopposed Motion for Extension of Time to file First Amended Petition (ECF No. 7 ). Amended Petition is due by 8/19/2026. Signed by Judge Miranda M. Du on 8/6/2026. (Copies have been distributed pursuant to the NEF - KW) (Entered: 08/06/2026)

#9

Aug 19, 2026

AMENDED PETITION for Writ of Habeas Corpus by Jimmy Escobar Nerio. No changes to parties. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Tanaka, Katherine) (Entered: 08/19/2026)

#10

Sep 02, 2026

NOTICE of Appearance by Russell G. Webb, Assistant United States Attorney appearing for Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Interested Parties USA, United States Immigration Customs Enforcement. (no image attached) (Webb, Russell) (Entered: 09/02/2026)

#11

Sep 02, 2026

Joint STIPULATION FOR EXTENSION OF TIME (First Request) to File a Response to the First Amended Petition for a Writ of Habeas Corpus re 9 Amended Petition for Writ of Habeas Corpus, 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,, Order Appointing Counsel,,,,,, by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Interested Parties USA, United States Immigration Customs Enforcement.. (Webb, Russell) (extend) (answer) (Entered: 09/02/2026)

Sep 02, 2026

Notice of Appearance - AUSA Immigration only

#12

Sep 03, 2026

ORDER granting Joint Stipulation to Extend Federal Respondents' Deadline to file a Response to the First Amended Petition for a Writ of Habeas Corpus ECF No. 9 (ECF No. 11 ). Response to Amended Petition for Writ of Habeas Corpus due by 9/8/2026. Signed by Judge Miranda M. Du on 9/3/2026. (Copies have been distributed pursuant to the NEF - KW)

#13

Sep 08, 2026

MOTION to Dismiss 9 Amended Petition for Writ of Habeas Corpus by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin. Responses are due by 9/22/2026. (Webb, Russell) (Entered: 09/08/2026)

#14

Sep 08, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 9/8/2026. The Court set a briefing schedule for Petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241. (ECF No. 3 .) The statute only affords respondents three days to file a response, while granting the Court discretion to provide more time. See 28 U.S.C. § 2243; see also Clutchette v. Rushen, 770 F.2d 1469 (9th Cir. 1985). Both the statute and the case law clearly direct the Court to address these petitions as urgent and to set a briefing schedule accordingly. See Yong v. I.N.S., 208 F.3d 1116, 1120 (9th Cir. 2000) (The application for the writ usurps the attention and displaces the calendar of the judge or justice who entertains it and receives prompt action from him within the four corners of the application.). The Court therefore denies Respondents motion to dismiss (ECF No. 13 ) as Respondents expressly state the filing is not their response to the Petition that the Court ordered filed today, after granting Respondents an extension of time. (ECF Nos. 13 at 2-3; 3 at 2; 12.) The Court rejects Respondents characterization that they must be afforded 14 additional days from the Courts decision on their motion to dismiss to prepare a responsive pleading, effectively seeking to override the Court's urgent briefing schedule. (Id.) Respondents may assert any defense in their response, including lack of subject matter jurisdiction. The Court sua sponte grants Respondents a one-day extension to file their response to the Petition by Wednesday, September 9. (no image attached) (Copies have been distributed pursuant to the NEF - RIC) (Entered: 09/08/2026)

Sep 08, 2026

Minute Order Terminate Motion AND Order on Motion to Dismiss

#15

Sep 09, 2026

Response

#16

Sep 16, 2026

Reply