District of Nevada • 2:26-cv-02192

#1

Jul 20, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Valencia Rafael Marcial. (Attachments: # 1 Petition for Writ of Habeas Corpus)(HAM) (Entered: 07/21/2026)

#2

Jul 21, 2026

NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02192-JAD-EJY. (HAM) (Entered: 07/21/2026)

#3

Jul 21, 2026

ORDER GRANTING IFP APPLICATION, DIRECTING SERVICE, APPOINTING COUNSEL, AND SETTING A BRIEFING SCHEDULE. IT IS ORDERED that the 1 motion for leave to proceed IFP is GRANTED. IT IS FURTHER ORDERED that 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 7 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 14 days to file an amended petition (or to indicate that an amended petition is unnecessary). IT IS FURTHER ORDERED that the Clerk of Court is directed to: 1. FILE the 1 -1 petition. 2. SEND a copy of the 1 -1 petition and this order to the FPD at ecf_nvchu@fd.org, the petitioner, and the CJA Coordinator for this division. 3. ADD the United States Attorneys' Office for the District of Nevada (USAO) to the docket as an Interested Party. Under the District of Nevada's General Order 2026-03 (Feb. 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 4. MAIL a copy of the 1 -1 petition and this order under Rule 4(i)(2) of the Federal Rules of Civil Procedure to John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 5. SEND a courtesy copy of the 1 -1 petition and this order to Ashley Hesman (Mattos's attorney) at ahesman@strucklove.com. IT IS FURTHER ORDERED that the USAO 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 petitioners counseled amended petition. 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. See order for further details. Signed by Judge Jennifer A. Dorsey on 7/21/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 07/21/2026)

#4

Jul 21, 2026

PETITION for Writ of Habeas Corpus by Valencia Rafael Marcial. Filed on 7/21/26 per 3 Service Order. (AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 07/21/2026)

Jul 21, 2026

Assign Judges in Civil Case

Jul 21, 2026

Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (HAM)

#5

Jul 28, 2026

NOTICE of Appearance by attorney James Sweetin on behalf of Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Sweetin, James) (Entered: 07/28/2026)

#6

Jul 28, 2026

NOTICE of Appearance by attorney Ubong Akpan on behalf of Petitioner Valencia Rafael Marcial. (Akpan, Ubong) (Entered: 07/28/2026)

#7

Aug 11, 2026

Unopposed MOTION to Extend Time (First Request) re 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,, by Petitioner Valencia Rafael Marcial. Responses are due by 8/25/2026. (Akpan, Ubong) (amend) (Entered: 08/11/2026)

#8

Aug 13, 2026

NOTICE of Class Membership by Valencia Rafael Marcial re 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Akpan, Ubong) (Entered: 08/13/2026)

#9

Aug 13, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Valencia Rafael Marcial. Adds new parties. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Akpan, Ubong) (Entered: 08/13/2026)

#10

Aug 13, 2026

Notice Manual Filing

#11

Aug 14, 2026

TRANSFER ORDER. IT IS ORDERED that the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02192-JAD-EJY 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-02192-RFB-EJY. 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)

#12

Aug 14, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/14/2026. As a preliminary matter, Petitioner's 7 Unopposed Motion to Extend Time is GRANTED nunc pro tunc, based upon this Court's finding of good cause. The Court has reviewed the First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 9 ), as well as Petitioner's Notice Regarding Class Membership (ECF No. 8 ), and preliminarily finds that Petitioner may be entitled to habeas relief under the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, and Jacobo-Ramirez v. Mullin, No. 2:25-cv-02136-RFB-BNW, 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 August 19, 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, and decided, by this Court and the Ninth Circuit. See generally Jacobo-Ramirez, 2026 WL 879799 (D. Nev. Mar. 30, 2026); Rodriguez Vazquez v. Bostock, --- F.4th ---, 2026 WL 2196424 (9th Cir. July 30, 2026). Finally, if Respondents intend to rely on a separate source of detention authority, they must identify it in their return and explain why the respective provision applies to the particular noncitizen. The Court will not speculate as to Respondents' legal position. As the Court's Order directing a response is clear, a failure by Respondents to properly respond to the Order will be deemed an intentional waiver of any argument as to a lawful basis for detention and may also be considered a violation of the Court's Order. Such a waiver or failure to respond to the Court's Order may result in appropriate remedial action by the Court including granting of the writ forthwith, the striking of filings, and/or sanctions imposed on the parties or counsel. See 28 U.S.C.§ 2243. IT IS FURTHER ORDERED that, alongside their return, Respondents must file sworn answers to the following interrogatories: (1.) was Petitioner arrested pursuant to a lawfully executed and served administrative warrant under 8 C.F.R. § 236.1(b); (2.) was an initial custody determination conducted as to Petitioner under 8 C.F.R. § 236.1(c)(8); (3.) was a Form I-286, Notice of Custody Determination served to Petitioner under 8 C.F.R. § 236.1(g). Respondents must further attach the following documents to their answers, or certify those documents are not in their possession, custody, or control: (1) Form I-200 Warrant for Arrest of Alien; (2) Form I-286 Notice of Initial Custody Determination.IT IS FURTHER ORDERED Petitioner has up to, and including, August 24, 2026, to reply. Finally, IT IS FURTHER ORDERED that to preserve the Courts jurisdiction pending a ruling on the Petition, Respondents shall not remove Petitioner from the United States District of Nevada, absent leave of Court.(Copies have been distributed pursuant to the NEF - CMB) (Entered: 08/14/2026)

Aug 14, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

#13

Aug 19, 2026

RESPONSE to 12 Order on Motion to Extend/Shorten Time,,,,,,,,,,,,,, Minute Order,,,,,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, Interested Party United States Immigration Customs Enforcement. (Attachments: # 1 Exhibit A Documents Pertaining to Petitioner, # 2 Exhibit B Answers to Interrogatories)(Sweetin, James) (Entered: 08/19/2026)

#14

Aug 24, 2026

Reply

#15

Aug 28, 2026

Order AND ~Util - Terminate Case

#16

Aug 28, 2026

Judgment

#17

Sep 02, 2026

Status Report