District of Nevada • 2:26-cv-02181

Cantarero v. DHS

Completed

Case Information

Filed: July 20, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Nancy J. Koppe
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
Jul 20, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Gomez Cantarero.. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Motion for Appointment of Counsel)(HAM) (Entered: 07/21/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Jul 21, 2026
NOTICE from USDC advising case against DHS, et al., has been received and assigned case number 2:26-cv-02181-APG-NJK. (HAM) (Entered: 07/21/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Jul 21, 2026
ORDER APPOINTING COUNSEL AND DEFERRING CONSIDERATION OF 28 U.S.C. § 2241 PETITION. IT IS ORDERED that the 1 application for leave to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that the 1 -2 motion for appointment of counsel is GRANTED. 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 the Clerk of Court will: 1. FILE the 1 -1 petition. 2. ADD the USAO to the docket as an Interested Party. Pursuant to District of Nevada's General Order 2026-03, this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 3. 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. 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 copy of the 1 -1 petition and this order to Ashlee Hesman (Mattos's counsel) at ahesman@strucklove.com. IT IS FURTHER ORDERED that the USAO 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, if one is filed, within 5 days of service of that filing. IT IS FURTHER ORDERED that the respondents must not transfer the petitioner out of this District, with the exception of effectuating his lawful deportation, until further order of the court. See order for further details. Signed by Chief Judge Andrew P. Gordon on 7/21/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 07/21/2026)
Main Document: Order AND Order on Motion/Application to Proceed In Forma Pauperis
#4
Jul 21, 2026
PETITION for Writ of Habeas Corpus by Jose Gomez Cantarero. Filed on 7/21/26 per 3 Service Order. (AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 07/21/2026)
Main Document: Petition Writ of Habeas Corpus
Jul 21, 2026
Assign Judges in Civil Case
Jul 21, 2026
Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (HAM)
#5
Jul 22, 2026
NOTICE of Appearance by attorney Russell G. Webb on behalf of Respondents Todd Blanche, DHS, Markwayne Mullin. (Webb, Russell) (Entered: 07/22/2026)
Main Document: Notice Appearance of Counsel
#6
Jul 28, 2026
NOTICE of Appearance by attorney Ron Y. Sung on behalf of Petitioner Jose Gomez Cantarero. (Sung, Ron) (Entered: 07/28/2026)
Main Document: Notice Appearance of Counsel
#7
Aug 10, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Jose Gomez Cantarero. No changes to parties. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Sung, Ron) (Entered: 08/10/2026)
Main Document: Petition Writ of Habeas Corpus Amended
Aug 10, 2026
Withdraw Counsel
Aug 10, 2026
Attorney update in case: Attorney Sylvia A. Irvin withdrawn from the case. (Irvin, Sylvia)
#8
Aug 17, 2026
RESPONSE to 7 Amended Petition for Writ of Habeas Corpus by Respondents Todd Blanche, DHS, Markwayne Mullin. (Attachments: # 1 Exhibit A Notice to Appear, # 2 Exhibit B I-200, # 3 Exhibit C IJ Order)(Webb, Russell) (Entered: 08/17/2026)
Main Document: Response
#9
Aug 19, 2026
REPLY to 8 Response by Petitioner Jose Gomez Cantarero. (Attachments: # 1 Exhibit 1)(Sung, Ron) (Entered: 08/19/2026)
Main Document: Reply
#10
Aug 20, 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-02181-APG-NJK 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 Chief Judge Andrew P. Gordon on 8/20/2026. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 08/20/2026)
Main Document: Order
#11
Aug 20, 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-02181-RFB-NJK. (no image attached) (RJDG) (Entered: 08/20/2026)
Aug 20, 2026
Clerks Notice Reassign Judge
#12
Aug 28, 2026
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED Petitioner's First Amended Petition (ECF No. 7 ) is GRANTED. Respondents must RELEASE Petitioner from detention on August 29, 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 Petitioner must be released on his own recognizance. Thus, Respondents are prohibited from imposing release conditions that substantially interferewith Petitioners liberty, such as electronicmonitoring, without havingestablishedthe 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 identification and employment authorization documents, upon his release. IT IS FURTHER ORDERED the Parties must file a joint status report by September 1, 2026, confirming Respondents' compliance with this Order including (i) the date and time of Petitioners 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, officials 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 move to re-open this case without filing a new action. Signed by Judge Richard F. Boulware, II on 8/28/2026. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 08/28/2026)
Main Document: Order
#13
Aug 28, 2026
JUDGMENT entered pursuant to 12 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
#14
Sep 01, 2026
Joint STATUS REPORT by Respondents Todd Blanche, DHS, Markwayne Mullin, Interested Parties USA, United States Immigration Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Webb, Russell) (Entered: 09/01/2026)
Main Document: Status Report