District of Nevada • 2:26-cv-02235

#1

Jul 23, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Herman Diaz Perez.. (Attachments: # 1 Petition for Writ Of Habeas Corpus)(JQC) (Entered: 07/23/2026)

#2

Jul 23, 2026

NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02235-APG-BNW. (JQC) (Entered: 07/23/2026)

Jul 23, 2026

Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (JQC)

Jul 23, 2026

Assign Judges in Civil Case

#3

Jul 24, 2026

Order Appointing Counsel and Deferring Consideration of 28 U.S.C. § 2241 Petition. IT IS THEREFORE ORDERED that the application for leave to proceed in forma pauperis (ECF No. 1 ) 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. If the FPD files a notice of appearance in this matter, it will then have 14 days to file either an amended petition or a motion to dismiss the petition. The FPD will effectuate service of the amended petition, if one is filed, on the respondents. IT IS FURTHER ORDERED that the Clerk of Court will: - FILE the petition (ECF No. 1 -1). 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. The respondents must file any documents referenced or relied upon in their responsive pleading with that pleading. The petitioner will have 3 days to file a reply. 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. In the event of lawful deportation, the respondents must file a notice with the Court within 7 days from deportation. See Order for further details. Signed by Chief Judge Andrew P. Gordon on 7/24/2026. (Copies have been distributed pursuant to the NEF; CC: A copy of the petition (ECF No. 1 -1) and this order distributed as directed - MAM) (Entered: 07/24/2026)

#4

Jul 24, 2026

PETITION for Writ of Habeas Corpus by Herman Diaz Perez. (Filed per 3 Order - MAM) (Entered: 07/24/2026)

#5

Jul 31, 2026

Notice Appearance of Counsel

#6

Aug 03, 2026

Notice Appearance of Counsel

#7

Aug 06, 2026

Notice Appearance of Counsel

#8

Aug 14, 2026

Notice Other

#9

Aug 14, 2026

Petition Writ of Habeas Corpus Amended

#10

Aug 19, 2026

Stipulation

#11

Aug 20, 2026

Order AND Order on Stipulation AND ~Util - Set/Reset Deadlines & Hearings (non motion deadlines)

#12

Aug 25, 2026

Response

#13

Aug 27, 2026

Reply

#14

Aug 28, 2026

Order Reassign Judge

#15

Sep 09, 2026

ORDER GRANTING WRIT OF HABEAS CORPUS Based on the foregoing, IT IS HEREBY ORDERED Petitioner's Amended Petition for Writ of Habeas Corpus (ECF No. 9 ) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention o n his personal recognizance on September 10, 2026 between the hours of 12:00 P.M. and 3:00 P.M. Counsel for Petitioner (or their designee/agent) will be permitted to wait in the Federal Justice Tower lobby during the release window. IT IS FURTHE R ORDERED Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioner's liberty, such as electronic monitoring, without having established the reasonableness of those restrictions, by clear and conv incing evidence, at a pre-deprivation hearing. If Federal Respondents impose release conditions in violation of this Order, the Court will consider contempt sanctions against the agency officials responsible. IT IS FURTHER ORDERED Respondents mus t return Petitioner's personal property, including any personal identification and employment authorization documents, UPON HIS RELEASE. If Federal Respondents fail to do so, the Court will consider contempt sanctions against the agency offici als responsible. IT IS FURTHER ORDERED Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED Respondents may not re-detain Petitioner during the pendency of his current removal proceedings until after an immigration court hearing is held, with adequate notice, to determine whether detention is appropriate under the INA and its implementing regulations. To the extent the government seeks to detain Petitioner under 8 U.S.C. § 1226(a), it bears the burden of establishing that detention is appropriate by clear and convincing evidence. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by September 11, 2026 confirming Respondents' comp liance with this Order, including: (i) the date and time of Petitioner's release; (ii) compliance with this Court's directives concerning release on personal recognizance; and (iii) the return of Petitioner's personal property. Th e Clerk of Court is kindly instructed to enter judgment accordingly and close this case. The Court retains jurisdiction to enforce its order and judgment. Petitioner may move to reopen this case to enforce the judgment without filing a separate case. Signed by Judge Richard F. Boulware, II on 9/9/2026. (Copies have been distributed pursuant to the NEF - RJDG)

#16

Sep 09, 2026

Judgment

#17

Sep 11, 2026

Status Report