District of Nevada • 2:26-cv-02238
Ramon Gilberto Gutierrez Montero v. DHS
Completed
Case Information
Filed: July 23, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 24, 2026
Last Activity:
August 27, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 23, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Ramon Gilberto Gutierrez Montero.. (Attachments: # 1 Petition WHC, # 2 Motion appoint Counsel)(WJ) (Entered: 07/24/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#2
Jul 24, 2026
NOTICE from USDC advising case against DHS, et al., has been received and assigned case number 2:26-cv-02238-RFB-BNW. (WJ) (Entered: 07/24/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
Jul 24, 2026
ORDER APPOINTING COUNSEL - T IS HEREBY ORDERED that Respondents shall not remove Petitioner from the United States District of Nevada, absent leave of Court. IT IS HEREBY ORDERED Petitioner's Motion for Leave to Proceed in Forma Pauperis (ECF No. 1 ) is GRANTED. IT IS HEREBY ORDERED Petitioner's Motion for Appointment of Counsel (ECF No. 1 -2) is GRANTED. Attorney designation deadline: 7/28/2026. IT IS HEREBY ORDERED Federal Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention (see Order for details) Federal Respondents must PRODUCE these materials to Petitioners Counsel by July 25, 2026. On or before August 7, 2026, Petitioner must file an amended petition for a writ of habeas corpus unless the FPD declines to represent Petitioner. The Clerk of Court is kindly INSTRUCTED to: 1. ADD the FPD to the docket as an "Attorney to be Noticed" using the following email address: ecf_nvchu@fd.org. The Clerk is further instructed to SEND a copy of this Order to the FPD and CJA Coordinator for this division. (Ad hoc on 7/24/2026). 2. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. 3. 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 7/24/2026). 4. 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 7/24/2026). Signed by Judge Richard F. Boulware, II on 7/24/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 07/24/2026)
#4
Jul 24, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/24/2026.Earlier today, the Court entered an order appointing counsel which established certain deadlines for these proceedings. Some of these deadlines, namely those that concern Respondents, were set in error. Accordingly, the Court corrects them.Based on the foregoing, IT IS HEREBY ORDERED Respondents now have up to, and including, July 29, 2026, to produce documents, file their notice regarding class membership/detention authority, and file their answers to the Courts interrogatories. See Order Appointing Counsel 3-4, ECF No. 3 . All other aspects of the Court's Order Appointing Counsel (ECF No. 3 ) remain in full effect.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 07/24/2026)
Jul 24, 2026
Assign Judges in Civil Case
Jul 24, 2026
Case randomly assigned to District Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (WJ)
Jul 24, 2026
Minute Order
#5
Jul 28, 2026
NOTICE of Appearance by attorney Laura Angeline Barrera on behalf of Petitioner Ramon Gilberto Gutierrez Montero. (Barrera, Laura) (Entered: 07/28/2026)
Main Document:
Notice Appearance of Counsel
#6
Jul 29, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Todd Blanche, DHS, Markwayne Mullin. (Botros, Tamer) (Entered: 07/29/2026)
Main Document:
Notice Appearance of Counsel
#7
Jul 29, 2026
NOTICE Federal Respondents Notice Regarding Class Membership and Federal Respondents Answers to Interrogatories (ECF No. 1) by Todd Blanche, DHS, Markwayne Mullin re 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,, 4 Minute Order,,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Federal Respondents' Answers to Interrogatories)(Botros, Tamer) (Entered: 07/29/2026)
Main Document:
Notice Other
#8
Aug 07, 2026
Unopposed MOTION to Extend Time (First Request) to File First Amended Petition re 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,, by Petitioner Ramon Gilberto Gutierrez Montero. Responses are due by 8/21/2026. (Barrera, Laura) (amend) (Entered: 08/07/2026)
Main Document:
Motion Extend/Shorten Time
#9
Aug 10, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/10/2026.Before the Court is Mr. Gutierrez Montero's First Unopposed Motion to Extend Time (ECF No. 8 ). Good cause appearing, IT IS HEREBY ORDERED that Mr. Gutierrez Montero's First Unopposed Motion to Extend Time (ECF No. 8 ) is GRANTED.Mr. Gutierrez Montero will have up to, and including, August 14, 2026 to file an amended petition. (Copies have been distributed pursuant to the NEF - JT) (Entered: 08/10/2026)
Aug 10, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#10
Aug 14, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Ramon Gilberto Gutierrez Montero. Adds new parties. (Barrera, Laura) (Entered: 08/14/2026)
Main Document:
Petition Writ of Habeas Corpus Amended
#11
Aug 14, 2026
EXHIBIT Index of Exhibits in Support of First Amended 28 U.S.C. § 2241 Petition to 10 Amended Petition for Writ of Habeas Corpus by Petitioner Ramon Gilberto Gutierrez Montero. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Barrera, Laura) (Entered: 08/14/2026)
Main Document:
Exhibit
#12
Aug 14, 2026
NOTICE of Manual Filing by Petitioner Ramon Gilberto Gutierrez Montero re 10 Amended Petition for Writ of Habeas Corpus, 11 Exhibit,. Object: USB, Volume(s): 1, Description: Ex. 3 - Audio 11/12/2025 Immigration Court Bond Hearing, manually filed with the Clerk's Office. Petitioners Notice of Manual Filing of Exhibit 3 (Audio) (Barrera, Laura) (Entered: 08/14/2026)
Main Document:
Notice Manual Filing
#13
Aug 14, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/14/2026. Before the Court is Mr. Gutierrez Montero's First Amended Petition for Writ of Habeas Corpus (ECF No. 10 ). Based on its preliminary review of the Petition, the Court finds that Mr. Gutierrez Montero may be entitled to habeas relief under the Immigration and Nationality Act and 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, they must file a "return certifying the true cause of [Petitioner's] detention" by August 17, 2026. See id.. If Respondents fail to identify a lawful basis for Petitioner's detention, the Court may "forthwith issue the writ" Petitioner seeks. See id.IT IS FURTHER ORDERED Petitioner has up to, and including, August 20, 2026, to reply.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 08/14/2026)
Aug 14, 2026
Minute Order
#14
Aug 20, 2026
NOTICE of Respondents Non-Opposition by Ramon Gilberto Gutierrez Montero re 13 Minute Order,,,,. (Barrera, Laura) (Entered: 08/20/2026)
Main Document:
Notice Other
#15
Aug 21, 2026
RESPONSE to 10 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 08/21/2026)
Main Document:
Response
#16
Aug 24, 2026
ORDER - IT IS HEREBY ORDERED Petitioner's Amended Petition (ECF No. 10 ) is GRANTED.Respondents must RELEASE Petitioner from detention on August 25, 2026, between the hours of 12:00 P.M. and 3:00 P.M.IT IS FURTHER ORDERED Petitioner must be released on his own recognizance. 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 August 27, 2026. (See Order for details). The Clerk of Court is kindly instructed to enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 8/24/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/24/2026)
#17
Aug 24, 2026
JUDGMENT entered per 16 Order. Signed by Clerk of Court Debra K. Kempi on 8/24/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/24/2026)
Main Document:
Judgment
#18
Aug 27, 2026
STATUS REPORT by Petitioner Ramon Gilberto Gutierrez Montero. (Barrera, Laura) (Entered: 08/27/2026)
Main Document:
Status Report
#19
Aug 27, 2026
Joint STATUS REPORT by Respondents Todd Blanche, DHS, Markwayne Mullin. (Botros, Tamer) (Entered: 08/27/2026)
Main Document:
Status Report
Parties
DHS
Party
Ramon Gilberto Gutierrez Montero
Party