District of Nevada • 2:26-cv-02242

Guerrero v. Blanche

Completed

Case Information

Filed: July 23, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Maximiliano D. Couvillier III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 12, 2026
Last Activity: August 14, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 23, 2026
RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: # 1 Petition for Writ of Habeas Corpus) (HAM) (Entered: 07/23/2026)
Main Document: Receipt Initiating Documents
#2
Jul 23, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02242-CDS-MDC. (HAM) (Entered: 07/23/2026)
Main Document: Advisory Letter Habeas only - FORM
Jul 23, 2026
Assign Judges in Civil Case
Jul 23, 2026
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (HAM)
#3
Jul 24, 2026
TRANSFER ORDER - IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02242-CDS-MDC 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. Case reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:26-cv-02242-RFB-MDC. Signed by Judge Richard F. Boulware, II., and Judge Cristina D. Silva on 7/24/2026. (Copies have been distributed pursuant to the NEF - GA) Signature and file date as of 7/24/2026 - Modified on 7/24/2026 (GA). (Entered: 07/24/2026)
Main Document: Order Reassign Judge
#4
Jul 24, 2026
ORDER - IT 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 must either pay the filing fee or submit an application to proceed in forma pauperis ("IFP Application"), by August 4, 2026. IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. Attorney designation deadline: 7/27/2026. 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 Petitioner's Counsel by July 28, 2026. On or before August 4, 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. ATTACH a copy of the Court's standard IFP Application to this Order. (Sent on 7/24/2026). 2. 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). 3. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. 4. 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). 5. 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. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 07/24/2026)
Main Document: Order
#5
Jul 27, 2026
NOTICE of Appearance by attorney Kelly Tai Scribner on behalf of Petitioner Roberto Duran Guerrero. (Scribner, Kelly) (Entered: 07/27/2026)
Main Document: Notice Appearance of Counsel
#6
Jul 28, 2026
NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Tomova, Virginia) (Entered: 07/28/2026)
Main Document: Notice Appearance of Counsel
#7
Jul 28, 2026
NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 4) by Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 4 Order,,,,,,,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Federal Respondents' Answers to Interrogatories)(Tomova, Virginia) (Entered: 07/28/2026)
Main Document: Notice Other
#8
Jul 29, 2026
NOTICE of Appearance by attorney Sylvia A. Irvin on behalf of Petitioner Roberto Duran Guerrero. (Irvin, Sylvia) (Entered: 07/29/2026)
Main Document: Notice Appearance of Counsel
#9
Jul 29, 2026
NOTICE of Corrected Image/Document re 8 Notice of Appearance by Petitioner Roberto Duran Guerrero. (Service of corrected image is attached.) (Irvin, Sylvia) (Entered: 07/29/2026)
Main Document: Notice Corrected Image/Document
#10
Aug 04, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Roberto Duran Guerrero. Adds new parties. (Scribner, Kelly) (Entered: 08/04/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#11
Aug 04, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/4/2026.Before the Court is Mr. Duran Guerrero's First Amended Petition for Writ of Habeas Corpus (ECF No. 10 ). The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 7 ), and preliminarily finds that Mr. Duran Guerrero may be entitled to habeas relief under the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, andJacobo 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 beforeAugust 7, 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 generallyJacobo Ramirez, 2026 WL 879799 (D. Nev. Mar. 30, 2026); Rodriguez Vazquez v. Bostock, --- F.4th ---, 2026 WL 2196424 (9th Cir. July 30, 2026). With that being said, Respondents may reference their prior briefing on this issue for appellate purposes. Finally, if Respondents intend to rely on a separate source of detention authority, they must identify it in their return. IT IS FURTHER ORDERED Petitioner has up to, and including, August 12, 2026, to reply.Finally, IT IS FURTHER ORDERED the Court's prior orders regarding briefing, document production, transfer, etc. remain in full effect.See generally Order Appointing Counsel, ECF No. 4 .(Copies have been distributed pursuant to the NEF - JT) (Entered: 08/04/2026)
#12
Aug 04, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Roberto Duran Guerrero.. (Scribner, Kelly) (Entered: 08/04/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
Aug 04, 2026
Minute Order
#13
Aug 07, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Botros, Tamer) (Entered: 08/07/2026)
Main Document: Notice Appearance of Counsel
#14
Aug 07, 2026
NOTICE Federal Respondents Supplemental Notice Regarding Class Membership (ECF No. 4) by Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 11 Minute Order,,,,,,, 10 Amended Petition for Writ of Habeas Corpus. (Botros, Tamer) (Entered: 08/07/2026)
Main Document: Notice Other
#15
Aug 10, 2026
REPLY to 14 Notice (Other), 10 Amended Petition for Writ of Habeas Corpus by Petitioner Roberto Duran Guerrero. (Scribner, Kelly) (Entered: 08/10/2026)
Main Document: Reply
#16
Aug 12, 2026
ORDER Granting 10 Amended Petition for Writ of Habeas Corpus; 12 Motion to Proceed in forma pauperis. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal recognizance on August 13, 2026 between the hours of 12:00 P.M. and 3:00 P.M. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by August 14, 2026 confirming Respondents' compliance with this Order, including: See 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. Signed by Judge Richard F. Boulware, II on 8/12/2026. (Copies have been distributed pursuant to the NEF - ALZ) Modified on 8/13/2026 (ALZ). (Entered: 08/12/2026)
Main Document: Order
#17
Aug 12, 2026
JUDGMENT entered in favor of Petitioner, Roberto Duran Guerrero, and against Respondents, John Mattos, Kerri Ann Quihuis, Markwayne Mullin, Michael Bernacke, Todd Blanche, Todd Lyons. Signed by Clerk of Court Debra K. Kempi on 8/12/2026. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 08/12/2026)
Main Document: Judgment
#18
Aug 14, 2026
Joint STATUS REPORT Pursuant to Court Order (ECF No. 16) by Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Botros, Tamer) (Entered: 08/14/2026)
Main Document: Status Report

Parties

Blanche
Party
Guerrero
Party