District of Nevada • 2:26-cv-02262

#1

Jul 24, 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: 07/27/2026)

#2

Jul 27, 2026

NOTICE from USDC advising case against USA, et al., has been received and assigned case number 2:26-cv-02262-MMD-DJA. (HAM) (Entered: 07/27/2026)

Jul 27, 2026

Case randomly assigned to Judge Miranda M. Du and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (HAM)

Jul 27, 2026

Assign Judges in Civil Case

#3

Jul 28, 2026

ORDER. It is therefore ordered that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent Petitioner and is directed to file a notice of appearance (or indicate its inability to represent Petitioner) within seven days of the date of this Order. If FPD files a notice of appearance in this matter, it will then have seven days from the date of this Order to file an IFP application and 30 days from the date of this Order to file either (1) an amended petition or (2) a motion to dismiss the Petition. It is further ordered that the Petition (ECF No. 1 -1) is deferred. It is further ordered that the Clerk of Court: 1. Add the USAO to the docket as an Interested Party. 2. Send a copy of the Petition (ECF No. 1 -1) and this Order to the FPD at ecf_nvchu@fd.org, Petitioner, and the CJA Coordinator for this division. 3. Add John Mattos, Warden, Nevada Southern Detention Center to the docket as an Interested Party. 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, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 5. Send courtesy copies of the Petition (ECF No. 1 -1) and this Order to Ashlee Hesman (Mattos's counsel) via CM/ECF at ahesman@strucklove.com. It is further ordered that the USAO must produce the following documents to the FPD (or certify that such documents are not in their custody or control) within seven days from the date of this Order: See Order. It is further ordered that Respondents must not transfer Petitioner out of this District without leave of the Court. Signed by Judge Miranda M. Du on 7/28/2026. (Copies have been distributed pursuant to the NEF - cc: CJA/P/JM - ALZ) (Entered: 07/28/2026)

#4

Aug 03, 2026

NOTICE of Appearance by attorney Emma Lauren Smith on behalf of Petitioner Jose Perez Diaz. (Smith, Emma) (Entered: 08/03/2026)

#5

Aug 04, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Perez Diaz.. (Smith, Emma) (Entered: 08/04/2026)

#6

Aug 06, 2026

NOTICE of Appearance by attorney Nathan Morgan Claus on behalf of Interested Parties USA, United States Immigration Customs Enforcement. (Claus, Nathan) (Entered: 08/06/2026)

#7

Aug 12, 2026

RECEIPT of Payment: $ 5, receipt number 200021299. CLERK'S NOTE: The filing fee has been PAID IN FULL. Any pending IFPs have been terminated. (ALZ) (Entered: 08/14/2026)

#8

Aug 20, 2026

RECEIPT of Payment: $ 5, receipt number 200021401. CLERK'S NOTE: The filing fee has been PAID IN FULL. Any pending IFPs have been terminated. (ALZ) (Entered: 08/21/2026)

#9

Aug 26, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Jose Perez Diaz. Adds new parties. (Smith, Emma) (Entered: 08/26/2026)

#10

Aug 26, 2026

EXHIBIT Index of Exhibits in Support of First Amended 28 U.S.C. § 2241 Petition to 9 Amended Petition for Writ of Habeas Corpus by Petitioner Jose Perez Diaz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Smith, Emma) (Entered: 08/26/2026)

#11

Sep 08, 2026

RESPONSE to 9 Amended Petition for Writ of Habeas Corpus by Interested Party United States Immigration Customs Enforcement. (Attachments: # 1 Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Claus, Nathan) (Entered: 09/08/2026)

#12

Sep 15, 2026

REPLY to 9 Amended Petition for Writ of Habeas Corpus, 11 Response, by Petitioner Jose Perez Diaz. (Attachments: # 1 Exhibit 7)(Smith, Emma) (Entered: 09/15/2026)

#13

Oct 05, 2026

ORDER. IT IS ORDERED that Diaz's 9 Petition is granted. Respondents must immediately release Diaz no later than 5:00 PM on Tuesday, October 6, 2026, subject to reasonable terms of supervision. See 8 U.S.C. §§ 1231(a)(6), (a)(3). Determining reasonable terms of supervision shall not in any way impede the immediate release of Diaz. IT IS FURTHER ORDERED that Respondents are enjoined from removing Diaz to any third country without providing him and his counsel with adequate notice of intent to seek removal to a third country and due process in the form of providing him a reasonable opportunity to reopen immigration court proceedings to seek fear-based relief from removal, with a hearing before an immigration judge. IT IS FURTHER ORDERED that the parties shall file a joint status report by Wednesday,October 7, 2026, confirming Respondents' compliance with this Order. Signed by Judge Miranda M. Du on 10/5/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 10/05/2026)

#14

Oct 06, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 10/6/2026. By Deputy Clerk: Karen Walker.The Clerk of Court is instructed to enter judgment in accordance with the order granting the petition (ECF No. 13 ) 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.(no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 10/06/2026)

#15

Oct 06, 2026

JUDGMENT is entered in favor of Petitioner against Respondents pursuant to Order (ECF No. 13 ) and this case is closed. Signed by Clerk of Court Debra K. Kempi on 10/6/2026. (Copies have been distributed pursuant to the NEF - KW) (Entered: 10/06/2026)

Oct 06, 2026

Minute Order

#16

Oct 07, 2026

Joint STATUS REPORT by Interested Party United States Immigration Customs Enforcement. (Attachments: # 1 Exhibit A)(Claus, Nathan) (Entered: 10/07/2026)