District of Nevada • 2:26-cv-02300

#1

Jul 27, 2026

RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: # 1 Petition WHC) (WJ) (Entered: 07/29/2026)

#2

Jul 29, 2026

NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02300-CDS-DJA. (WJ) (Entered: 07/29/2026)

#3

Jul 29, 2026

VACATED on 8/18/2026 per 15 Order. (GA)TRANSFER ORDER - IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02300-CDS-DJA 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-02300-RFB-DJA. Signed by Judge Cristina D. Silva and Judge Richard F. Boulware, II on 7/29/2026. (Copies have been distributed pursuant to the NEF - GA) Vacated per 15 Order - Modified on 8/18/2026 (GA). (Entered: 07/29/2026)

#4

Jul 29, 2026

ORDER APPOINTING COUNSEL I. PRESERVATION OF JURISDICTIONTo preserve the Court's jurisdiction pending a ruling on the Petition, IT IS HEREBY ORDERED that Respondents shall not remove Petitioner from the United States District of Nevada, absent leave of Court.II. FILING FEEThe Court DEFERS consideration of the filing fee until Petitioner has an opportunity to address it with the assistance of counsel. Cf. 28 U.S.C. § 1914(a) (requiring petitioners for writs of habeas corpus to pay a $5 filing fee); cf. also Part II (appointing counsel). To that end, IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an application to proceed in forma pauperis ("IFP Application"), by August 11, 2026. Cf. 28 U.S.C. § 1915(a) (enabling petitioners in civil detention to seek leave to proceed in forma pauperis).III. APPOINTMENT OF COUNSELTherefore, IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner.IT IS FURTHER ORDERED the FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by July 30, 2026. Appointed counsel will represent Petitioner in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless appointed counsel is allowed to withdraw.IV. DOCUMENT PRODUCTIONTherefore, IT IS HEREBY ORDERED Federal Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention: See Order for additional information. V. BRIEFINGIT IS HEREBY ORDERED the following parameters will govern in this case. See Rule 4, § 2254 Rules ("[T]he judge must order the respondent to file an answer, motion, or other response within a fixed time, or to take other action the judge may order."): See Order for additional information. VI. SERVICE AND INSTRUCTIONS TO THE CLERK OF COURTThe Clerk of Court is kindly INSTRUCTED to: See Order for additional information. Signed by Judge Richard F. Boulware, II on 7/29/2026. Attorney designation deadline: 7/30/2026. Notice of Compliance is due by 7/31/2026. A Status Report is due by 7/31/2026. Amended Petition is due by 8/11/2026. Payment of filing fee is due by 8/11/2026. Ruben Leyva and David Venturella added. Michael Bernake and Todd Lyons terminated. (Attachments: # 1 Information for Filing an Application to Proceed In Forma Pauperis by an Inmate Under 28 U.S.C. § 1915) (Copies have been distributed pursuant to the NEF. A copy of the Petition (ECF No. 1 -1), and this Order distributed as instructed. - RJDG) (Entered: 07/29/2026)

Jul 29, 2026

Case randomly assigned to District Judge Cristina D. Silva and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (WJ)

Jul 29, 2026

Assign Judges in Civil Case

#5

Jul 31, 2026

NOTICE of Appearance by attorney Sylvia A. Irvin on behalf of Petitioner Edwin Gonzales Varela. (Irvin, Sylvia) (Entered: 07/31/2026)

#6

Jul 31, 2026

NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernake, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella. (Botros, Tamer) (Entered: 07/31/2026)

#7

Jul 31, 2026

NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 4) by Michael Bernake, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella re 4 Order Appointing Counsel,,,,,,,,,,, Add and Terminate Parties,,,,,,,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Answers to Interrogatories)(Botros, Tamer) (Entered: 07/31/2026)

#8

Jul 31, 2026

NOTICE of Corrected Image/Document re 4 Order Appointing Counsel,,,,,,,,,,, Add and Terminate Parties,,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella. (Service of corrected image is attached.) (Botros, Tamer) (Entered: 07/31/2026)

#9

Aug 03, 2026

NOTICE of Appearance by attorney Laura Angeline Barrera on behalf of Petitioner Edwin Gonzales Varela. (Barrera, Laura) (Entered: 08/03/2026)

#10

Aug 11, 2026

STIPULATION FOR EXTENSION OF TIME (First Request) to File First Amended Petition and Motion to Proceed in Forma Pauperis re 4 Order Appointing Counsel,,,,,,,,,,, Add and Terminate Parties,,,,,,,,,, by Petitioner Edwin Gonzales Varela.. (Barrera, Laura) (extend) (amend) (Entered: 08/11/2026)

#11

Aug 12, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Edwin Gonzales Varela. Adds new parties. (Barrera, Laura) (Entered: 08/12/2026)

#12

Aug 13, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/13/2026.Before the Court is Mr. Gonzalez Varela's Stipulation for Extension of Time (ECF No. 10 ) and First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 11 ).As a preliminary matter, the Court GRANTS Petitioner's Stipulation for Extension of Time (ECF No. 10 ) nunc pro tunc.The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF Nos. 7, 8 ), and preliminarily finds that Mr. Gonzalez Varela may be entitled to habeas relief under the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, and Jacobo 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 before August 17, 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 generally Jacobo Ramirez, 2026 WL 879799 (D. Nev. Mar. 30, 2026); Rodriguez Vazquez v. Bostock, --- F.4th ---, 2026 WL 2196424 (9th Cir. July 30, 2026). Finally, if Respondents intend to rely on a separate source of detention authority, they must identify it in their return. Federal Respondents must explicitly state which statutory provision (or, when appropriate, which subsection thereof) authorizes a given noncitizen's detention and explain why the respective provision applies to the particular noncitizen. The Court will not speculate as to Respondents' legal position.As the Court's Order directing a response is clear, a failure by Respondents to properly respond to the Order will be deemed an intentional waiver of any argument as to a lawful basis for detention and may also be considered a violation of the Court's Order. Such a waiver or failure to respond to the Court's Order may result in appropriate remedial action by the Court including granting of the writ forthwith, the striking of filings, and/or sanctions imposed on the parties or counsel. See 28 U.S.C.§ 2243. IT IS FURTHER ORDERED Petitioner has up to, and including, August 24, 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: 08/13/2026)

Aug 13, 2026

Minute Order AND Order on Stipulation

#13

Aug 17, 2026

NOTICE Federal Respondents Supplemental Notice Regarding Class Membership (ECF No. 1) by Michael Bernake, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella re 12 Order on Stipulation,,,,,,,,,,,, Minute Order,,,,,,,,,,,. (Attachments: # 1 Exhibit A - August 13, 2026 Bond Order)(Botros, Tamer) (Entered: 08/17/2026)

#14

Aug 17, 2026

RECEIPT of Payment: $ 5.00, receipt number 2-21347. CLERK'S NOTE: The filing fee has been PAID IN FULL. Any pending IFPs have been terminated. (GA) (Entered: 08/18/2026)

#15

Aug 18, 2026

ORDER- IT IS HEREBY ORDERED that the (ECF No. 3 ) Transfer Order is VACATED. The Clerk of Court is instructed to (1) reassign this case back to District Judge Cristina D. Silva and; (2) remove the reference to 2:25-cv-02136-RFB-MDC as a related case from the docket.Case reassigned to Judge Cristina D. Silva for all further proceedings. All further documents must bear the correct case number 2:26-cv-02300-CDS-DJA. Signed by Judge Richard F. Boulware, II and Judge Cristina D. Silvaon 8/18/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/18/2026)

#16

Aug 21, 2026

RESPONSE to 11 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 08/21/2026)

#17

Aug 24, 2026

REPLY to 13 Notice (Other), 11 Amended Petition for Writ of Habeas Corpus by Petitioner Edwin Gonzales Varela. (Barrera, Laura) (Entered: 08/24/2026)