Completed
Case Information
Filed: July 28, 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 21, 2026
Last Activity:
August 24, 2026
Parties:
View All Parties →
Docket Entries
#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 for Writ of Habeas Corpus) (HAM) (Entered: 07/28/2026)
Main Document:
Receipt Initiating Documents
#2
Jul 28, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02302-JAD-BNW. (HAM) (Entered: 07/28/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
Jul 28, 2026
TRANSFER ORDER. IT IS ORDERED that the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02302-JAD-BNW to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. All further documents must bear the correct case number 2:26-cv-02302-RFB-BNW. Signed by Judge Jennifer A. Dorsey and Judge Richard F. Boulware, II on 7/28/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 07/28/2026)
Main Document:
Order Reassign Judge
#4
Jul 28, 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 7, 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: 7/30/2026. 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 31, 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. ATTACH a copy of the Court's standard IFP Application to this Order. (Sent on 7/28/2026) 2. ADD the FPD to the docket as an Attorney to be Noticed using the following email address: ecfnvchu@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 7/28/2026). 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 7/28/2026). 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 7/28/2026) 6. UPDATE the docket to reflect the following substitutions of Respondents: (1) Ruben Leyva, Acting Director of the Salt Lake City Field Office of ICE Enforcement and Removal Operations, is substituted for Michael Bernacke; (2) Acting Director of ICE David Venturella is substituted for Todd Lyons. See Fed. R. Civ. P. 25(d). Notice of Compliance is due by 7/31/2026. Amended Petition is due by 8/7/2026. Payment of filing fee is due by 8/7/2026. Signed by Judge Richard F. Boulware, II on 7/28/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 07/28/2026)
Jul 28, 2026
Assign Judges in Civil Case
Jul 28, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (HAM)
#5
Jul 30, 2026
NOTICE of Appearance by attorney Allie Wilson on behalf of Petitioner Danilo E. Perez. (Wilson, Allie) (Entered: 07/30/2026)
Main Document:
Notice Appearance of Counsel
#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)
Main Document:
Notice Appearance of Counsel
#7
Jul 31, 2026
NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 1-1) by Michael Bernake, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella re 4 Order,,,,,,,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Answers to Interrogatories)(Botros, Tamer) (Entered: 07/31/2026)
Main Document:
Notice Other
#8
Aug 06, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Danilo E. Perez.. (Wilson, Allie) (Entered: 08/06/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#9
Aug 06, 2026
AMENDED PETITION for Writ of Habeas Corpus by Danilo E. Perez. No changes to parties. (Wilson, Allie) (Entered: 08/06/2026)
Main Document:
Petition Writ of Habeas Corpus Amended
#10
Aug 10, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/10/2026.Before the Court is Mr. Danilo Perez's First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 9 ) and Motion to Proceed in forma pauperis (the "IFP Application") (ECF No. 8 ).As a preliminary matter, upon reviewing Petitioner's financial circumstances, see generally ECF No. 8 ), the Court finds good cause to grant the IFP Application. Thus, IT IS HEREBY ORDERED that Petitioner's IFP Application (ECF No. 8 ) is GRANTED.The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 7 ), and preliminarily finds that Mr. Danilo Perez 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 13, 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). 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 18, 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: 08/10/2026)
Aug 10, 2026
Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis
#11
Aug 17, 2026
RESPONSE to 9 Amended Petition for Writ of Habeas Corpus, 10 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,, Minute Order,,,,,,,, by Defendant John Mattos. (Hesman, Ashlee) (Entered: 08/17/2026)
Main Document:
Response
#12
Aug 21, 2026
ORDER - IT IS HEREBY ORDERED Petitioner's First Amended Petition for Writ of Habeas Corpus (ECF No. 9 ) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal recognizance on August 22, 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 20, 2026. (See Order for details). 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. Petitioner may move to reopen this case to enforce the judgment without filing a separate case. Signed by Judge Richard F. Boulware, II on 8/21/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/21/2026)
#13
Aug 21, 2026
JUDGMENT entered per 12 Order. Signed by Clerk of Court Debra K. Kempi on 8/21/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/21/2026)
Main Document:
Judgment
#14
Aug 21, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/21/2026.The Court amends its prior Order (ECF No. 12 ). IT IS HEREBY ORDERED Parties' joint Status Report is due by 8/24/2026. (Copies have been distributed pursuant to the NEF - JT) (Entered: 08/21/2026)
Aug 21, 2026
Minute Order
#15
Aug 24, 2026
Joint STATUS REPORT Pursuant to Court Order (ECF No. 12) by Respondents Michael Bernake, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella. (Botros, Tamer) (Entered: 08/24/2026)
Main Document:
Status Report
Parties
Blanche
Party
Perez
Party