District of Nevada • 2:26-cv-02322

#1

Jul 30, 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: 07/30/2026)

#2

Jul 30, 2026

NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02322-CDS-BNW. (HAM) (Entered: 07/30/2026)

Jul 30, 2026

Assign Judges in Civil Case

Jul 30, 2026

Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (HAM)

#3

Aug 03, 2026

TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02322-CDS-BNW 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. All further documents must bear the correct case number 2:26-cv-02322-RFB-BNW. Signed by Judge Cristina D. Silva and Judge Richard F. Boulware on 8/3/2026. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 08/03/2026)

#4

Aug 03, 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 13, 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: 8/5/2026. 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 August 6, 2026. On or before August 13, 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 8/3/2026). 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 8/3/2026). 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. (Sent on 8/3/2026). 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 8/3/2026). 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). Signed by Judge Richard F. Boulware, II on 8/3/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/03/2026)

#5

Aug 05, 2026

NOTICE of Appearance by attorney Ashlyn Nicole Saenz-Ochoa on behalf of Petitioner Alberto Garcia De La Cruz. (Saenz-Ochoa, Ashlyn) (Entered: 08/05/2026)

Aug 05, 2026

Withdraw Counsel

Aug 05, 2026

Attorney update in case: Attorney Sylvia A. Irvin withdrawn from the case. (Irvin, Sylvia)

#6

Aug 06, 2026

NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernake, Todd Blanche, Ice Ero, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Botros, Tamer) (Entered: 08/06/2026)

#7

Aug 06, 2026

NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 1) by Michael Bernake, Todd Blanche, Ice Ero, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 4 Order,,,,,,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Answers to Interrogatories)(Botros, Tamer) (Entered: 08/06/2026)

#8

Aug 13, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Alberto Garcia De La Cruz. No changes to parties. (Saenz-Ochoa, Ashlyn) (Entered: 08/13/2026)

#9

Aug 13, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Alberto Garcia De La Cruz.. (Saenz-Ochoa, Ashlyn) (Entered: 08/13/2026)

#10

Aug 14, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/14/2026. As a preliminary matter, the Court has reviewed Petitioner's 9 Motion/Application for Leave to Proceed in forma pauperis and, based on Petitioner's financial circumstances, GRANTS this 9 Motion. The Court has reviewed the First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 8 ), as well as Respondents' Notice Regarding Class Membership (ECF No. 7 ), and preliminarily finds that Petitioner 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 19, 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 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 - CMB) (Entered: 08/14/2026)

Aug 14, 2026

Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis

#11

Aug 18, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Alberto Garcia De La Cruz. (DLS) (Entered: 08/19/2026)

#12

Aug 19, 2026

NOTICE Federal Respondents Supplemental Notice Regarding Class Membership (ECF No. 1) by Michael Bernake, Todd Blanche, Ice Ero, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella re 10 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,, Minute Order,,,,,,,,,,. (Botros, Tamer) (Entered: 08/19/2026)

#13

Aug 24, 2026

REPLY to 10 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,, Minute Order,,,,,,,,,, by Petitioner Alberto Garcia De La Cruz. (Saenz-Ochoa, Ashlyn) (Entered: 08/24/2026)

#14

Aug 28, 2026

ORDER GRANTING WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED that Petitioner's Motion to Proceed in forma pauperis (ECF No. 11 ) is GRANTED. IT IS HEREBY ORDERED Petitioner's First Amended Petition for Writ of Habeas Corpus (ECF No. 8 ) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal recognizance on August 29, 2026 between the hours of 12:00 P.M. and 3:00 P.M. Counsel for Petitioner (or their designee/agent) will be permitted to wait in the Federal Justice Tower lobby during the release window. IT IS FURTHER ORDERED Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioners liberty, such as electronic monitoring, without having established the reasonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. If Federal Respondents impose release conditions in violation of this Order, the Court will consider contempt sanctions against the agency officials responsible. IT IS FURTHER ORDERED Respondents must return Petitioner's personal property, including any personal identification and employment authorization documents, UPON HIS RELEASE. If Federal Respondents fail to do so, the Court will consider contempt sanctions against the agency officials responsible. IT IS FURTHER ORDERED Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED Respondents may not re-detain Petitioner during the pendency of his current removal proceedings until after an immigration court hearing is held, with adequate notice, to determine whether detention is appropriate under the INA and its implementing regulations. To the extent the government seeks to detain Petitioner under 8 U.S.C. §1226(a), it bears the burden of establishing that detention is appropriate by clear and convincing evidence. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by September 1, 2026 confirming Respondents' compliance with this Order, including: (i) the date and time of Petitioners release; (ii) compliance with this Courts directives concerning release on personal recognizance; and (iii) the return of Petitioners personal property. 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 8/28/2026. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 08/28/2026)

#15

Aug 28, 2026

JUDGMENT entered pursuant to 14 Order. Signed by Clerk of Court Debra K. Kempi on 8/28/2026. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 08/28/2026)

#16

Aug 31, 2026

Status Report