District of Nevada • 2:26-cv-02373

Reyes v. Blanche

Active

Case Information

Filed: August 04, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 11, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 03, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Cristian Luis Reyes. (Attachments: # 1 Petition for Writ of Habeas Corpus)(HAM) (Entered: 08/04/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Aug 04, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02373-MMD-EJY. (HAM) (Entered: 08/04/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Aug 04, 2026
TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02373-MMD-EJY 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-02373-RFB-EJY. Signed by Judge Miranda M. Du on 8/4/2026. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 08/04/2026)
Main Document: Order Reassign Judge
#4
Aug 04, 2026
SERVICE AND APPOINTMENT OF COUNSEL ORDER. To 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. IT IS HEREBY ORDERED Petitioner's IFP Application (ECF No. 1 ) is GRANTED. 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 August 6, 2026. IT IS HEREBY ORDERED the following parameters will govern in this case. - Notice Regarding Class Membership and Detention Authority: On or before August 7, 2026. - Amended Petition: On or before August 14, 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: 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). See order for further details. Signed by Judge Richard F. Boulware, II on 8/4/2026. (Copies have been distributed pursuant to the NEF; CC: A copy of the Petition (ECF No. 1 -1), and this Order distributed as directed - MAM) (Entered: 08/04/2026)
Main Document: Order Appointing Counsel AND Order on Motion/Application to Proceed In Forma Pauperis AND ~Util - Add and Terminate Parties
Aug 04, 2026
Assign Judges in Civil Case
Aug 04, 2026
Case randomly assigned to Judge Miranda M. Du and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (HAM)
#5
Aug 06, 2026
NOTICE of Appearance by attorney Kelly Tai Scribner on behalf of Petitioner Cristian Luis Reyes. (Scribner, Kelly) (Entered: 08/06/2026)
Main Document: Notice Appearance of Counsel
#6
Aug 07, 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: 08/07/2026)
Main Document: Notice Appearance of Counsel
#7
Aug 07, 2026
NOTICE Federal Respondents Notice Regarding Class Membership (ECF No. 1) by Michael Bernake, Todd Blanche, Ruben Leyva, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David Venturella re 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,, Order Appointing Counsel,,,,,,, Add and Terminate Parties,,,,,,. (Attachments: # 1 Exhibit A-Documents Pertaining to Petitioner, # 2 Exhibit B-Answers to Interrogatories)(Botros, Tamer) (Entered: 08/07/2026)
Main Document: Notice Other
#8
Aug 14, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Cristian Luis Reyes. No changes to parties. (Scribner, Kelly) (Entered: 08/14/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#9
Aug 14, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 8/14/2026. 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
#10
Aug 17, 2026
LETTER from Cristian Luis Reyes. (DLS) (Entered: 08/17/2026)
Main Document: Letter
#11
Aug 19, 2026
RESPONSE to 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,, Order Appointing Counsel,,,,,,, Add and Terminate Parties,,,,,, 8 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 08/19/2026)
Main Document: Response
#12
Aug 19, 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 9 Minute Order,,,,,,,,,. (Botros, Tamer) (Entered: 08/19/2026)
Main Document: Notice Other
#13
Aug 20, 2026
REPLY to 8 Amended Petition for Writ of Habeas Corpus by Petitioner Cristian Luis Reyes. (Scribner, Kelly) (Entered: 08/20/2026)
Main Document: Reply
#14
Sep 09, 2026
ORDER GRANTING WRIT OF HABEAS CORPUS. 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 September 10, 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 September 11, 2026. The Clerk of Court is kindly instructed to enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 9/9/2026. (Copies have been distributed pursuant to the NEF - MAM)
Main Document: Order
#15
Sep 09, 2026
Judgment
Main Document: Judgment
#16
Sep 11, 2026
Status Report
Main Document: Status Report

Parties

Blanche
Party
Reyes
Party