District of Nevada • 2:26-cv-02729

#1

Aug 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, # 2 class membership) (WJ) (Entered: 08/28/2026)

#2

Aug 28, 2026

NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02729-RFB-DJA. (WJ) (Entered: 08/28/2026)

Aug 28, 2026

Assign Judges in Civil Case

Aug 28, 2026

Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (WJ)

#3

Aug 31, 2026

ORDER - the Court DEFERS consideration of the filing fee until Petitioner has an opportunity to address it with the assistance of counsel. IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an application to proceed in forma pauperis ("IFP Application"), by September 7, 2026. IT IS HEREBY ORDERED Petitioner's Motion for Appointment of Counsel is GRANTED and the Federal Public Defender for the United States District of Nevada (FPD) is APPOINTED to represent Petitioner. Attorney designation deadline: 9/1/2026. 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 Federal Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioners detention (See Order for details). Federal Respondents must PRODUCE these materials to Petitioners Counsel by September 2, 2026. On or before September 2, 2026, Respondents must SHOW CAUSE for Petitioner's detention. The Clerk of Court is kindly INSTRUCTED to: 1.ATTACH a copy of the Court's standard IFP Application to this Order. (Sent on 8/31/2026). 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 8/31/2026). 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 8/31/2026). 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 8/31/2026). Signed by Judge Richard F. Boulware, II on 8/31/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/31/2026)

#4

Sep 01, 2026

NOTICE of Appearance by Kelly Tai Scribner, Assistant Federal Public Defender appearing for Petitioner Jose Diaz Garcia. Substituted counsel in place of Sylvia A. Irvin. (no image attached) (Scribner, Kelly) (Entered: 09/01/2026)

#5

Sep 01, 2026

NOTICE of Appearance by Laura Angeline Barrera, Assistant Federal Public Defender appearing for Petitioner Jose Diaz Garcia. (no image attached) (Barrera, Laura) (Entered: 09/01/2026)

Sep 01, 2026

Notice of Appearance - AFPD Immigration only

#6

Sep 02, 2026

RESPONSE to 1 Receipt of Initiating Documents, 3 Order,,,,,,,, by Respondent John Mattos. (Hesman, Ashlee) (Entered: 09/02/2026)

#7

Sep 02, 2026

NOTICE of Appearance by Tamer Botros Botros, Assistant United States Attorney appearing for Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (no image attached) (Botros, Tamer) (Entered: 09/02/2026)

#8

Sep 02, 2026

First MOTION to Extend Time (First Request) for Extension of Time to File Notice Regarding Class Membership and Answers to Interrogatories Pursuant to Court Order (ECF No. 3) re 3 Order,,,,,,,, by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. Responses are due by 9/16/2026. (Botros, Tamer) (presiding) (Entered: 09/02/2026)

Sep 02, 2026

Notice of Appearance - AUSA Immigration only

#9

Sep 03, 2026

NOTICE Federal Respondents Notice Regarding Class Membership Pursuant to Order Governing Procedures In This Case (ECF No. 3) by Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella re 3 Order,,,,,,,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Answers to Interrogatories)(Botros, Tamer) (Entered: 09/03/2026)

#10

Sep 08, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Diaz Garcia.. (Scribner, Kelly) (Entered: 09/08/2026)

#11

Sep 08, 2026

TRAVERSE re 9 Notice (Other), 3 Order,,,,,,,, by Petitioner Jose Diaz Garcia. (Scribner, Kelly) (Entered: 09/08/2026)

#12

Sep 11, 2026

ORDER - IT IS HEREBY ORDERED Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 -1) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal recognizance on September 12, 2026 between th e hours of 12:00 P.M. and 3:00 P.M. IT IS FURTHER ORDERED Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioner's liberty, such as electronic monitoring, without having established the re asonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. IT IS FURTHER ORDERED Respondents must return Petitioner's personal property, including any personal identification and employment author ization documents, UPON HIS RELEASE. 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. IT IS FURTHER ORDERED Respondents& #039; Motion for Extension of Time (ECF No. 8 ) is GRANTED nunc pro tunc. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by September 14, 2026. 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. Signed by Judge Richard F. Boulware, II on 9/11/2026. (Copies have been distributed pursuant to the NEF - GA)

#13

Sep 11, 2026

JUDGMENT entered per 12 Order. Signed by Clerk of Court Debra K. Kempi on 9/11/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 09/11/2026)

#14

Sep 15, 2026

Status Report