District of Nevada • 2:26-cv-02803

#1

Sep 03, 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) (JQC) (Entered: 09/04/2026)

#2

Sep 04, 2026

NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-02803-CDS-NJK. (JQC) (Entered: 09/04/2026)

Sep 04, 2026

Assign Judges in Civil Case

Sep 04, 2026

Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (JQC)

#3

Sep 11, 2026

ORDER Service and Appointment. IT IS FURTHER ORDERED that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent the petitioner and is directed to file a notice of appearance (or indicate its inability to represent the petitioner) by September 18, 2026. If the FPD is unable to represent the petitioner, alternate counsel will be appointed. Appointed counsel will represent the petitioner in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless allowed to withdraw. If the FPD files a notice of appearance in this matter, it (1) will then have 14 days to file either an amended petition or a motion to dismiss the petition, (2) must effectuate service of the amended petition, if one is filed, on the respondents, and (3) must file a motion for leave to proceed in forma pauperis on the petitioner's behalf. IT IS FURTHER KINDLY ORDERED that the clerk of court: 1. FILE the petition (ECF No. 1 -1). The petition (ECF No. 1 -1) is deferred. 2. ADD the USAO to the docket as an Interested Party. Pursuant to District of Nevada's General Order 2026-03 (Feb. 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. The USAO is not required to file a response to the petition at this time. 3. SEND a copy of the petition (ECF No. 1 -1) and this order to the Federal Public Defender at ecf_nvchu@fd.org, the petitioner, and the CJA Coordinator for this division. 4. SEND a courtesy copy of the petition (ECF No. 1 -1) and this order to Christian Orme at christian.orme@cityofhenderson.com. IT IS FURTHER ORDERED that the parties must meet and confer regarding any requests for an extension of deadlines and stipulate to the extension if possible. Any motion for extension must certify efforts taken to meet and confer and indicate the opposing party's position regarding the extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) and Local Rules IA 6-1, 6-2. IT IS FURTHER ORDERED that the respondents must not transfer the petitioner out of this District, with the exception of effectuating the petitioner's lawful deportation, until further order of the Court. In the event of lawful deportation, the respondents counsel must file a notice with the Court within five days of removal. Signed by Judge Cristina D. Silva on 9/11/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 09/14/2026)

#4

Sep 11, 2026

PETITION for Writ of Habeas Corpus by Alian Aguila Aguila. The petition is deferred per 3 Order. (JG) (Entered: 09/14/2026)

#5

Sep 17, 2026

Mail Returned as Undeliverable re 2 Advisory Letter Habeas only - FORM addressed to Alian Aguila Aguila. Note: Not Deliverable, RTS, not at this address. (JG) (Entered: 09/21/2026)

#6

Sep 22, 2026

NOTICE of Appearance by Wendi L Overmyer, Assistant Federal Public Defender appearing for Petitioner Alian Aguila Aguila. Substituted counsel in place of Sylvia A. Irvin. (no image attached) (Overmyer, Wendi) (Entered: 09/22/2026)

Sep 22, 2026

Notice of Appearance - AFPD Immigration only

#7

Sep 25, 2026

NOTICE of Appearance by Russell G. Webb, Assistant United States Attorney appearing for Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (no image attached) (Webb, Russell) (Entered: 09/25/2026)

Sep 25, 2026

Notice of Appearance - AUSA Immigration only

#8

Sep 28, 2026

Emergency MOTION to Enforce and Motion to Prohibit Petitioners Removal to Third Country and Return Petitioner to the District of Nevada re 3 Order by Petitioner Alian Aguila Aguila. Responses are due by 10/12/2026. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Overmyer, Wendi) (MJorder) (Entered: 09/28/2026)

#9

Oct 02, 2026

MOTION to Extend Time (First Request) re 3 Order by Petitioner Alian Aguila Aguila. Responses are due by 10/16/2026. (Overmyer, Wendi) (amend) (Entered: 10/02/2026)

#10

Oct 02, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 10/2/2026. Petitioner Alian Aguila-Aguila's counsel filed an emergency motion seeking to (1) prohibit the petitioner's removal to a third country, (2) require that he be returned to the District of Nevada, and (3) enforce the court's order requiring the production of certain immigration records. ECF No. 8 . Given the representations made by counsel, I find that expedited briefing is warranted. The respondents are therefore ordered to file their response to the emergency motion by 5:00 p.m. on Monday, October 5, 2026. It is further ordered that counsel for the petitioner and the respondents appear for a hearing on Tuesday, October 6, 2026, at 11:30 a.m. in LV Courtroom 6B.(no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 10/02/2026)

Oct 02, 2026

Minute Order Setting Hearing on Motion

#11

Oct 05, 2026

RESPONSE to 10 Minute Order Setting Hearing on Motion,,, 8 Motion to Enforce, by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Attachments: # 1 Exhibit A)(Webb, Russell) (Entered: 10/05/2026)

#12

Oct 06, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 10/6/2026. After reviewing the response to petitioner Alian Aguila-Aguila's emergency motion to prohibit his removal to a third country, it is ordered that either Virginia Tomova or Tamer Botros Botros must attend the hearing today, October 6, 2026, at 11:30 a.m. in LV Courtroom 6B.(no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 10/06/2026)

#13

Oct 06, 2026

MINUTES OF PROCEEDINGS - Motion Hearing held on 10/6/2026 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Wendi Overmyer; Def Counsel: Russell Webb; Court Reporter: Samantha McNett; Time of Hearing: 11:37 a.m. - 12:05 p.m.; Courtroom: 6B; Parties are present. The Court addresses Mr. Botros. The Court makes preliminary remarks and hears representations as to Emergency Motion to Enforce and Motion to Prohibit Petitioners Removal to Third Country and Return Petitioner to the District of Nevada (ECF No. 8).Accordingly, as stated on the record the Court grants in part the emergency motion (ECF No. 8). The Court grants the motion prohibiting Mr. Aguila's removal to a third country pending further order of this Court. Further, the Court grants the motion to require the production of the two documents that remain outstanding that were identified on the record. The Court will defer the Petitioner's request for an order to return Petitioner to the District of Nevada pending attempts by Ms. Overmeyer to have contact with Mr. Aguila. Further, Mr. Webb shall coordinate the contact between Ms. Overmeyer and her client by Monday, October 12, 2026. If those contacts are unsuccessful, a notice shall be filed informing the Court by Tuesday, October 13, 2026.Further, the Court orders production of the documents be sent to petitioner's counsel on or before Friday, October 16, 2026. Amended Petition is due by 10/23/2026. Responses are due by 11/6/2026 Replies are due by 11/13/2026. A written order will follow. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) (Entered: 10/06/2026)

Oct 06, 2026

Motion Hearing

Oct 06, 2026

Minute Order

#14

Oct 07, 2026

ORDER Granting in Part Petitioner's Emergency Motion to Prohibit Removal and Granting Motion to Extend Time. IT IS HEREBY ORDERED that the petitioner's emergency motion [ECF No. 8 ] is GRANTED in part as set forth in this order. IT IS FURTHER ORDERED that the petitioner's motion to extend time [ECF No. 9 ] is GRANTED. An amended petition is due by October 23, 2026. The respondents must file a response by November 6, 2026. The petitioner will have until November 13, 2026, to file a reply. IT IS FURTHER ORDERED that the respondents' motion to dismiss for lack of jurisdiction [ECF No. 11 ] is DENIED. IT IS FURTHER ORDERED that the petitioner's motion to prohibit removal to a third country is GRANTED. IT IS FURTHER ORDERED that the federal respondents must make coordinated efforts to effectuate the petitioner's legal representation as set forth in this order. IT IS FURTHER ORDERED that the petitioner's motion to compel discovery is granted. The federal respondents must produce the petitioner's requested immigration documents as set forth in this order by October 16, 2026. IT IS FUTHER ORDERED that the respondents must coordinate with El Paso ICE representatives and the petitioner's counsel to ensure that his counsel can communicate with her client. If such coordination is unsuccessful, the respondents must provide notice to the court no later than October 13, 2026. Signed by Judge Cristina D. Silva on 10/7/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 10/07/2026)

#15

Oct 13, 2026

NOTICE to Court Pertaining to Location of Petitioner and Coordination with Petitioners Counsel by Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 13 Motion Hearing,,,,,,. (Attachments: # 1 Exhibit A)(Webb, Russell) (Entered: 10/13/2026)

#16

Oct 23, 2026

MOTION to Extend Time (Second Request) re 13 Motion Hearing by Petitioner Alian Aguila Aguila. Responses are due by 11/6/2026. (Overmyer, Wendi) (amend) (Entered: 10/23/2026)

#17

Oct 30, 2026

MOTION to Extend Time (Third Request) re 14 Order on Motion to Enforce,,,,,,, Order on Motion to Extend/Shorten Time,,,,,,,,,,,,, 3 Order,,,,,,,,,,, Add and Terminate Attorneys,,,,,,,,,, by Petitioner Alian Aguila Aguila. Responses are due by 11/13/2026. (Overmyer, Wendi) (amend) (Entered: 10/30/2026)

#18

Nov 04, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/4/2026. Counsel for petitioner Alian Aguila-Aguila requests a seven-day extension of time to file an amended petition for writ of habeas corpus, explaining that counsel requires additional time to review immigration records and conduct further research before finalizing the amended petition. ECF No. 17 . Although this is counsel's third request for an extension of time, they represent that this request is unopposed. Id. at 2. I find that the request is made in good faith and not for purposes of delay. Therefore, Aguila-Aguila's motion [ECF No. 17] is granted, and the deadline to file an amended petition is extended to November 6, 2026. In light of this ruling, Aguila-Aguila's second motion for an extension of time [ECF No. 16] is denied as moot. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 11/04/2026)

Nov 04, 2026

Minute Order AND Order on Motion to Extend/Shorten Time AND Order on Motion to Extend/Shorten Time

#19

Nov 06, 2026

AMENDED PETITION for Writ of Habeas Corpus by Alian Aguila Aguila. Adds new parties. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Overmyer, Wendi) (Entered: 11/06/2026)

#20

Nov 06, 2026

NOTICE of Manual Filing by Petitioner Alian Aguila Aguila re 19 Amended Petition for Writ of Habeas Corpus. Object: Flash Drive, Volume(s): 1 Vol, Description: Audio Hearing, manually filed with the Clerk's Office. (Overmyer, Wendi) (Entered: 11/06/2026)