Active
Case Information
Filed: September 04, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Nancy J. Koppe
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
September 29, 2026
Parties:
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Docket Entries
#1
Sep 04, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Rojas Rodriguez Jose. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Motion for Appointment of Counsel)(HAM) (Entered: 09/04/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#2
Sep 04, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02813-GMN-NJK. (HAM) (Entered: 09/04/2026)
Main Document:
Advisory Letter Habeas only - FORM
Sep 04, 2026
Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (HAM)
Sep 04, 2026
Assign Judges in Civil Case
#3
Sep 08, 2026
SERVICE AND APPOINTMENT OF COUNSEL ORDER. Attorney designation deadline: 9/10/2026. Notice of Compliance is due by 9/11/2026. Amended Petition is due by 9/18/2026. IFP or Payment of Filing Fee is due by 9/18/2026. Signed by Judge Richard F. Boulware, II. (Attachments: # 1 Information for Filing an Application to Proceed In Forma Pauperis by an Inmate Under 28 U.S.C. § 1915) (Copies have been distributed pursuant to the NEF. A copy of this Order distributed as instructed. - RJDG) (Entered: 09/08/2026)
Main Document:
Order Appointing Counsel AND Order on Motion/Application to Proceed In Forma Pauperis
#4
Sep 11, 2026
NOTICE of Appearance by Tamer Botros Botros, Assistant United States Attorney appearing for Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (no image attached) (Botros, Tamer) (Entered: 09/11/2026)
#5
Sep 11, 2026
NOTICE Federal Respondents Notice Regarding Class Membership Pursuant to Service and Appointment of Counsel Order (ECF No. 3) by Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis re 3 Order on Motion/Application to Proceed in forma pauperis,,, Order Appointing Counsel,,. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Answers to Interrogatories)(Botros, Tamer) (Entered: 09/11/2026)
Main Document:
Notice Other
#6
Sep 11, 2026
NOTICE of Appearance by Sean A McClelland, Assistant Federal Public Defender appearing for Petitioner Rojas Rodriguez Jose. Substituted counsel in place of Sylvia A. Irvin. (no image attached) (McClelland, Sean) (Entered: 09/11/2026)
Sep 11, 2026
Notice of Appearance - AUSA Immigration only
Sep 11, 2026
Notice of Appearance - AFPD Immigration only
#7
Sep 18, 2026
AMENDED PETITION for Writ of Habeas Corpus by Rojas Rodriguez Jose. Adds new parties. (McClelland, Sean) (Entered: 09/18/2026)
Main Document:
Petition Writ of Habeas Corpus Amended
#8
Sep 21, 2026
ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-02813-GMN-NJK to Judge Richard F. Boulware, II, for all further proceedings. All further documents must bear the correct case number 2:26-cv-02813-RFB-NJK. IT IS FURTHER ORDERED the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. Signed by Judge Gloria M. Navarro and Judge Richard F. Boulware, II on 9/21/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 09/21/2026)
Main Document:
Order Reassign Judge
#9
Sep 21, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/21/2026.The Court has reviewed the First Amended Petition for Writ of Habeas Corpus (the "Petition") (ECF No. 7 ), as well as Respondents' Notice Regarding Class Membership (ECF No. 5 ).As an initial matter, the Court finds good cause to grant Petitioner, a civil detainee, leave to proceed in forma pauperis. IT IS HEREBY ORDERED that Petitioner's 1 Motion to Proceed in forma pauperis is GRANTED. Additionally, the Court 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, 834 F. Supp. 3d 1073 (D. Nev. 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 September 24, 2026. Amongst other things, Respondents' return must: (a.) indicate whether Petitioner is, or is not, a member of the Jacobo-Ramirez Class; (b.) identify a specific statutory authority that authorizes Petitioner's detention; and (c.) attach any, and all, records that Respondents rely on to justify Petitioner's detention.As the Court's Order directing a response is clear, a failure by Respondents to properly respond to the Order and/or identify a specific authority that authorizes Petitioners detention 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, September 29, 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 Service Order, ECF No. 3 . (Copies have been distributed pursuant to the NEF - JT) (Entered: 09/21/2026)
Sep 21, 2026
Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis
#10
Sep 23, 2026
NOTICE of Redacted Initiating Documents by Rojas Rodriguez Jose re 3 Order on Motion/Application to Proceed in forma pauperis,,, Order Appointing Counsel,,. (McClelland, Sean) (Entered: 09/23/2026)
Main Document:
Notice Other
#11
Sep 24, 2026
RESPONSE to 9 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,, Minute Order,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (Botros, Tamer) (Entered: 09/24/2026)
Main Document:
Response
#12
Sep 29, 2026
REPLY to 11 Response by Petitioner Rojas Rodriguez Jose. (McClelland, Sean) (Entered: 09/29/2026)
Main Document:
Reply
Parties
Blanche
Party
Jose
Party