District of Nevada • 2:26-cv-02982

#1

Sep 17, 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: 09/18/2026)

#2

Sep 18, 2026

NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-02982-RFB-DJA. (HAM) (Entered: 09/18/2026)

#3

Sep 18, 2026

ORDER - IT IS HEREBY ORDERED Respondents are ENJOINED from removing, or transferring, Petitioner outside of the District of Nevada pending further order of the Court. The Court DEFERS consideration of Petitioner's filing fee, or application to proceed in forma pauperis ("IFP Application"), until Petitioner has an informed opportunity to properly satisfy these requirements with the assistance of counsel. IT IS HEREBY ORDERED Petitioner must either pay the filing fee or submit an IFP Application within 10 days. Payment of filing fee is due by 9/28/2026. IT IS FURTHER ORDERED the Clerk of Court is respectfully instructed to attach a copy of the Court's standard IFP Application to this Order. (Sent on 9/18/2026). IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. Attorney designation deadline: 9/20/2026. IT IS FURTHER ORDERED that the Clerk of the Court is respectfully instructed to ADD the FPD to the docket as an "Attorney to be Noticed" using the following email address: ecf_nvchu@fd.org. (Ad hoc on 9/18/2026). IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to SEND a copy of this Order to the FPD and CJA Resource Counsel. (Ad hoc on 9/18/2026). IT IS HEREBY ORDERED Respondents must PRODUCE the following records, which are relevant to the lawfulness of Petitioner's detention. (See Order for details). Respondents must PRODUCE these documents to Petitioner's Counsel within 3 days of this Order being docketed in this case. Notice of Compliance is due by 9/21/2026. Within 3 days, Respondents must file a response that SHOWS CAUSE for Petitioner' detention by "certifying [its] true cause." 28 U.S.C. § 2243. Show Cause Response is due by 9/21/2026. IT IS HEREBY ORDERED the Clerk of Court is respectfully instructed to ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. IT IS FURTHER ORDERED Petitioner, with the assistance of counsel, must serve the warden of the facility where they are detained with a copy of their petition and this Order within 4 days (due by 9/22/2026). Signed by Judge Richard F. Boulware, II on 9/18/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) Payment of filing fee is due by 9/28/2026-Modified on 9/19/2026 (GA). (Entered: 09/18/2026)

#4

Sep 18, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/18/2026. IT IS HEREBY ORDERED that the Court joins Petitioner's immediate custodian as a necessary party to this case. Federal courts may add necessary parties to a proceeding sua sponte. See CP Nat. Corp. v. Bonneville Power Admin, 928 F.2d 905, 911 (9th Cir. 1991); Est. of Mendez v. City of Ceres, 390 F. Supp. 3d 1189, 1200 (E.D. Cal. 2019) (same). Under Federal Rule of Civil Procedure 19(a), the Court "must order that [a] person be made a party" if it "cannot accord complete relief among existing parties." Fed. R. Civ. P. 19(a); see also Fed. R. Civ. P. 81 (clarifying that the Federal Rules of Civil Procedure generally govern habeas corpus proceedings). It is well-settled that the proper respondent in habeas challenges to present physical confinement is "the warden of the facility where the [Petitioner] is being held"; after all, the warden serves as the Petitioner's "immediate custodian." Doe v. Garland, 109 F.4th 1188, 1195 (9th Cir. 2024) (citations omitted). Since the Warden of the Nevada Southern Detention Center is "the person with the ability to produce [Petitioner]" before this Court, the Court concludes that they are a necessary party to this habeas proceeding, as they are ultimately responsible for effectuating Petitioner's release from unlawful confinement. See Rumsfeld v. Padilla, 542 U.S. 426, 43536 (2004) (citations and quotation marks omitted) (emphasis added). Therefore, IT IS HEREBY FURTHER ORDERED John Mattos is JOINED to this case as a necessary party. (no image attached) (Copies have been distributed pursuant to the NEF - CH) (Entered: 09/18/2026)

Sep 18, 2026

Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. Based upon judicial economy and the efficient use of court resources, the judges of this District have decided that all immigration habeas cases shall be initially assigned to one district judge during the screening process. Accordingly, this case is directly assigned to Judge Richard F. Boulware, II until further order by the Court. Nature of Suit: 463 - Habeas Immigration (HAM)

Sep 18, 2026

Warden Joinder Minute Order

Sep 18, 2026

Assign Judge RFB in Immigration Case

#5

Sep 21, 2026

NOTICE of Appearance by Sylvia A. Irvin, Assistant Federal Public Defender appearing for Petitioner Fernando Alfaro Enriquez. (no image attached) (Irvin, Sylvia) (Entered: 09/21/2026)

#6

Sep 21, 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: 09/21/2026)

#7

Sep 21, 2026

MOTION to Extend Time (First Request) to file Response regarding Standard Procedures for Pro Se Immigration Habeas Petitions re 3 Order,,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. Responses are due by 10/5/2026. (Botros, Tamer) (presiding) (Entered: 09/21/2026)

Sep 21, 2026

Notice of Appearance - AUSA Immigration only

Sep 21, 2026

Notice of Appearance - AFPD Immigration only

#8

Sep 22, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/22/2026.Pursuant to the Court's 3 Order, Respondents were ordered to file a response that shows cause for Petitioner's detention by "certifying [its] true cause." 28 U.S.C. § 2243. The Court warned that, because Respondents bear the burden to justify Petitioner's civil detention, if their return is untimely, the Court shall forthwith award the writ." Id. Respondents were ordered to file their return by September 21, 2026, three days after the 3 Order. See id.On September 21, 2026, Federal Respondents filed the instant 7 Motion to Extend Time, which requested a 4-day extension due to the voluminous breadth of work. As Respondents have made the decision to detain Petitioner, the Court finds that Respondents have not demonstrated good cause or excusable neglect justifying the extension they seek. See Fed. R. Civ. P. 6(b).Petitioner has been detained by Respondents since August 4, 2026, over a month before Respondents were required to file a return in this case. See ECF No. 1 -1. Civil detention, including immigration detention, is only appropriate in special and narrow nonpunitive circumstances, where a special justification outweighs the individual's constitutionally protected interest in avoiding physical restraint. See Zadvydas v. Davis, 533 U.S. 678, 690 (2001). In other words, the government bears the burden to justify the lawfulness of civil detention, and such detention must be lawful at its inception and reasonably related to its purpose. See id. As a result, the Court assumes that any and all documents justifying Petitioner's civil detention must be in Respondents' possession, custody, or control. Thus, the Court finds no good cause for Respondents' failure to produce those documents to date.IT IS HEREBY ORDERED the 7 Motion to Extend is GRANTED IN PART and DENIED IN PART. Respondents will have 2 days from the original deadline--i.e., September 23, 2026--to file a return and attach all documents they rely on to justify Petitioner's detention. If they fail to do so, the Court will "forthwith award the writ." 28 U.S.C. § 2243. If Respondents file a return, Petitioner will have 7 days to file a traverse or an amended petition. This Court's 3 Order remains fully in effect. (Copies have been distributed pursuant to the NEF - JT) (Entered: 09/22/2026)

Sep 22, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

#9

Sep 23, 2026

RESPONSE to 8 Order on Motion to Extend/Shorten Time,,,,,,,,,,, Minute Order,,,,,,,,,, 3 Order,,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Answers to Interrogatories)(Botros, Tamer) (Entered: 09/23/2026)

#10

Sep 25, 2026

NOTICE of Appearance by Wendi L Overmyer, Assistant Federal Public Defender appearing for Petitioner Fernando Alfaro Enriquez. Substituted counsel in place of Sylvia A. Irvin. (no image attached) (Overmyer, Wendi) (Entered: 09/25/2026)

Sep 25, 2026

Notice of Appearance - AFPD Immigration only

#11

Sep 30, 2026

MOTION to Extend Time (First Request) re 8 Order on Motion to Extend/Shorten Time,,,,,,,,,,, Minute Order,,,,,,,,,, by Petitioner Fernando Alfaro Enriquez. Responses are due by 10/14/2026. (Overmyer, Wendi) (amend) (Entered: 09/30/2026)

#13

Oct 08, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Fernando Alfaro Enriquez. (JG) (Entered: 10/13/2026)

#12

Oct 09, 2026

MOTION to Extend Time (Second Request) re 8 Order on Motion to Extend/Shorten Time,,,,,,,,,,, Minute Order,,,,,,,,,, by Petitioner Fernando Alfaro Enriquez. Responses are due by 10/23/2026. (Overmyer, Wendi) (amend) (Entered: 10/09/2026)