District of Nevada • 2:26-cv-02994

#2

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) (JQC) (Entered: 09/18/2026)

#1

Sep 18, 2026

NOTICE from USDC advising case against John Mattos, et al., has been received and assigned case number 2:26-cv-02994-RFB-BNW. (JQC) (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)

Sep 18, 2026

Assign Judge RFB in Immigration Case

Sep 18, 2026

Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. 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 (JQC)

#4

Sep 21, 2026

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

#5

Sep 21, 2026

NOTICE of Appearance by Tamer Botros Botros, Assistant United States Attorney appearing for Respondent Todd Blanche. (no image attached) (Botros, Tamer) (Entered: 09/21/2026)

#6

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 Respondent Todd Blanche. 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

#7

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 6 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 September 8, 2026, weeks 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 6 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) (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

#8

Sep 23, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/23/2026. With good cause appearing, the Honorable Magistrate Judge Brenda Weksler recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - MAD) (Entered: 09/23/2026)

#9

Sep 23, 2026

RESPONSE to 7 Order on Motion to Extend/Shorten Time,,,,,,,,,,, Minute Order,,,,,,,,,, 3 Order,,,,,,,,,, by Respondent Todd Blanche. (Attachments: # 1 Exhibit A Documents, # 2 Exhibit B Interrogatory responses)(Botros, Tamer) (Entered: 09/23/2026)

Sep 23, 2026

Minute Order Recusal

#10

Sep 24, 2026

CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:26-cv-02994-RFB-DJA. (no image attached) (JQC) (Entered: 09/24/2026)

Sep 24, 2026

Clerks Notice Reassign Judge

#11

Sep 25, 2026

NOTICE of Appearance by Ubong Akpan, Assistant Federal Public Defender appearing for Petitioner Gerardo Romero Apodaca. Substituted counsel in place of Sylvia A. Irvin. (no image attached) (Akpan, Ubong) (Entered: 09/25/2026)

Sep 25, 2026

Notice of Appearance - AFPD Immigration only

#12

Sep 30, 2026

MOTION to Extend Time (First Request) re 7 Order on Motion to Extend/Shorten Time,,,,,,,,,,, Minute Order,,,,,,,,,, by Petitioner Gerardo Romero Apodaca. Responses are due by 10/14/2026. (Akpan, Ubong) (amend) (Entered: 09/30/2026)

#13

Oct 01, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/1/2026. The Court has reviewed Petitioner's 12 Motion for Extension of Time to File Amended Petition or Traverse. Good cause appearing, IT IS HEREBY ORDERED Petitioner's 12 Motion is GRANTED. Petitioner will have up to, and including, October 5, 2026 to file a traverse or an amended petition. If Petitioner chooses to file an amended petition, Respondents will have 3 days upon filing and service of the amended petition to file a return. Upon filing and service of the return, Petitioner will have 3 days to file a traverse. The Court's 3 Order remains fully in effect. (Copies have been distributed pursuant to the NEF - JT) (Entered: 10/01/2026)

Oct 01, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

#15

Oct 02, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Gerardo Romero Apodaca. (GA) (Entered: 10/05/2026)

#14

Oct 05, 2026

TRAVERSE re 13 Order on Motion to Extend/Shorten Time,,,, Minute Order,,, 7 Order on Motion to Extend/Shorten Time,,,,,,,,,,, Minute Order,,,,,,,,,, by Petitioner Gerardo Romero Apodaca. (Attachments: # 1 Exhibit 1)(Akpan, Ubong) (Entered: 10/05/2026)

#16

Oct 08, 2026

RESPONSE to 13 Order on Motion to Extend/Shorten Time,,,, Minute Order,,, 14 Traverse, by Respondent Todd Blanche. (Botros, Tamer) (Entered: 10/08/2026)

#17

Oct 15, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/15/2026. The screening process has been completed for this case. Based upon judicial economy, this case will remain assigned to Judge Richard F. Boulware, II for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - CH) (Entered: 10/15/2026)

Oct 15, 2026

Minute Order Immigration to remain with RFB