Active
Case Information
Filed: September 18, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Maximiliano D. Couvillier III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
November 06, 2026
Parties:
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Docket Entries
#1
Sep 18, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Marlon Posada Diaz. (Attachments: # 1 Petition for writ of habeas corpus, # 2 Motion for appointment of counsel)(HAM) (Entered: 09/18/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
Attachment 1:
Petition for Writ of Habeas Corpus
Habeas
RECAP
PACER
#2
Sep 18, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-03011-RFB-MDC. (HAM) (Entered: 09/18/2026)
Main Document:
Advisory Letter Habeas only - FORM
Sep 18, 2026
Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Maximiliano D. Couvillier, III. 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
Assign Judge RFB in Immigration Case
#3
Sep 21, 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 applicatio n 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 o r submit an IFP Application within 10 days. Payment of filing fee is due by 10/1/2026. 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 9/21/2026). IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. 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 9/21/2026). IT IS FURTHER ORDERED the FPD must FILE a notice of appearance or ADVISE the Court and CJA Resource Counsel that it cannot represent Petitioner, within 2 days of this Order being docketed in this case. Attorney designation deadline: 9/23/2026. 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 9/21/2026). 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 9/24/2026. 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 9/24/2026. 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 9/25/2026). Signed by Judge Richard F. Boulware, II on 9/21/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA)
#4
Sep 23, 2026
NOTICE of Appearance by Sylvia A. Irvin, Assistant Federal Public Defender appearing for Petitioner Marlon Posada Diaz. (no image attached) (Irvin, Sylvia) (Entered: 09/23/2026)
Sep 23, 2026
Notice of Appearance - AFPD Immigration only
#5
Sep 24, 2026
NOTICE of Appearance by Tamer Botros Botros, Assistant United States Attorney appearing for Respondents Michael Bernake, Todd Blanche, DHS, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (no image attached) (Botros, Tamer) (Entered: 09/24/2026)
#6
Sep 24, 2026
RESPONSE to 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, DHS, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Attachments: # 1 Exhibit A - Documents Pertaining to Petitioner, # 2 Exhibit B - Answers to Interrogatories)(Botros, Tamer) (Entered: 09/24/2026)
Main Document:
Response
Sep 24, 2026
Notice of Appearance - AUSA Immigration only
#7
Sep 29, 2026
NOTICE of Appearance by Laura Angeline Barrera, Assistant Federal Public Defender appearing for Petitioner Marlon Posada Diaz. (no image attached) (Barrera, Laura) (Entered: 09/29/2026)
Sep 29, 2026
Notice of Appearance - AFPD Immigration only
#8
Oct 01, 2026
MOTION to Extend Time (First Request) to File First Amended Petition re 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,,,,,, by Petitioner Marlon Posada Diaz. Responses are due by 10/15/2026. (Barrera, Laura) (amend) (Entered: 10/01/2026)
Main Document:
Motion Extend/Shorten Time
#9
Oct 15, 2026
Motion Extend/Shorten Time
Main Document:
Motion Extend/Shorten Time
#10
Oct 29, 2026
Traverse
Main Document:
Traverse
#13
Nov 05, 2026
ORDER. I ORDER that the petitioner's motions to extend time (ECF Nos. 8 , 9 ) are GRANTED. I FURTHER ORDER that the federal respondents must file a response to the traverse (ECF No. 10 ) within 14 days. The petitioner may file a reply within 7 days of the response. Signed by Chief Judge Andrew P. Gordon on 11/5/2026. (Copies have been distributed pursuant to the NEF - RJDG)
Nov 05, 2026
Clerks Notice Reassign Judge
Nov 05, 2026
Minute Order Immigration to be reassigned
Parties
Blanche
Party
Diaz
Party