Active
Case Information
Filed: September 24, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Daniel J. Albregts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
October 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 24, 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: 09/24/2026)
Main Document:
Receipt Initiating Documents
Attachment 1:
Petition for Writ of Habeas Corpus
Habeas
RECAP
PACER
#2
Sep 24, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-03073-RFB-BNW. (HAM) (Entered: 09/24/2026)
Main Document:
Advisory Letter Habeas only - FORM
Sep 24, 2026
Assign Judge RFB in Immigration Case
Sep 24, 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 (HAM)
#3
Sep 25, 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. 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 9/25/2026). 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 9/25/2026). 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. 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 9/25/2026). 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 Petitioner's Counsel within 3 days of this Order being docketed in this case. Within 3 days, Respondents must file a response that SHOWS CAUSE for Petitioner' detention by "certifying [its] true cause." 28 U.S.C. § 2243. 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. Signed by Judge Richard F. Boulware, II on 9/25/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 09/25/2026)
#4
Sep 28, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/28/2026. 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. The Clerk's Office is directed to send through CM/ECF Ashlee Hesman a courtesy copy of this minute order at ahesman@strucklove.com. (no image attached) (Copies have been distributed pursuant to the NEF - CH) (Entered: 09/28/2026)
#5
Sep 28, 2026
NOTICE of Appearance by Sylvia A. Irvin, Assistant Federal Public Defender appearing for Petitioner Rodriguez Juarez Jose Luis. (no image attached) (Irvin, Sylvia) (Entered: 09/28/2026)
#6
Sep 28, 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: 09/28/2026)
#7
Sep 28, 2026
RESPONSE to 3 RFB Service Order - ProSe Imm Hab Pet,,,,,,,,, by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Attachments: # 1 Exhibit A Documents, # 2 Exhibit B Interrogatory Responses)(Botros, Tamer) (Entered: 09/28/2026)
Main Document:
Response
Sep 28, 2026
Warden Joinder Minute Order
Sep 28, 2026
Notice of Appearance - AUSA Immigration only
Sep 28, 2026
Notice of Appearance - AFPD Immigration only
#8
Sep 29, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/29/2026. 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: 09/29/2026)
Sep 29, 2026
Minute Order Recusal
#9
Sep 30, 2026
CLERK'S NOTICE that this case is randomly reassigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:26-cv-03073-RFB-DJA. (no image attached) (HAM) (Entered: 09/30/2026)
Sep 30, 2026
Clerks Notice Reassign Judge
#10
Oct 01, 2026
ORDER APPOINTING COUNSEL - The Court appoints JIM FANG, Esq. as associate CJA counsel for JOSE LUIS RODRIGUEZ JUAREZ. Signed by Judge Richard F. Boulware, II on 10/1/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 10/01/2026)
Main Document:
Order Appointing Counsel
#11
Oct 05, 2026
TRAVERSE re 3 RFB Service Order - ProSe Imm Hab Pet,,,,,,,,, 7 Response, by Petitioner Rodriguez Juarez Jose Luis. (Fang, Jim) (Entered: 10/05/2026)
Main Document:
Traverse
#13
Oct 07, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Luis Rodriguez Juarez. (GA) (Entered: 10/13/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#12
Oct 08, 2026
RESPONSE to 3 RFB Service Order - ProSe Imm Hab Pet,,,,,,,,, 11 Traverse by Respondents Michael Bernake, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Botros, Tamer) (Entered: 10/08/2026)
Main Document:
Response
#14
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
#15
Oct 21, 2026
ORDER - IT IS HEREBY ORDERED Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 -1) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from detention on his personal recognizance on October 22, 2026, between the hours of 12:00 P.M. and 3:00 P.M. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by October 23, 2026. The Clerk of Court is kindly instructed to enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 10/21/2026. (Copies have been distributed pursuant to the NEF - GA)
#16
Oct 21, 2026
Judgment
Main Document:
Judgment
#17
Oct 23, 2026
Status Report
Main Document:
Status Report
Parties
Blanche
Party
Jose Luis
Party