District of Nevada • 2:26-cv-03068

#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)

#2

Sep 24, 2026

NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-03068-RFB-BNW. (HAM) (Entered: 09/24/2026)

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)

Sep 24, 2026

Assign Judge RFB in Immigration Case

#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 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 or su bmit 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 Pub lic 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 tha t 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 PRODU CE 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. With in 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 St ates 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)

#4

Sep 25, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/25/2026. 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 - NJH) (Entered: 09/25/2026)

Sep 25, 2026

Warden Joinder Minute Order

#5

Sep 28, 2026

NOTICE of Appearance by Sylvia A. Irvin, Assistant Federal Public Defender appearing for Petitioner Jaime Reyes Popoca. (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)

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

#10

Oct 01, 2026

ORDER APPOINTING COUNSEL - The Court appoints KAREN MONRREAL-SALAZAR, Esq. as associate CJA counsel for JAMIE REYES POPOCA. (See Order for details). Signed by Judge Richard F. Boulware, II on 10/1/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 10/02/2026)

#9

Oct 02, 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-03068-RFB-DJA. (no image attached) (GA) (Entered: 10/02/2026)

Oct 02, 2026

Clerks Notice Reassign Judge

#11

Oct 05, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Jaime Reyes Popoca. No changes to parties. (Monrreal-Salazar, Karen) (Entered: 10/05/2026)

#12

Oct 06, 2026

Motion/Application Leave to Proceed In Forma Pauperis

#13

Oct 08, 2026

Response

#14

Oct 09, 2026

Traverse

Oct 13, 2026

Minute Order Immigration to remain with RFB

#16

Oct 14, 2026

Response

#17

Oct 30, 2026

ORDER GRANTING WRIT OF HABEAS CORPUS - Based on the foregoing, IT IS HEREBY ORDERED Petitioner's First Amended Petition for Writ of Habeas Corpus (ECF No. 11) is GRANTED. IT IS FURTHER ORDERED Respondents must RELEASE Petitioner from deten tion on his personal recognizance on October 31, 2026, between the hours of 12:00 P.M. and 3:00 P.M. Counsel for Petitioner (or their designee/agent) will be permitted to wait in the Federal Justice Tower lobby during the release window and make reas onable arrangements for Petitioner's departure from the facility. IT IS FURTHER ORDERED Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioner's liberty, such as electronic monitoring, wi thout having established the reasonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. If Federal Respondents impose release conditions in violation of this Order, the Court will consider contempt sanctions against the agency officials responsible. IT IS FURTHER ORDERED Respondents must return Petitioner-s personal property, including any personal identification and employment authorization documents, UPON HIS RELEASE. If Federal Respondents fail to do so, the Court will consider contempt sanctions against the agency officials responsible. IT IS FURTHER ORDERED Respondents may not re-detain Petitioner during the pendency of his current removal proceedings until after an immigration court hea ring is held, with adequate notice, to determine whether detention is appropriate under the INA and its implementing regulations. To the extent the government seeks to detain Petitioner under 8 U.S.C. § 1226(a), it bears the burden of establishi ng that detention is appropriate by clear and convincing evidence. IT IS FURTHER ORDERED the Parties must file a JOINT STATUS REPORT by November 2, 2026 confirming Respondents' compliance with this Order, including: (i) the date and time of P etitioners release; (ii) compliance with this Court's directives concerning release on personal recognizance; and (iii) the return of Petitioner's personal property. The Clerk of Court is kindly instructed to enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 10/30/2026. (Copies have been distributed pursuant to the NEF - DRM)

#18

Oct 30, 2026

Judgment

#19

Nov 04, 2026

Status Report