Active
Case Information
Filed: September 28, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
October 28, 2026
Parties:
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Docket Entries
#1
Sep 28, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) by Gustavo Rodriguez-Saucedo. (Attachments: # 1 Class form, # 2 Certificate of Service, # 3 Receipt) (HAM) (Entered: 09/29/2026)
Main Document:
Petition Writ of Habeas Corpus
Sep 28, 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 (JG)
Sep 28, 2026
Assign Judge RFB in Immigration Case
#2
Sep 29, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-03133-RFB-BNW. (HAM) (Entered: 09/29/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
Sep 29, 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 9/29/2026). 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 9/29/2026). 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 9/29/2026). 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 9/29/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA) (Entered: 09/29/2026)
#4
Sep 30, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/30/2026. 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 Clerks 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 - NJH) (Entered: 09/30/2026)
#5
Sep 30, 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: 09/30/2026)
Sep 30, 2026
Warden Joinder Minute Order
Sep 30, 2026
Notice of Appearance - AUSA Immigration only
#6
Oct 02, 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 Pertaining to Petitioner, # 2 Exhibit B Answers to Interrogatories)(Botros, Tamer) (Entered: 10/02/2026)
Main Document:
Response
#7
Oct 05, 2026
ORDERED that, on or before October 9, 2026, Petitioner, with the assistance of counsel, must indicate whether Petitioner intends to proceed with their petition in the instant case, or in their proceeding featuring the joint petition currently pending before this Court. See Saucedo v. Blanche, No. 2:26-CV-03085-RFB-BNW. Signed by Judge Richard F. Boulware, II on 10/5/2026. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 10/05/2026)
#8
Oct 05, 2026
NOTICE of Appearance by Sylvia A. Irvin, Assistant Federal Public Defender appearing for Petitioner Gustavo Rodriguez-Saucedo. (no image attached) (Irvin, Sylvia) (Entered: 10/05/2026)
Oct 05, 2026
Notice of Appearance - AFPD Immigration only
#9
Oct 08, 2026
MOTION to Dismiss 7 Order, by Petitioner Gustavo Rodriguez-Saucedo. Responses are due by 10/22/2026. (Irvin, Sylvia) (Entered: 10/08/2026)
Main Document:
Motion Dismiss
#10
Oct 09, 2026
MOTION to Extend Time (First Request) to Extend Time to File Traverse or Amended 28 U.S.C. § 2241 Petition re 3 RFB Service Order - ProSe Imm Hab Pet,,,,,,,,, by Petitioner Gustavo Rodriguez-Saucedo. Responses are due by 10/23/2026. (Irvin, Sylvia) (amend) (Entered: 10/09/2026)
Main Document:
Motion Extend/Shorten Time
#11
Oct 13, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/13/2026.Good cause appearing, IT IS HEREBY ORDERED that Petitioner's 10 Motion to Extend Time is GRANTED. Petitioner will have up to, and including, October 23, 2026 to file a [traverse or amended petition].Upon filing and service of an amended petition, Respondents will have 3 days to file a return. Upon filing and service of a return, Petitioner will have 7 days to file a traverse. (Copies have been distributed pursuant to the NEF - RAM) (Entered: 10/13/2026)
Oct 13, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
Oct 28, 2026
Minute Order AND Order on Motion to Dismiss
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