District of Nevada • 2:26-cv-03134

Hernandez Aria v. Mattos

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: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
PETITION for Writ of Habeas Corpus by Walter Hernandez Aria. (Attachments: # 1 Receipt #200022003, # 2 Certificate of Service) (JQC) (Entered: 09/29/2026)
Main Document: Petition Writ of Habeas Corpus
Sep 28, 2026
Assign Judge RFB in Immigration Case
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)
#2
Sep 29, 2026
NOTICE from USDC advising case against John Mattos, et al., has been received and assigned case number 2:26-cv-03134-RFB-BNW. (JQC) (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)
Main Document: RFB Service Order - ProSe Imm Hab Pet
#4
Sep 30, 2026
NOTICE of Appearance by Tamer Botros Botros, Assistant United States Attorney appearing for Respondents Todd Blanche, DHS, ICE. (no image attached) (Botros, Tamer) (Entered: 09/30/2026)
Sep 30, 2026
Notice of Appearance - AUSA Immigration only
#5
Oct 02, 2026
RESPONSE to 3 RFB Service Order - ProSe Imm Hab Pet,,,,,,,,, by Respondents Todd Blanche, DHS. (Attachments: # 1 Exhibit A Documents Pertaining to Petitioner, # 2 Exhibit B Answers to Interrogatories)(Botros, Tamer) (Entered: 10/02/2026)
Main Document: Response
#6
Oct 05, 2026
NOTICE of Appearance by Sylvia A. Irvin, Assistant Federal Public Defender appearing for Petitioner Walter Hernandez Aria. (no image attached) (Irvin, Sylvia) (Entered: 10/05/2026)
Oct 05, 2026
Notice of Appearance - AFPD Immigration only
#7
Oct 09, 2026
MOTION to Extend Time (First Request) to file Traverse or Amended Petition re 3 RFB Service Order - ProSe Imm Hab Pet,,,,,,,,, by Petitioner Walter Hernandez Aria. Responses are due by 10/23/2026. (Irvin, Sylvia) (amend) (Entered: 10/09/2026)
Main Document: Motion Extend/Shorten Time
Oct 13, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
Oct 13, 2026
Notice of Appearance - AFPD Immigration only
#10
Oct 23, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#11
Oct 29, 2026
Notice Other
Main Document: Notice Other
#12
Oct 30, 2026
ORDER GRANTING WRIT OF HABEAS CORPUS - ORDERED Petitioner's First Amended Petition (ECF No. 10 ) is GRANTED. Respondents must RELEASE Petitioner from detention on October 31, 2026, between the hours of 12:00 P.M. and 3:00 P.M. Counsel for Pe titioner-and/or their agentmust be permitted to wait for Petitioner in the lobby of the Federal Justice Tower during this release window. IT IS FURTHER ORDERED Petitioner must be released on his own recognizance. Thus, Respondents are prohibited f rom imposing release conditions that substantially interferewith Petitioners liberty, such as electronicmonitoring, without havingestablishedthe reasonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. IT IS FURTHER ORDERED Respondents must RETURN Petitioner's personal property, including personal identification and employment authorization documents, UPON HIS RELEASE. IT IS FURTHER ORDERED the Parties must file a joint status report by No vember 2, 2026,confirmingRespondentscompliance with this Order including(i) the date and time of Petitioner's release;(ii) compliance with this Courts directives concerning release on personal recognizance; and (iii) the return of Petitioner 9;s personal property. The Court will consider contempt sanctions against any, and all, officials who fail to comply with this Order. The Clerk of Court is kindly instructed to enter judgment accordingly and close this case. The Court retains j urisdiction to enforce its order and judgment. To that end, Petitioner may move to re-open this case without filing a new action. Signed by Judge Richard F. Boulware, II on 10/30/2026. (Copies have been distributed pursuant to the NEF - DRM)
Main Document: Order
#13
Oct 30, 2026
Judgment
Main Document: Judgment
#14
Nov 02, 2026
Status Report
Main Document: Status Report

Parties

Hernandez Aria
Party
Mattos
Party