District of Nevada • 2:26-cv-03132

#1

Sep 28, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5) by Jose Antonio Mellin Gomez. (Attachments: # 1 Class form, # 2 Certificate of Service, # 3 Receipt) (HAM) (Entered: 09/29/2026)

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 (AMMi)

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-03132-RFB-BNW. (HAM) (Entered: 09/29/2026)

#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 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 9/29/2026). 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 9/29/2026). 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 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 9/29/2026). 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 9/29/2026. (Attachments: # 1 IFP Form with Instructions) (Copies have been distributed pursuant to the NEF - GA)

#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 - CH) (Entered: 09/30/2026)

#5

Sep 30, 2026

NOTICE of Appearance by Tamer Botros Botros, Assistant United States Attorney appearing for Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (no image attached) (Botros, Tamer) (Entered: 09/30/2026)

Sep 30, 2026

Notice of Appearance - AUSA Immigration only

Sep 30, 2026

Warden Joinder Minute Order

#6

Oct 02, 2026

RESPONSE to 3 RFB Service Order - ProSe Imm Hab Pet,,,,,,,,, by Respondents Michael Bernacke, 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)

#7

Oct 05, 2026

NOTICE of Appearance by Sylvia A. Irvin, Assistant Federal Public Defender appearing for Petitioner Jose Antonio Mellin Gomez. (no image attached) (Irvin, Sylvia) (Entered: 10/05/2026)

Oct 05, 2026

Notice of Appearance - AFPD Immigration only

#8

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 Jose Antonio Mellin Gomez. Responses are due by 10/23/2026. (Irvin, Sylvia) (amend) (Entered: 10/09/2026)

Oct 13, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

Oct 15, 2026

Notice of Appearance - AFPD Immigration only

Oct 19, 2026

Notice of Appearance - AFPD Immigration only

#13

Oct 20, 2026

Traverse

Nov 04, 2026

Minute Order Immigration to be reassigned

Nov 05, 2026

Clerks Notice Reassign Judge

#16

Nov 06, 2026

Order