Alfaro Quintanilla v. Noem et al
| Victor Alfonso Alfaro Quintanilla |
| Kristi Noem, Department of Homeland Security, Pamela Jo Bondi, Immigration & Customs Enforcement, U.S. Department of Justice, Todd M. Lyons, Director Brian Henkey and John Mattos |
| USA and United States Attorney for the District of Nevada |
| 2:2026cv00541 |
| February 26, 2026 |
| U.S. District Court for the District of Nevada |
| Las Vegas Office |
| Richard F Boulware |
| Nancy J Koppe |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on March 16, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 CERTIFICATE of Compliance re 14 Minute Order,,,,,,,, by Pamela Jo Bondi, Department of Homeland Security, Brian Henkey, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, U.S. Department of Justice with Court's Minute Order (ECF No. 14) (Sweetin, James) |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 3/13/2026.The Court has reviewed the parties' #12 #13 Status Reports. The Court finds DHS has imposed Alternatives to Detention (ATD), including electronic monitoring, on Petitioner, despite taking no position that Petitioner is dangerous or a flight risk at the March 9, 2026, Court-ordered bond hearing. The IJ granted Petitioner bond in the minimum amount of $1,500 and did not grant discretion to DHS to impose ATD. See ECF No. 143 at 4-5. DHS waived appeal of that decision. Id. The imposition of release conditions, such as electronic monitoring, can be a significant constraint on a habeas petitioner's liberty, such that they are still "in custody" for purposes of 2241. See Munoz v. Smith, 17 F.4th 1237, 1241 (9th Cir. 2021). The Court agrees with other district courts in the Ninth Circuit who have found that the imposition of ATD by DHS on a habeas petitioner supports the conclusion that the petitioner remains "in custody." See, e.g., N.Y.V.D. v. Santracruz, 5:25-CV-03404-WLH-SP, 2026 WL 45268 (C.D. Cal. Jan. 6, 2026). There is no evidence in the record before the Court that Respondents provided Petitioner with a constitutionally adequate hearing to determine the appropriateness of DHS's significant restraint on Petitioner's liberty in the form of electronic monitoring and other ATD conditions. To the contrary, at the hearing, DHS provided no justification for such a restraint. Nor have Respondents cited any legal authority establishing DHS's authority to impose such a restraint unilaterally, where an IJ declined to grant such discretion after a custody redetermination hearing.Therefore, IT IS HEREBY ORDERED that Federal Respondents are ENJOINED from continuing to restrain Petitioner's liberty, including but not limited to using a 24/7 electronic monitor or other similar restraints, without leave of this Court.Federal Respondents must file a certificate of compliance with this Order no later than 3/16/2025. (Copies have been distributed pursuant to the NEF - IML) |
| Filing 13 STATUS REPORT by Petitioner Victor Alfonso Alfaro Quintanilla. (Cooley Yonesawa, Alissa) |
| Filing 12 STATUS REPORT by Respondents Pamela Jo Bondi, Department of Homeland Security, Brian Henkey, Todd M. Lyons, Kristi Noem, U.S. Department of Justice. (Sweetin, James) |
| Filing 11 JUDGMENT in favor of Victor Alfonso Alfaro Quintanilla against Department of Homeland Security, Immigration & Customs Enforcement, U.S. Department of Justice, Brian Henkey, John Mattos, Kristi Noem, Pamela Jo Bondi, Todd M. Lyons. The petition for writ of habeas corpus is granted. Signed by Clerk of Court Debra K. Kempi on 3/6/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Main Document 11 replaced on 3/6/2026) (AMMi). |
Filing 10
ORDER GRANTING WRIT OF HABEAS CORPUS. IT IS ORDERED that the #1 Petition for Writ of Habeas Corpus is GRANTED. IT IS FURTHER ORDERED that Respondents must provide Petitioner with a constitutionally adequate bond hearing pursuant to 8 U.S.C. 1226(a), where the government bears the burden of establishing dangerousness or flight risk by clear and convincing evidence, no later than March 9, 2026. IT IS FURTHER ORDERED that if bond is granted, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner from detention. IT IS FURTHER ORDERED that Petitioner be afforded until April 9, 2026, to satisfy any monetary bond conditions. IT IS FURTHER ORDEWRED that if a constitutionally adequate bond hearing is not conducted by March 9, 2026, Respondents must IMMEDIATELY RELEASE PETITIONER from custody ON HIS OWN RECOGNIZANCE. IT IF FURTHER ORDERED that the Parties shall file a joint status report by 12:00 p.m. March 11, 2026. The Clerk of Court is instructed to enter judgment accordingly and close this case. See order for further details. Signed by Judge Richard F. Boulware, II on 3/6/2026. (Copies have been distributed pursuant to the NEF - AMMi)
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| Filing 9 NOTICE of Appearance by attorney James Sweetin on behalf of Respondents Pamela Jo Bondi, Department of Homeland Security, Brian Henkey, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, U.S. Department of Justice. (Sweetin, James) |
| Filing 8 RESPONSE to #1 Petition for Writ of Habeas Corpus by Respondents Pamela Jo Bondi, Department of Homeland Security, Brian Henkey, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, U.S. Department of Justice. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Sweetin, James) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 3/3/2026. IT IS HEREBY ORDERED #6 Stipulation is GRANTED. The deadline for Federal Respondents to file a response to the Order to Show Cause is extended from March 2, 2026, to March 5, 2026. (Copies have been distributed pursuant to the NEF - CMB) |
| Filing 6 Joint STIPULATION FOR EXTENSION OF TIME (First Request) for Federal Respondents to File a Response to the Order to Show Cause (ECF No. 4) re #4 Order,,,,,, Order to Show Cause,,,,,, Add and Terminate Attorneys,,,,,, Add and Terminate Parties,,,,, by Respondents Pamela Jo Bondi, Department of Homeland Security, Brian Henkey, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, U.S. Department of Justice.. (Sweetin, James) (extend) (presiding) |
| Filing 5 AMENDED PETITION for Writ of Habeas Corpus by Victor Alfonso Alfaro Quintanilla. Adds new parties. (Attachments: #1 Exhibit) (Cooley Yonesawa, Alissa) |
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Filing 4
ORDER TO SHOW CAUSE. Respondents are ORDERED TO SHOW CAUSE why the Writ should not be granted. See 28 U.S.C. 2243. Respondents shall file, in writing, a (i) notice of appearance and (ii) a return certifying the true cause of detention on or before March 2, 2026. See id. Petitioner may file a traverse on or before March 5, 2026. IT IS FURTHER ORDERED that on or before 2/27/2026, counsel for Petitioner shall supplement the Petition with an attorney verification. IT IS FURTHER ORDERED that the Clerk of Court is kindly instructed to: 1. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. Pursuant to the District of Nevadas General Order 2026-03 (Feb 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. 2243. 2. Then, SEND them a copy of the #1 Petition, attachments (ECF Nos. #1 -1, #2 ), and this Order through CM/ECF. 3. MAIL a copy of #1 Petition, attachments (ECF Nos. #1 -1, #2 ), and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to Respondents: See order. Signed by Judge Richard F. Boulware, II on 2/26/2026. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 3
TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-00541-APG-NJK to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. All further documents must bear the correct case number 2:26-cv-00541-APG-NJK. Signed by Chief Judge Andrew P. Gordon and Judge Richard F. Boulware on 2/26/2026. (Copies have been distributed pursuant to the NEF - ALZ)
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| Filing 2 CIVIL COVER SHEET to #1 Petition for Writ of Habeas Corpus by Plaintiff Victor Alfonso Alfaro Quintanilla. (Cooley Yonesawa, Alissa) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8386260) by Victor Alfonso Alfaro Quintanilla. (Attachments: #1 Exhibit) (Cooley Yonesawa, Alissa) |
| Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (HAM) |
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