Garcia-Maya v. Knight et al
| Sirce Owen |
| Cesar Garcia-Maya |
| Jason Knight, Secretary Kristi Noem, US Attorney General Pamela Bondi and Todd Lyons |
| USA and United States Immigration Customs Enforcement |
| 2:2026cv01513 |
| May 18, 2026 |
| U.S. District Court for the District of Nevada |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
16
ORDER GRANTING WRIT OF HABEAS CORPUS : IT IS HEREBY ORDERED that Petitioner's First Amended Petition for Writ of Habeas Corpus (ECF No. 9 ) is GRANTED. IT IS FURTHER ORDERED that Respondents must RELEASE Petitioner from detention ON PE RSONAL RECOGNIZANCE on July 8, 2026, between the hours of 12:00 and3:00 p.m. Counsel for Petitioner (or their designee/agent) will be permitted to wait in the Federal 28 Justice Tower lobby during the release window. IT IS FURTHER ORDERED that Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioner's liberty as detailed herein. IT IS FURTHER ORDERED that 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 that Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED that Respondents may not re-detain Petitioner during the pendency of his current removal proceedings until after an immigration court hearing is held. (See pdf order for specifics.) IT IS FURTHER ORDERED that the Parties must file a JOINT STATUS REPORT by July 10, 2026, confirming Respondents compliance with this Order including (i) the date and time of Petitioner's 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 update the docket to reflect the Parties as li sted in the Amended Petition, see Petition at 1, ECF No. 9 , enter judgment accordingly, and close this case. The Court retains jurisdiction to enforce its order and judgment. Petitioner may move to reopen this case to enforce the judgment without filing a separate case. . Signed by Judge Richard F. Boulware, II on 7/7/2026. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
3
SERVICE OF 28 U.S.C. § 2241 PETITION AND APPOINTMENT OF COUNSEL ORDER. IT IS ORDERED that the Federal Public Defender (FPD) for the District of Nevada is appointed to represent the petitioner and is directed to file a notice of appearance wi thin 7 days of the date of this order. IT IS FURTHER ORDERED that if the FPD files a notice of appearance in this matter, it will then have 14 days to file (1) a motion to proceed IFP or pay the $5 filing fee on behalf of the petitioner and (2) an amended petition, or (3) a motion to dismiss the petition. The FPD must effectuate service of the amended petition on the respondents. IT IS FURTHER ORDERED that the Clerk of the Court is directed to: 1. FILE the 1 -1 petition . 2. ADD the United States Attorneys' Office for the District of Nevada to the docket as an Interested Party. Under the District of Nevada's General Order 2026-03 (Feb. 13, 2026), this constitutes service on all federal respond ents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 3. ADD John Mattos, Warden, Nevada Southern Detention Center to the docket as an Interested Party. 4. MAIL a copy of the 1 -1 petition and this order un der Rule 4(i)(2) of the Federal Rules of Civil Procedure to John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 5. SEND, through CM/ECF, a copy of the 1 -1 petition and this order to counsel f or John Mattos: Ashlee Hesman at ahesman@strucklove.com. IT IS FURTHER ORDERED that the United States Attorney's Office for the District of Nevada must file a notice of appearance within 7 days of the date of this order and file and ser ve their answer to the amended petition within 7 days of service of the counseled amended petition. IT IS FURTHER ORDERED that the respondents must not transfer the petitioner out of this district, with the exception of effectuating the petitioner's lawful deportation. See order for further details. Signed by Judge Jennifer A. Dorsey on 5/20/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner, Mattos, CJA Coordinator)
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