Garcia-Maya v. Blanche et al
| Cesar Garcia-Maya |
| John Mattos, Todd Blanche, DHS Secretary Markwayne Mullin, Ruben Leyva, Kerri Ann Quihuis and Acting Director David J. Venturella |
| USA and United States Immigration Customs Enforcement |
| 2:2026cv01513 |
| May 18, 2026 |
| U.S. District Court for the District of Nevada |
| Richard F Boulware |
| Brenda Weksler |
| 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 July 10, 2026. A more recent docket listing may be available from PACER.
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Filing 18
Joint STATUS REPORT in Compliance with Courts Order, ECF No. 16 by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, Kerri Ann Quihuis, David J. Venturella. (Mayer, Martin)
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Filing 17
JUDGMENT entered pursuant to #16 Order GRANTING #9 Petition for Writ of Habeas Corpus. Case closed. Signed by Clerk of Court Debra K. Kempi on 7/7/2026. (Copies have been distributed pursuant to the NEF - DRM)
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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 PERSONAL 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 listed 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 15
REPLY to #9 Amended Petition for Writ of Habeas Corpus by Petitioner Cesar Garcia-Maya. (Bizzaro, Amelia)
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Filing 14
RESPONSE to #9 Amended Petition for Writ of Habeas Corpus by Respondents Pamela Bondi, Jason Knight, Todd Lyons, Kristi Noem, Sirce Owen. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B)(Mayer, Martin)
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Filing 13
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/16/2026. Before the Court is Federal Respondents' Motion to Extend Time (ECF No. #12 ). Through it, Respondents seek an additional seven days to respond to Petitioner's Amended Petition (ECF No. #9 ). The Court has reviewed the Motion and finds that good cause exists for a modest one-day extension of this deadline. Nonetheless, the Court declines to grant a seven-day extension, as the Court does not find good cause for a longer extension at this time. In reaching this result, the Court relies on the following findings: 1. While the Court acknowledges Respondents' Counsel's significant case load, the Court notes that this case load is a direct result of Respondents' own conduct. 2. Petitioner's liberty is at stake in this case. See generally ECF No. #9 (First Amended Petition for Writ of Habeas Corpus). As such, Petitioner is directly prejudiced by unnecessary delays in the resolution of this case. 3. This is a habeas matter. As such, this Court is required to promptly address Petitioner's claims. See Yong v. I.N.S., 208 F.3d 1116, 1120 (9th Cir. 2000) (citation omitted). Therefore, IT IS HEREBY ORDERED Respondents' Motion to Extend Time (ECF No. #12 ) is GRANTED in part and DENIED in part. Federal Respondents now have up to, and including, June 16, 2026, to file their Return. Petitioner's deadline to file a traverse remains June 22, 2026, but the Court will consider the matter fully briefed as soon as a traverse is filed. In addition, the Federal Respondents' Motion illustrates that Federal Respondents' Counsel is aware of many other competing deadlines, indicating that he was well-aware of the Return deadline in this case, but neglected to file a motion seeking extension until 4:57 P.M. on the deadline itself, despite repeated instructions from this Court to file such motions as soon as a need for an extension arises. The Court reiterates this instruction once more to Counsel Mayer.(Copies have been distributed pursuant to the NEF - CMB)
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Filing 12
MOTION to Extend Time (First Request) to File a Response to Amended Petition, ECF No. 9 re #3 Order,,,,,,,, by Respondents Pamela Bondi, Jason Knight, Todd Lyons, Kristi Noem, Sirce Owen. Responses are due by 6/29/2026. (Mayer, Martin) (presiding)
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Filing 11
RESPONSE to #9 Amended Petition for Writ of Habeas Corpus by Interested Party John Mattos. (Hesman, Ashlee)
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Filing 10
TRANSFER ORDER - Case reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:26-cv-01513-RFB-BNW. IT IS FURTHER ORDERED the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv- 02136-RFB-MDC. Signed by Judge Richard F. Boulware, II and Judge Jennifer A. Dorsey on 6/9/2026. (Copies have been distributed pursuant to the NEF - GA)
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Filing 9
First AMENDED PETITION for Writ of Habeas Corpus by Cesar Garcia-Maya. No changes to parties. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Bizzaro, Amelia)
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Filing 8
NOTICE of Class Memebership by Cesar Garcia-Maya. (Bizzaro, Amelia)
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Filing 7
RECEIPT of Payment: $ 5, receipt number 0230. CLERK'S NOTE: The filing fee has been PAID IN FULL. Any pending IFPs have been terminated. (AMMi)
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Filing 6
NOTICE of Appearance by attorney Martin Mayer on behalf of Respondents Pamela Bondi, Jason Knight, Todd Lyons, Kristi Noem, Sirce Owen. (Mayer, Martin)
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Filing 5
NOTICE of Appearance by attorney Amelia Bizzaro on behalf of Petitioner Cesar Garcia-Maya. (Bizzaro, Amelia)
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Filing 4
PETITION for Writ of Habeas Corpus by Cesar Garcia-Maya. Filed on 5/20/26 per #3 Service Order. (AMMi - cc: Petitioner, Mattos, CJA Coordinator)
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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 within 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 respondents 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 under 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 for John Mattos: Ashlee Hesman at [email protected]. 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 serve 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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Filing 2
NOTICE from USDC advising case against Jason Knight, et al., has been received and assigned case number 2:26-cv-01513-JAD-BNW. (HAM)
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Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (HAM)
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Filing 1
RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: #1 Petition for Writ of Habeas Corpus) (HAM)
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