District of Nevada • 2:25-cv-01359

#1

Jul 25, 2025

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8124936) by Hugo Gil Candido-Bolanos. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Mattos, # 3 Summons Lyons, # 4 Summons Noem, # 5 Summons Attorney General, # 6 Summons Civil Process Clerk, # 7 Supplement certificate of interested parties) (Quiroga, Maria) (Entered: 07/25/2025)

#2

Jul 25, 2025

MOTION for Temporary Restraining Order re 1 Petition for Writ of Habeas Corpus, by Plaintiff Hugo Gil Candido-Bolanos. Responses due by 8/8/2025. (Quiroga, Maria) (Entered: 07/25/2025)

#3

Jul 25, 2025

SUMMONS ISSUED as to Todd M. Lyons, John Mattos, Kristi Noem, U.S. Attorney and U.S. Attorney General. (RJDG) (Entered: 07/25/2025)

Jul 25, 2025

Assign Judges in Civil Case

Jul 25, 2025

Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. ***Emergency motion previously filed in case.*** (RJDG)

#4

Jul 26, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 7/26/2025.Pending before the Court is Petitioner's 2 Motion for a Temporary Restraining Order. IT IS HEREBY ORDERED that Petitioner AND Respondents shall BOTH file by 5:00 p.m. on July 26, 2025, the (1) February 4, 2008, Order from the Immigration Judge who presided over Petitioners removal case in San Pedro, California which granted Deferral of Removal pursuant to the Convention Against Torture and (2) the July 24, 2025, Notice of Revocation of Supervision Release, stating that Petitioner would be removed to El Salvador. IT IS FURTHER ORDERED that Respondents, through the U.S. Attorneys Office, shall make a special appearance to Respond to this Order, upon receipt of this Order, which has been emailed to the U.S. Attorneys Office. The U.S. Attorneys Office shall provide a copy of this Order and all filings in this case to Respondents. IT IS FURTHER ORDERED that Respondents shall file a Response by 9:00 a.m. on July 27, 2025, addressing why Petitioner is being removed.(Copies have been distributed pursuant to the NEF - HBG) (Entered: 07/26/2025)

#5

Jul 26, 2025

NOTICE of Appearance by attorney Samantha Mercedes Meron on behalf of Plaintiff Hugo Gil Candido-Bolanos. (Meron, Samantha) (Entered: 07/26/2025)

#6

Jul 26, 2025

RESPONSE to 4 Minute Order,,,, by Defendants Todd M. Lyons, John Mattos, Kristi Noem. (Attachments: # 1 Exhibit A Deferred Removal, # 2 Exhibit B - Notice of Revocation of OSUP, # 3 Exhibit C - Notice of Revocation of Release)(Johnson, Summer) (Entered: 07/26/2025)

#7

Jul 26, 2025

SUPPLEMENT to 2 Motion for TRO, 4 Minute Order,,,, by Plaintiff Hugo Gil Candido-Bolanos (Quiroga, Maria) (Entered: 07/26/2025)

#8

Jul 26, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 7/26/2025. In light of the 6 7 Filings, IT IS HEREBY ORDERED that, by 9:00 a.m. on July 27, 2025, Respondents must explicitly indicate whether Petitioner is currently scheduled for removal to any country within the next 30 days and, if so, the exact date and time of his scheduled removal, including the country to which he is to be removed. This information must be provided in a sworn affidavit. (Copies have been distributed pursuant to the NEF - HBG) (Entered: 07/26/2025)

Jul 26, 2025

Minute Order

#9

Jul 27, 2025

RESPONSE to 4 Minute Order,,,, by Defendants Todd M. Lyons, Kristi Noem. (Johnson, Summer) (Entered: 07/27/2025)

#10

Jul 27, 2025

RESPONSE to 8 Minute Order,, by Defendants Todd M. Lyons, Kristi Noem. (Johnson, Summer) (Entered: 07/27/2025)

#11

Jul 28, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 7/28/2025. On July 25, 2025, Petitioner Hugo Gil Candido-Bolanos filed a 2 Motion for a Temporary Restraining Order to prevent Respondents from removing him to El Salvador, in violation of the Convention Against Torture and the Due Process Clause of the Fifth Amendment. In the 6 amended Notice of Revocation of Release, 9 Response to the Court's 4 Minute Order, and 10 Declaration, Respondents provide that Mr. Candido-Bolanos will NOT be removed to El Salvador. Therefore, Petitioner's 2 Motion is DENIED without prejudice as moot. To the extent that Petitioner is concerned about his ability to challenge his removal to a third country, should one be identified, such a claim is not yet ripe, because Respondents have not identified such a third country. The Court notes that if Respondents do identify a third country, they must provide Petitioner with the opportunity to challenge his removal to that country. The Ninth Circuit has held that last minute orders of removal to a country may violate due process if a noncitizen is not provided an opportunity to address his fear of persecution in that country. See Andriasian v. I.N.S., 180 F.3d 1033, 1041 (9th Cir. 1999); Najjar v. Lynch, 630 Fed. App'x. 724 (9th Cir. 2016). Therefore, "[a] noncitizen must be given sufficient notice of a country of deportation that, given his capacities and circumstances, he would have a reasonable opportunity to raise and pursue his claim for withholding of deportation." Aden v. Nielsen, 409 F. Supp. 3d 998, 1009 (W.D. Wash. 2019); Ortega v. Kaiser, No. 25-CV-05259-JST, 2025 WL 1771438, at *3 (N.D. Cal. 2025) ("[T]here are no countries to which Ortega could currently be removed without his first being afforded notice and opportunity to be heard on a fear-based claim as to that country, as the Fifth Amendment Due Process Clause requires."). Further, the Court finds that, while the 2 Motion concerned his imminent removal to El Salvador, the 1 Petition also raised a due process claim regarding Mr. Candido-Bolanos' ongoing detention. IT IS HEREBY ORDERED that Respondents shall file a Response to these claims in the 1 Petition by August 10, 2025. (Copies have been distributed pursuant to the NEF - HBG) (Entered: 07/28/2025)

Jul 28, 2025

Minute Order AND Order on Motion for Temporary Restraining Order

#12

Aug 10, 2025

Response

#13

Aug 12, 2025

Order