District of Nevada • 2:26-cv-00100

#1

Jan 16, 2026

First PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8325248) by SERGIO GARCIA NICOLAS. (Attachments: # 1 Civil Cover Sheet) (Walters, David) (Entered: 01/16/2026)

Jan 16, 2026

Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (AMMi)

Jan 16, 2026

Assign Judges in Civil Case

#2

Jan 20, 2026

ORDER TRANSFERRING CASE. Case directly reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:26-cv-00100-RFB-MDC. IT IS FURTHER ORDERED that the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. Signed by Chief Judge Andrew P. Gordon and Judge Richard F. Boulware, II on 1/20/2026. (Copies have been distributed pursuant to the NEF - JG)

#3

Jan 20, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/20/2026.IT IS HEREBY ORDERED that on or before 1/21/2026, counsel for Petitioner shall supplement the 1 Petition with an attorney verification. See 28 U.S.C § 2242 ("Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting on his behalf."). (Copies have been distributed pursuant to the NEF - CMB) (Entered: 01/20/2026)

#4

Jan 20, 2026

ORDER TO SHOW CAUSE. Show Cause Response is due by 1/23/2026. IT IS FURTHER KINDLY ORDERED that the Clerk of Court: 1. DELIVER a copy of the Petition (ECF No. 1 ), attachment (ECF No. 1-1), and this Order to the U.S. Marshal for service. 2. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party.3. SEND, through CM/ECF, a copy of the Petition (ECF No. 1 ), attachment (ECF No. 1-1), and this Order to: i. The United States Attorney for the District of Nevada at Sigal.Chattah@usdoj.gov, Veronica.criste@usdoj.gov, summer.johnson@usdoj.gov, and caseview.ecf@usdoj.gov. in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). ii. Counsel for Respondent John Mattos at ahesman@strucklove.com 4. MAIL a copy of the Petition (ECF No. 1 ), attachment (ECF No. 1-1), and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 1) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite Ave. Pahrump, NV 89060;2) Michael Bernacke, Field Office Director, U.S. Immigration and Customs Enforcement, 2975 Decker Lake Drive, Suite 100, West Valley City, UT 84119; 3) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania Avenue, NW, Washington, DC, 20530;4) Kristi Noem, Secretary, United States Department of Homeland Security, 245 Murray Lane SW, Washington, DC 20528. IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the Petition (ECF No. 1 ), attachment (ECF No. 1-1), and this Order on the United States Attorney for the District of Nevada or on an Assistant United States Attorney or clerical employee designated by the United States Attorney pursuant to Rule 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. Signed by Judge Richard F. Boulware, II on 1/20/2026. (Copies have been distributed pursuant to the NEF - JG) (Entered: 01/20/2026)

#5

Jan 20, 2026

NOTICE Attorney Verification for Petitioner by Sergio Garcia Nicolas re 3 Minute Order,,. (Walters, David) (Entered: 01/20/2026)

Jan 20, 2026

Minute Order

#6

Jan 21, 2026

NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondents Michael Bernacke, Pamela Bondi, Kristi Noem. (Tomova, Virginia) (Entered: 01/21/2026)

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Jan 23, 2026

MOTION to Extend Time (First Request) to File a Response to Order to Show Cause (ECF No. 4) re 4 Order to Show Cause,,,,,,, by Respondents Michael Bernacke, Pamela Bondi, Kristi Noem. Responses are due by 2/6/2026. (Tomova, Virginia) (presiding) (Entered: 01/23/2026)

#9

Jan 26, 2026

USM Return

Jan 26, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

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Jan 28, 2026

Response

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Jan 29, 2026

Notice Appearance of Counsel

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Jan 29, 2026

Response

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Jan 29, 2026

Response

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Feb 02, 2026

Based on the foregoing IT IS HEREBY ORDERED that the Petition (ECF No. 1 ) is GRANTED. IT IS FURTHER ORDERED that Respondents must provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a) no later than February 5, 2026. IT IS FURTHER ORDERED that Respondents are enjoined from denying Petitioner release on bond on the basis that he is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2). Thus, in the event that bond i s granted, the Court ORDERS that Respondents are enjoined from invoking the automatic stay to continue Petitioner's detention, as the Court has already found the automatic stay unconstitutional and adopts that finding here. See Herrera v. Knight, No. 2:25-CV-01366-RFB-DJA, 2025 WL 2581792, at *13 (D. Nev. Sept. 5, 2025).In the event that bond is granted, Respondents are ORDERED to immediately release Petitioner. The Court has received notice of the hardship ot her petitioners have incurred in their efforts to satisfy bond, and therefore, the Court FURTHER ORDERS that Petitioner be afforded until March 6, 2026, to satisfy any monetary bond conditions. IT IS FURTHER ORDERED that if th e individualized bond hearing is not conducted by February 5, 2026, Petitioner shall be immediately released until it is determined that his detention is warranted under 8 U.S.C. § 1226(a). IT IS FURTHER ORDERED that the parti es shall file a status report on the status of Petitioner's bond hearing by February 6, 2026. The status report shall detail if and when the bond hearing occurred, if bond was granted or denied, and if denied, the reasons for that denial.Signed by Judge Richard F. Boulware, II on 2/2/2026. (Copies have been distributed pursuant to the NEF - CMB)

#15

Feb 06, 2026

Status Report

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Feb 06, 2026

Status Report

#17

Feb 06, 2026

Status Report

#18

Feb 09, 2026

Status Report

Feb 20, 2026

Minute Order

#20

Feb 24, 2026

Judgment