District of Nevada • 2:26-cv-00134

#1

Jan 21, 2026

MOTION for Appointment of Counsel Federal Public Defender by Petitioner Emine Sahin.. (Barrera, Laura) (Entered: 01/21/2026)

#2

Jan 21, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8329430) by Emine Sahin. (Barrera, Laura) (Entered: 01/21/2026)

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Jan 21, 2026

EXHIBIT IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS 28 U.S.C. §2241 to 2 Petition for Writ of Habeas Corpus by Petitioner Emine Sahin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26)(Barrera, Laura) (Entered: 01/21/2026)

#4

Jan 21, 2026

MOTION to Seal Document, 2 Petition for Writ of Habeas Corpus, by Petitioner Emine Sahin. Responses are due by 2/4/2026. (Barrera, Laura) (Entered: 01/21/2026)

Jan 21, 2026

Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (AMMi)

Jan 21, 2026

Assign Judges in Civil Case

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Jan 22, 2026

ORDER TRANSFERRING CASE - ORDERED that the Clerk of Court is kindly directed to transfer Case No. 2:26-cv-00134-JAD-MDC to Judge Richard F. Boulware, II. All further documents must bear the correct case number 2:26-cv-00134-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 Judges Richard F. Boulare, II and Jennifer A. Dorsey on 1/22/2026. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 01/22/2026)

#7

Jan 22, 2026

Order AND Order on Motion for Appointment of Counsel

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Jan 22, 2026

Notice Appearance of Counsel

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Jan 23, 2026

Motion Temporary Restraining Order

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Jan 23, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/23/2026.Pending before the Court is Petitioner's 9 Emergency Motion for Temporary Restraining Order. The Court has reviewed the Motion and finds expedited consideration is necessary. Therefore, IT IS HEREBY ORDERED that Respondents must file their response to the Motion on or before Monday, January 26, 2026 at 10:00 a.m.Respondents are notified that given the potential prejudice to Petitioner, the Court will not consider an extension or continuance absent exceptional circumstances.IT IS FURTHER ORDERED that an Evidentiary Hearing is set for 1/26/2026 at 02:00 PM in LV Courtroom 7C before Judge Richard F. Boulware II. Petitioner will be heard in reply at the hearing.If the parties wish to submit evidence beyond authenticated documents filed in the record, they must provide a witness and/or exhibit list and copies of any exhibits to the Courtroom Administrator by January 26, 2026 at 10:00 a.m. (Copies have been distributed pursuant to the NEF - IML) (Entered: 01/23/2026)

Jan 23, 2026

Minute Order

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Jan 26, 2026

Response

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Jan 26, 2026

Motion Seal

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Jan 26, 2026

SEE 15 REVISED MINUTES MINUTES OF PROCEEDINGS - Motion Hearing held on 1/26/2026 before Judge Richard F. Boulware, II. Crtrm Administrator: D Smith; Pla Counsel: : Laura Barrera and Megan Hopper-Rebegea; Def Counsel: Virginia Tomova and Nathan Claus; Court Reporter: P Ganci; Time of Hearing: 2:08 - 3:10; Courtroom: 7CThe Court makes preliminary remarks and hears from the Parties as to the 9 Emergency Motion for Temporary Restraining Order.The Court takes the matter under advisement. An order shall issue. (no image attached) (Copies have been distributed pursuant to the NEF - DRS) Modified on 1/26/2026 (DRS). (Entered: 01/26/2026)

#15

Jan 26, 2026

MINUTES OF PROCEEDINGS - Motion Hearing held on 1/26/2026 before Judge Richard F. Boulware, II. Crtrm Administrator: D Smith; Pla Counsel: : Laura Barrera and Megan Hopper-Rebegea; Def Counsel: Virginia Tomova and Nathan Claus; Court Reporter: P Ganci; Time of Hearing: 2:08 - 3:10; Courtroom: 7CThe Court notes the absence of counsel for the city of Henderson, Christian M. Orme, and his failure to file a Notice of Appearance as ordered in the 7 Order to Show Cause, despite electronic notification through the CM/ECF system and via email from chambers. The Court then makes preliminary remarks and hears from the Parties as to the 9 Emergency Motion for Temporary Restraining Order.The Court takes the matter under advisement. An order shall issue. (no image attached) (Revised to add information of non-appearing counsel - DRS) (Entered: 01/26/2026)

#16

Jan 26, 2026

Notice Appearance of Counsel

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Jan 26, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/26/2026. Pending before the Court is Petitioner's 9 Emergency Motion for a Temporary Restraining Order, which requests her immediate release from detention. For the following reasons, the Court finds the record supports the granting of the requested preliminary injunctive relief. See Garcia v. Google, 786 F.3d 733, 740 (9th Cir. 2015) (setting forth the factors for preliminary injunctive relief).First the Court finds Sahin has established a likelihood of success on the merits of her claim that her detention violates the Accard doctrine. "Pursuant to the Accardi doctrine, an administrative agency is required to adhere to its own internal operating procedures." Church of Scientology of Cal. v. United States, 920 F.2d 1481, 1487 (9th Cir. 1990) (emphasis added). "[C]ourts have recognized that the so-called Accardi doctrine extends beyond formal regulations." Alcaraz v. I.N.S., 384 F.3d 1150, 1162 (9th Cir. 2004) (collecting cases). Courts recognize that "[w]here the rights of individuals are affected, it is incumbent upon agencies to follow their own procedures." Id. (quoting Morton v. Ruiz, 415 U.S. 199, 235 (1974). "This is so even where the internal procedures are possibly more rigorous than otherwise would be required." Id. Respondents concede that the Accardi doctrine is "well established," and that ICE Policy Directive 11032.5 is a binding policy subject to that doctrine. See Respondents' Response, ECF No. 11 at 9-10; U.S. Immigration and Customs Enforcement, ICE Directive 11032.4: Identification and Monitoring of Pregnant, Postpartum, or Nursing Individuals (July 1, 2021) [https://perma.cc/S9FB-8UF4]. They claim, however, that ICE's decision to continue Sahin's detention does not represent a departure from agency policy, because her detention is governed by § 1225(b), which permits discretionary release on parole. Id. (citing the discretionary parole regulations for release on parole under § 1225(b), 8 C.F.R. §§ 212.5(b); 235.3(c)(1)). The parole regulations specifically state that pregnant noncitizens detained under § 1225(b) are generally eligible for release on humanitarian parole. See 8 C.F.R. §§ 212.5(b). Nevertheless, without offering any factual allegations or evidence to establish that ICE exercised its discretion as to whether to continue detain Sahin in accordance with Policy Directive 11032.5, or that ICE is complying with its own policy, by, inter alia, reevaluating the necessity of Sahin's detention on a weekly basis, recordkeeping, and consistently monitoring and documenting her condition and medical and mental health needs, Respondents summarily claim, without any support at all, that ICE has exercised its discretion to continue to detain Sahin in accordance with its own policy. See Respondents' Response, ECF No. 11 at 10. Based on the record before this Court, Respondents' ongoing detention of Sahin despite her high-risk pregnancy egregiously violates ICE's binding policy directive. Even assuming arguendo that, as Respondents argue, Sahin is properly detained under § 1225(b)(2)(A), she does not fall into the classes of noncitizens whose release is mandated by law. Indeed the policy, consistent with the government's detention authority as prescribed by the INA, states that the only categories of noncitizens prohibited by law to be released are those in expedited removal, and "certain criminal and terrorist noncitizens" during pending removal proceedings" under 8 U.S.C. § 1226(c) or "in the 90-day removal period" under 8 U.S.C. § 1231(a). ICE Policy Directive 11032.5 at 5.2. Thus, as Respondents concede, since Sahin is not detained under § 1226(c) or § 1231(a), ICE has discretion to release her. See Respondents' Response, ECF No. 11 at 10. Accordingly, pursuant to its own policy, ICE can only detain Sahin if "exceptional circumstances" justify her detention, and the policy limits the definition of exceptional circumstances to: "(1) the individual poses national security concerns; or (2) the individual poses an imminent risk of death, violence, or physical harm to any individual." ICE Policy Directive 11032.5 at 4.5. Yet Respondents do not argue, let alone provide any evidence, that Sahin is a threat to national security or poses an imminent risk of harm to any individual. Accordingly, the Court finds that Sahin is more than likely to succeed in establishing that her detention violates the Accardi doctrine. See Leon v. Ladwig, No. 6:25-CV-01884, 2026 WL 19095, at *8 (W.D. La. Jan. 2, 2026) (Concluding that if the noncitizen habeas petitioner's "continued detention and denial of parole do not comport with the policy set forth in ICE Directive 11032.4, then the Court must require Respondents to abide by their own policy" and directing the respondents to show cause why the petitioner's release is impermissible by law or that exceptional circumstances exist prohibiting the petitioner's release on parole). The Court further finds Sahin satisfies the remaining requirements for preliminary injunctive relief: namely, that she faces imminent irreparable harm based on Respondents' failure to provide her adequate medical care and the unlawful nature of her detention. See Hernandez v. Sessions, 872 F.3d 976, 995 (9th Cir. 2017) (recognizing the irreparable harms "imposed on anyone subject to immigration detention" which in the absence of relief "will continue to occur needlessly on a daily basis.") Further, the balance of the equities favor Sahin because "neither equity nor the public's interest are furthered by allowing violations of federal law to continue." Galvez v. Jaddou, 52 F.4th 821, 832 (9th Cir. 2022) (citation omitted).Therefore, IT IS HEREBY ORDERED that the 9 Motion is GRANTED. Respondents must IMMEDIATELY RELEASE Petitioner from custody on her own recognizance, and in any event no later than TODAY, 1/26/2026 at 7:30 p.m. IT IS FURTHER ORDERED that counsel for Respondents must notify counsel for Petitioner when and where she will be released as soon as practicable. IT IS FURTHER ORDERED that Respondents must file a certificate of compliance with this Order by 1/27/2026 at 12:00 p.m.A full written order setting forth the Court's findings and legal conclusions, including regarding the likelihood of success of Sahin's remaining claims not addressed herein, will follow. IT IS FURTHER ORDERED that the parties must file a stipulated scheduling order for briefing on the merits of the 2 Petition by 1/20/2026. (Copies have been distributed pursuant to the NEF - IML) (Entered: 01/26/2026)

Jan 26, 2026

Docket Entry - Generic

Jan 26, 2026

Minute Order AND Order on Motion for Temporary Restraining Order

Jan 26, 2026

Motion Hearing

#18

Jan 27, 2026

Notice Other

#19

Jan 27, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/27/2026.The Court's 17 Minute Order contained a clerical error regarding the deadline for the parties to file a stipulated scheduling order for briefing on the merits of the 2 Petition. IT IS HEREBY ORDERED that the parties' stipulation as to the briefing schedule is due by 1/30/2026.IT IS FURTHER ORDERED that Federal Respondents must file a certificate of compliance with the Court's 17 Order, which is now overdue. (Copies have been distributed pursuant to the NEF - IML) (Entered: 01/27/2026)

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Jan 27, 2026

Certificate Compliance

Jan 27, 2026

Minute Order

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Jan 28, 2026

Certificate of Service

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Jan 30, 2026

Stipulation

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Feb 02, 2026

IT IS HEREBY ORDERED that 22 Stipulated Briefing Schedule is GRANTED. Signed by Judge Richard F. Boulware, II on 2/2/2026.(Copies have been distributed pursuant to the NEF - CMB) (Entered: 02/02/2026)

Feb 02, 2026

Order on Stipulation

#25

Feb 13, 2026

Motion Extend/Shorten Time

#26

Feb 18, 2026

Motion Extend/Shorten Time

#27

Feb 20, 2026

Motion Extend/Shorten Time

#28

Feb 24, 2026

Motion Extend/Shorten Time