District of Nevada • 2:26-cv-00238

#1

Feb 02, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Eddiel Acosta Diaz De La Serna. (Attachments: # 1 Petition for Writ of Habeas Corpus)(MAM) (Entered: 02/02/2026)

#2

Feb 02, 2026

MOTION for Appointment of Counsel by Petitioner Eddiel Acosta Diaz De La Serna. (MAM) (Entered: 02/02/2026)

#3

Feb 02, 2026

NOTICE from USDC advising case against Pamela Bondi, et al., has been received and assigned case number 2:26-cv-00238-APG-DJA. (MAM) (Entered: 02/02/2026)

Feb 02, 2026

Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (AMMi)

Feb 02, 2026

Assign Judges in Civil Case

#4

Feb 03, 2026

ORDER. IT IS ORDERED that the 1 motion to proceed IFP is granted. IT IS FURTHER ORDERED that the 2 motion for appointment of counsel is granted. The Federal Public Defender for the District of Nevada is appointed to represent Petitioner and is directed to file a notice of appearance (or indicate its inability to represent Petitioner) within 7 days of the date of this Order. IT IS FURTHER ORDERED that if the Federal Public Defender files a notice of appearance in this matter, it will then have 14 days to file an amended petition (or to indicate that an amended petition is unnecessary). IT IS FURTHER ORDERED that the Clerk of Court: 1. FILE the 1 -1 petition. 2. DELIVER a copy of the 1 -1 petition and this Order to the United States Marshal for service. 3. SEND a copy of the 1 -1 petition and this Order to the Federal Public Defender, Petitioner, and the CJA Coordinator for this division. 4. SEND, through CM/ECF, a copy of the 1 -1 petition and this Order to the United States Attorney's Office for the District of Nevada, at Sigal.Chattah@usdoj.gov, summer.johnson@usdoj.gov, Veronica.criste@usdoj.gov, and caseview.ecf@usdoj.gov, in accordance with Federal Rule of Civil Procedure 5(b)(2)(E). 5. SEND, through CM/ECF, a copy of the 1 -1 petition and this Order to Ashley Hesman, who represents John Mattos, at ahesman@strucklove.com. 6. MAIL a copy of the 1 -1 petition and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: a) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania Avenue, NW, Washington, DC, 20530 b) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite Ave. Pahrump, NV 89060 IT IS FURTHER ORDERED that the United States Marshal SERVE a copy of the 1 -1 petition 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 State Attorney pursuant to Rule 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the United States Attorney's Office for the District of Nevada 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 14 days of service of the counseled amended petition. IT IS FURTHER ORDERED that the respondents shall not transfer Petitioner out of this District, with the exception of effectuating his lawful deportation. See order for further details. Signed by Chief Judge Andrew P. Gordon on 2/3/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: USM // ad hoc: CJA Coordinator // mail: petitioner, respondents) (Entered: 02/03/2026)

#5

Feb 03, 2026

PETITION for Writ of Habeas Corpus by Eddiel Acosta Diaz De La Serna. (AMMi - cc: USM // ad hoc: CJA Coordinator // mail: petitioner, respondents) (Entered: 02/03/2026)

#6

Feb 04, 2026

NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondent Pamela Bondi. (Tomova, Virginia) (Entered: 02/04/2026)

#7

Feb 05, 2026

USM Return Executed re 4 Order on Motion/Application to Proceed in forma pauperis, Order on Motion for Appointment of Counsel. USA served on 2/4/2026, answer due 2/24/2026. (JG) (Entered: 02/06/2026)

#8

Feb 10, 2026

NOTICE of Appearance by attorney Jennifer Joseph on behalf of Petitioner Eddiel Acosta Diaz De La Serna. (Joseph, Jennifer) (Entered: 02/10/2026)

#9

Feb 10, 2026

NOTICE of Appearance by attorney Laura Angeline Barrera on behalf of Petitioner Eddiel Acosta Diaz De La Serna. (Barrera, Laura) (Entered: 02/10/2026)

#10

Feb 24, 2026

MOTION to Extend Time (First Request) to File First Amended Petition re 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,, Order on Motion for Appointment of Counsel,,,,,,,,,,,,,,,,,,,,,,, by Petitioner Eddiel Acosta Diaz De La Serna. Responses are due by 3/10/2026. (Joseph, Jennifer) (amend) (Entered: 02/24/2026)

#11

Feb 26, 2026

ORDER Granting 10 Motion to Extend Time. Amended Petition is due by 3/3/2026. Signed by Chief Judge Andrew P. Gordon on 2/26/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 02/26/2026)

#12

Mar 03, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Eddiel Acosta Diaz De La Serna. Adds new parties. (Joseph, Jennifer) (Entered: 03/03/2026)

#13

Mar 03, 2026

EXHIBIT Index of exhibits in support of First Amended § 2241 Petition to 12 Amended Petition for Writ of Habeas Corpus by Petitioner Eddiel Acosta Diaz De La Serna. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Joseph, Jennifer) (Entered: 03/03/2026)

#14

Mar 12, 2026

NOTICE of Appearance by attorney Martin Mayer on behalf of Respondent Pamela Bondi. (Mayer, Martin) (Entered: 03/12/2026)

#15

Mar 17, 2026

RESPONSE to 12 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 03/17/2026)

#16

Mar 17, 2026

MOTION to Extend Time (First Request) to File a Response to Amended Petition (ECF No. 12) re 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,, Order on Motion for Appointment of Counsel,,,,,,,,,,,,,,,,,,,,,,, by Respondent Pamela Bondi. Responses are due by 3/31/2026. (Mayer, Martin) (presiding) (Entered: 03/17/2026)

#17

Mar 18, 2026

RESPONSE to 16 Motion to Extend/Shorten Time, by Petitioner Eddiel Acosta Diaz De La Serna. Replies are due by 3/25/2026. (Joseph, Jennifer) (Entered: 03/18/2026)

#18

Mar 30, 2026

MOTION to Extend Time (Second Request) to File a Response to Amended Petition (ECF No. 12) re 4 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,, Order on Motion for Appointment of Counsel,,,,,,,,,,,,,,,,,,,,,,, by Respondent Pamela Bondi. Responses are due by 4/13/2026. (Mayer, Martin) (presiding) (Entered: 03/30/2026)

#19

Mar 31, 2026

ORDER GRANTING, IN PART, MOTIONS FOR EXTENSION OF TIME. IT IS ORDERED that the respondents' 16, 18 motions for extension of time are granted in part. The respondents' response to the second amended petition is due by April 6, 2026. Signed by Chief Judge Andrew P. Gordon on 3/31/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 03/31/2026)

#20

Apr 06, 2026

RESPONSE to 12 Amended Petition for Writ of Habeas Corpus by Respondent Pamela Bondi. (Attachments: # 1 Exhibit A)(Mayer, Martin) (Entered: 04/06/2026)

#21

Apr 13, 2026

REPLY to 20 Response, 12 Amended Petition for Writ of Habeas Corpus by Petitioner Eddiel Acosta Diaz De La Serna. (Joseph, Jennifer) (Entered: 04/13/2026)

#22

Apr 28, 2026

ORDER GRANTING IN PART PETITION FOR HABEAS CORPUS AND SETTING DEADLINES FOR SUPPLEMENTAL BRIEFS. IT IS ORDERED that the clerk of court correct the petitioner's name on the case caption to Eddiel Acosta Diaz La Serna. IT IS FURTHER ORDERED that petitioner Eddiel Acosta Diaz La Serna's 12 amended petition for writ of habeas corpus is GRANTED in part. IT IS FURTHER ORDERED that by Thursday, April 27, 2026, at 12:00 p.m. PDT, the parties must file supplemental briefs of no more than five pages each addressing the following: 1. Whether any party appealed the IJ's grant of withholding of removal and, if so, how that impacts what statutes apply to La Serna's detention and the availability of an individualized bond hearing. 2. If no party appealed, what statutes apply to La Serna's detention and the availability of an individualized bond hearing. 3. Whether La Serna has ever had an individualized bond hearing and, if so, the results. 4. What relief is appropriate at this stage regarding La Sernas detention. See order for further details. Signed by Chief Judge Andrew P. Gordon on 4/28/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 04/28/2026)

#23

Apr 30, 2026

SUPPLEMENTAL BRIEF re 22 Order,,,, by Respondent Todd Blanche. (Mayer, Martin) (Entered: 04/30/2026)

#24

Apr 30, 2026

SUPPLEMENTAL BRIEF re 22 Order,,,, by Petitioner Eddiel Acosta Diaz La Serna. Petitioners Supplemental Brief per Courts Order (ECF No. 22) (Joseph, Jennifer) (Entered: 04/30/2026)

#25

Apr 30, 2026

NOTICE of Manual Filing by Petitioner Eddiel Acosta Diaz La Serna re 24 Brief. Object: USB, Volume(s): 1, Description: Audio USB of Bond Hearing Transcript of Proceedings dated March 18, 2026., manually filed with the Clerk's Office. Petitioners Notice of Manual Filing of Exhibit H. (Joseph, Jennifer) (Entered: 04/30/2026)

#26

May 13, 2026

ORDER Denying Without Prejudice the Requested Relief of Release or a Bond Hearing ECF No. 12 . La Serna's Supplemental Brief is due by 5/22/2026. If La Serna does not file a supplemental brief by May 22, 2026, this order will become final. If La Serna does file a supplemental brief, the government may file a response of no more than five pages by May 29, 2026. IT IS FURTHER ORDERED that by June 12, 2026, petitioner Eddiel Acosta Diaz La Serna may amend his petition if he has grounds to do so. Signed by Chief Judge Andrew P. Gordon on 5/13/2026. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 05/14/2026)

#27

May 22, 2026

SUPPLEMENTAL BRIEF re 26 Order,, by Petitioner Eddiel Acosta Diaz La Serna. (Joseph, Jennifer) (Entered: 05/22/2026)

#28

May 29, 2026

RESPONSE to 27 Brief by Respondent Todd Blanche. (Mayer, Martin) (Entered: 05/29/2026)

#29

Jun 12, 2026

Second AMENDED PETITION for Writ of Habeas Corpus by Eddiel Acosta Diaz La Serna. Adds new parties. (Joseph, Jennifer) (Entered: 06/12/2026)

#30

Jun 12, 2026

EXHIBIT Index of exhibits in support of Second Amended § 2241 Petition to 29 Amended Petition for Writ of Habeas Corpus by Petitioner Eddiel Acosta Diaz La Serna. (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)(Joseph, Jennifer) (Entered: 06/12/2026)

#31

Jun 26, 2026

RESPONSE to 29 Amended Petition for Writ of Habeas Corpus by Respondents Todd Blanche, Ruben Leyva, David Venturella, Markwayne Mullin. (Attachments: # 1 Exhibit A)(Mayer, Martin) (Entered: 06/26/2026)

#32

Jun 26, 2026

RESPONSE to 29 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 06/26/2026)

#33

Jul 02, 2026

REPLY to 32 Response by Petitioner Eddiel Acosta Diaz La Serna. (Joseph, Jennifer) (Entered: 07/02/2026)

#34

Sep 02, 2026

Order Granting in Part Second Amended Petition I THEREFORE ORDER that petitioner Eddiel Acosta Diaz La Serna's second amended petition (ECF No. 29 ) is granted in part. I deny grounds one and two as moot and deny ground six without prejudice. I grant grounds three, four, and five. I FURTHER ORDER that by September 10, 2026 the government must provide La Serna with notice of its intent to remove him to Mexico or any other third country. That notice must provide La Serna with written notice of the country being designated and the statutory basis for the designation. The notice also must ask La Serna whether he fears persecution or harm upon removal to the third country, and his response must be memorialized in a writing signed by La Serna. I FURTHER ORDER that if La Serna expresses a fear of persecution or harm upon removal to the identified third country, then DHS must inform him that he may seek asylum, withholding, and relief under the CAT by filing a motion to reopen with the immigration court. I FURTHER ORDER that if La Serna intends to raise a fear-based claim, he must file a motion to reopen to challenge DHS's country designation and/or apply for asylum, withholding, and relief under the CAT by September 16, 2026. I FURTHER ORDER that by September 8, 2026, ICE must conduct a custody review under 8 C.F.R. § 241.4 that does not rely on § 1231(a)(1)(C) to deny his release. Signed by Chief Judge Andrew P. Gordon on 9/2/2026. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 09/02/2026)

#35

Sep 14, 2026

MOTION to Enforce Courts Order (ECF No. 34) re 34 Order,,,,,, by Petitioner Eddiel Acosta Diaz La Serna. Responses are due by 9/28/2026. (Attachments: # 1 Exhibit 11)(Joseph, Jennifer) (DJorder) (Entered: 09/14/2026)

#36

Sep 14, 2026

MOTION to Reconsider Courts Order in Part (ECF No. 34) re 34 Order,,,,,, by Petitioner Eddiel Acosta Diaz La Serna. Responses are due by 9/28/2026. (Attachments: # 1 Exhibit 12)(Joseph, Jennifer) (DJorder) (Entered: 09/14/2026)

#37

Sep 15, 2026

ORDER. I THEREFORE ORDER that by September 17, 2026, the government must show, with evidence, that it complied with my September 2, 2026 order (ECF No. 34 ). Petitioner Eddiel Acosta Diaz La Serna may file a reply by September 21, 2026. I FURTHER ORDER that by September 22, 2026, the government must respond to the motion to reconsider (ECF No. 36 ). I FURTHER ORDER that the September 16, 2026 deadline I imposed on petitioner Eddiel Acosta Diaz La Serna to file a motion to reopen is vacated until further order of the court. Signed by Chief Judge Andrew P. Gordon on 9/15/2026. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 09/15/2026)

#38

Sep 17, 2026

MOTION to Extend Time (First Request) to File a Response per the Courts Order, ECF No. 37 re 37 Order on Motion to Enforce,,, Order to Show Cause,,, Set/Reset Motion and R&R Deadlines/Hearings,, by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, David Venturella. Responses are due by 10/1/2026. (Mayer, Martin) (presiding) (Entered: 09/17/2026)

#39

Sep 17, 2026

RESPONSE to 38 Motion to Extend/Shorten Time, by Petitioner Eddiel Acosta Diaz La Serna. Replies are due by 9/24/2026. (Joseph, Jennifer) (Entered: 09/17/2026)

#40

Sep 18, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Andrew P. Gordon on 9/18/2026. ORDER Granting in part and Denying in part 38 Motion to Extend Time; filed by Ruben Leyva, Markwayne Mullin, David Venturella, Todd Blanche. Responses are due by 11:00 a.m. on 9/18/2026. Respondents must make prior arrangements to release and transport Petitioner by 5:00 p.m. today in the event I order his release. (Copies have been distributed pursuant to the NEF - KSR) (Entered: 09/18/2026)

#41

Sep 18, 2026

RESPONSE to 37 Order on Motion to Enforce,,, Order to Show Cause,,, Set/Reset Motion and R&R Deadlines/Hearings,, by Respondents Todd Blanche, Ruben Leyva, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit A)(Mayer, Martin) (Entered: 09/18/2026)

#42

Sep 18, 2026

Order to Release Petitioner I THEREFORE ORDER respondent John Mattos and the Federal Respondents to make all reasonable efforts to release petitioner Eddiel Acosta Diaz La Serna from the custody of the Nevada Southern Detention Center today (Friday, September 18, 2026) no later than 1:00 p.m., but no later than Monday, September 21, 2026 at 1:00 p.m. The respondents must transport La Serna to 501 Las Vegas Blvd. South, Las Vegas, Nevada that same day. The respondents must advise La Serna's counsel of the estimated time of release for coordination purposes at least one hour before he is released. I FURTHER ORDER that the respondents return all of La Serna's personal property to him upon his release. I FURTHER ORDER that the respondents may not re-detain La Serna without conducting a pre-deprivation, individualized custody review and without complying with my order regarding the process he is due in relation to any attempt a third-country removal. Signed by Chief Judge Andrew P. Gordon on 9/18/2026. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 09/18/2026)

Sep 18, 2026

Minute Order Terminate Motion AND Order on Motion to Extend/Shorten Time

#43

Oct 05, 2026

ORDER that petitioner Eddiel Acosta La Serna's motion for reconsideration (ECF No. 36 ) is DENIED as moot because I have already ordered his release. See ECF No. 42 . Signed by Chief Judge Andrew P. Gordon on 10/5/2026. (Copies have been distributed pursuant to the NEF - MAJ)