District of Nevada • 2:26-cv-00242

Escamilla-Lopez v. Holston

Active

Case Information

Filed: February 02, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Active
Last Activity: August 05, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 02, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8346653) by Rogelio Escamilla-Lopez. (Attachments: # 1 Exhibit A) (Vasquez, Heron) (Entered: 02/02/2026)
Main Document: Petition Writ of Habeas Corpus
Feb 03, 2026
Assign Judges in Civil Case
#2
Feb 04, 2026
Order Reassign Judge
Main Document: Order Reassign Judge
#3
Feb 04, 2026
ORDER TO SHOW CAUSE. Respondents are ORDERED TO SHOW CAUSE why the 1 Writ should not be granted. See 28 U.S.C. § 2243. Respondents shall file, in writing, within three days, a (i) notice of appearance and (ii) "a return certifying th e true cause of detention" on or before February 9, 2026. Petitioner may file a traverse on or before February 12, 2026. IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this District. IT IS FURTHER ORDERED that the Clerk of Court: 1. DELIVER a copy of the 1 Petition, 1 -1 attachments 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 1 Petition, 1 -1 attachments 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 1 Petition, 1 -1 attachments and th is Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 1) Leander Holston, Field office Director, U.S. Immigration and Customs Enforcement, 501 S. Las Vegas Boulevard, Ste. 200, Las Vegas, NV 89101. 2) Kristi Noem, Secre tary, United States Department of Homeland Security, 245 Murray Lane SW, Washington, DC 20528 3) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania Avenue, NW, Washington, DC, 20530 4) Sirce Owen, Acting Director of Executi ve Office of Immigration Review, 5107 Leesburg Pike, Falls Church, VA 22041 5) John Mattos, Warden, Nevada Southern Center, 2190 E. Mesquite Ave. Pahrump, NV 89060 IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the 1 Petition, [ 1]-1 attachments, 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. See order for further details. Signed by Judge Richard F. Boulware, II on 2/4/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: USM // mail: respondents)
Main Document: Order AND Order Show Cause
#4
Feb 04, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#5
Feb 09, 2026
Response
Main Document: Response
#6
Feb 09, 2026
USM Return
Main Document: USM Return
#7
Feb 10, 2026
Response
Main Document: Response
#8
Feb 12, 2026
ORDER GRANTING Petition for Writ of Habeas Corpus (ECF No. 1 ).IT IS HEREBY ORDERED Mr. Escamilla-Lopez's Petition is GRANTED. Respondents are ORDERED to release Petitioner from custody by 4:00 p.m. on Febr uary 13, 2026. Petitioner shall be subject to the bond and other conditions imposed by the IJ. IT IS FURTHER ORDERED that Respondents are enjoined from denying Petitioner release on bond on the basis that he is subject to mandatory det ention pursuant to 8 U.S.C. § 1225(b)(2).Thus, 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). The Court has received notice of the hardship other petitioners have incurred in their efforts to satisfy b ond, therefore, IT IS FURTHER ORDERED that Petitioner has until March 13, 2026, to satisfy the monetary bond conditions.IT IS FURTHER ORDERED that the parties shall file a joint notice of compliance with this Order by February 16, 2026. Signed by Judge Richard F. Boulware, II on 2/12/2026. (Copies have been distributed pursuant to the NEF - CMB)
Main Document: Order
#9
Feb 13, 2026
Status Report
Main Document: Status Report
Feb 20, 2026
Minute Order
#11
Aug 05, 2026
Judgment
Main Document: Judgment

Parties

Escamilla-Lopez
Party
Holston
Party