District of Nevada • 2:26-cv-00279

Zabaleta Ballera v. Bondi

Completed

Case Information

Filed: February 05, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Maximiliano D. Couvillier III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: March 13, 2026
Last Activity: April 03, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 05, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Beyker Eduardo Zabaketa Ballera.. (Attachments: # 1 Petition for a Writ of Habeas Corpus)(ALZ) (Attachment 1 replaced on 2/5/2026) (AMMi). (Entered: 02/05/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Feb 05, 2026
NOTICE from USDC advising case against Beyker Eduardo Zabaketa Ballera, et al., has been received and assigned case number 2:26-cv-00279-GMN-MDC. (ALZ) (Entered: 02/05/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Feb 05, 2026
EX PARTE MOTION for Appointment of Counsel by Petitioner Beyker Eduardo Zabaketa Ballera.. (ALZ) (Entered: 02/05/2026)
Main Document: Ex Parte Motion
#4
Feb 05, 2026
ORDER TRANSFERRING CASE. IT IS ORDERED that the Clerk of Court is kindly directed to transfer Case No. 2:26-cv-00279-GMN-MDC to Judge Richard F. Boulware, II. 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 Judge Gloria M. Navarro and Judge Richard F. Boulware, II on 2/5/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 02/05/2026)
Main Document: Order Reassign Judge
#5
Feb 05, 2026
ORDER TO SHOW CAUSE. IT IS ORDERED that the 3 IFP application is GRANTED. IT IS FURTHER ORDERED that the 3 motion for appointment of counsel is GRANTED. The Federal Public Defender for the District of Nevada is appointed to represent Petitioner Beyker Eduardo Zabaketa Ballera and is directed to file a notice of appearance (or indicate its inability to represent Zabaketa Ballera) within 4 days of the date of this Order (by February 9, 2026). IT IS FURTHER ORDERED that Petitioner, with the assistance of appointed counsel, file an Amended Petition by February 13, 2026. IT IS FURTHER ORDERED that the Clerk of the Court will send a copy of this order to the Federal Public Defender and the CJA coordinator for this division. Respondents are ORDERED TO SHOW CAUSE why the Petition should not be granted. Respondents shall file, in writing, a (i) notice of appearance on or before February 9, 2026, and (ii) a return certifying the true cause of detention within three days of the Amended Petition being filed. Petitioner may file a Traverse on or before February 20, 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 -1 Petition 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 -1 Petition 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 Facility Warden John Mattos (NSDC) at ahesman@strucklove.com. 4. 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: 1) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania Avenue, NW, Washington, DC, 20530 2) 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 -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 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 2/5/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: USM // ad hoc: CJA Coordinator // mail: respondents) (Entered: 02/05/2026)
Main Document: Order AND Order Show Cause AND Order on Ex Parte Motion AND Order on Motion/Application to Proceed In Forma Pauperis
Feb 05, 2026
Assign Judges in Civil Case
Feb 05, 2026
Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (ALZ)
#6
Feb 09, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#7
Feb 09, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#8
Feb 09, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#9
Feb 13, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#10
Feb 13, 2026
Motion Seal
Main Document: Motion Seal
#12
Feb 17, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#13
Feb 17, 2026
Response
Main Document: Response
#14
Feb 18, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 2/18/2026.Before the Court is Respondents' Motion to Extend Time (ECF No. 12 ). Through it, Respondents seek an additional five days to respond to this Court's Order to Show Cause (ECF No. 5 ). The Court has reviewed the Motion and finds that good cause exists for a modest three-day extension of this deadline. Nonetheless, the Court declines to grant a five-day extension, as the Court does not find good cause for a longer extension at this time. In reaching this result, the Court relies on the following findings:1. While the Court acknowledges Respondents' Counsel's significant case load, the Court notes that this case load is a direct result of Respondents' own conduct. 2. Petitioner's liberty and medical needs are at stake in this case. See generally ECF No. 9 (First Amended Petition for Writ of Habeas Corpus). As such, Petitioner is directly prejudiced by unnecessary delays in the resolution of this case. 3. This is a habeas matter. As such, this Court is required to promptly address Petitioner's claims. See Yong v. I.N.S., 208 F.3d 1116, 1120 (9th Cir. 2000) (citation omitted). Therefore, IT IS HEREBY ORDERED Respondents' Motion to Extend Time (ECF No. 12 ) is GRANTED in part and DENIED in part. Respondents now have up to, and including, February 20, 2026, to respond to this Court's Order to Show Cause. Petitioner now has up to, and including, February 23, 2026, to reply.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 02/18/2026)
Feb 18, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#15
Feb 19, 2026
USM Return
Main Document: USM Return
#16
Feb 19, 2026
Response
Main Document: Response
#17
Feb 20, 2026
Reply
Main Document: Reply
#18
Feb 25, 2026
Order AND Order on Motion to Seal
Main Document: Order AND Order on Motion to Seal
#19
Mar 10, 2026
Motion Seal
Main Document: Motion Seal
#21
Mar 12, 2026
Motion Seal
Main Document: Motion Seal
#24
Mar 13, 2026
Judgment
Main Document: Judgment
#25
Mar 13, 2026
Motion Hearing Before Judge
Main Document: Motion Hearing Before Judge
#26
Mar 13, 2026
Withdrawal of Motion
Main Document: Withdrawal of Motion
#27
Mar 13, 2026
Status Report
Main Document: Status Report
#28
Mar 31, 2026
Motion Unseal
Main Document: Motion Unseal
#29
Apr 02, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/2/2026. The Court's 23 Order granting Mr. Zabaleta Ballera a writ of habeas corpus was filed under seal to protect the Petitioner's private medical information. However, Petitioner has since filed a Motion 28 to Unseal, requesting that the Court issue an unsealed order that redacts the portions of the 23 Order discussing said medical information. In the Ninth Circuit, there is a strong presumption that the public has a right to inspect and copy judicial records. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Because of this presumption, and because the initial sealing of the Order was to protect the privacy interests of the movant, the Court grants the 28 Motion and will separately issue an unsealed order with the requested redactions.IT IS THEREFORE ORDERED 28 Motion to Unseal is GRANTED. The Court's issuance of an unsealed Order will follow. (Copies have been distributed pursuant to the NEF - CMB) (Entered: 04/02/2026)
Apr 02, 2026
Minute Order AND Order on Motion to Unseal
#30
Apr 03, 2026
Order
Main Document: Order

Parties

Bondi
Party
Zabaketa Ballera
Party