District of Nevada • 2:26-cv-00355

#1

Feb 11, 2026

First PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8361602) by JESUS GARCIA HERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service, # 3 Exhibit) (Garde, Jon) (Entered: 02/11/2026)

#2

Feb 11, 2026

First MOTION for Preliminary Injunction by Petitioner JESUS GARCIA HERNANDEZ. Responses are due by 2/25/2026. (Attachments: # 1 Declaration, # 2 Certificate of Service, # 3 Proposed Order)(Garde, Jon) (Entered: 02/11/2026)

#3

Feb 11, 2026

PROPOSED SUMMONS to be issued to defendants by Petitioner JESUS GARCIA HERNANDEZ. (Garde, Jon) (Entered: 02/11/2026)

Feb 11, 2026

Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Nancy J. Koppe. ***Emergency motion previously filed in case.*** Nature of Suit: 463 - Habeas Immigration (RJDG)

Feb 12, 2026

Assign Judges in Civil Case

#4

Feb 13, 2026

TRANSFER ORDER For the foregoing reasons, IT IS HEREBY ORDERED the Clerk of Court is kindly directed to transfer Case No. 2:26-cv-00355-APG-NJK 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 Chief Judge Andrew P. Gordon and Judge Richard F. Boulware, II on 2/13/2026. (Copies have been distributed pursuant to the NEF - RJDG)

#5

Feb 13, 2026

CLERK'S NOTICE that this case is directly reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:26-cv-00355-RFB-NJK. (no image attached) (RJDG) (Entered: 02/13/2026)

#6

Feb 13, 2026

ORDER TO SHOW CAUSE. Respondents are ORDERED TO SHOW CAUSE why the 2 Motion for Preliminary Injunction should not be granted. See 28 U.S.C. § 2243. Respondents shall file, in writing, (i) a notice of appearance and (ii) "a return certifying the true cause of detention" on or before February 18, 2026. Petitioner may file a reply on or before February 23, 2026. IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner out of this District. IT IS FURTHER ORDERED that the Clerk of Court is kindly instructed to: 1. DELIVER a copy of the 1 Petition, 2 Motion, attachments (ECF Nos. 1 -1, 1 -2, 1 -3, 2 -1, 2 -2, 2 -3), 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, 2 Motion, attachments (ECF Nos. 1 -1, 1 -2, 1 -3, 2 -1, 2 -2, 2 -3), 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, 2 Motion, attachments (ECF Nos. 1 -1, 1 -2, 1 -3, 2 -1, 2 -2, 2 -3), and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to: 1) Michael Bernacke, Field Office Director of Enforcement and Removal Operations, Salt Lake City Office, Immigration and Customs Enforcement, 2975 Decker Lake Drive Suite 100, West Valley City, UT 84119-6096. 2) John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 3) Kristi Noem, Secretary, United States Department of Homeland Security, 245 Murray Lane S.W., Washington, D.C. 20528. 4) Rodney Scott, Commissioner, U.S. Customs and Border Protection CBP Headquarters, 1300 Pennsylvania Avenue N.W. Washington, D.C. 20229. 5) Pamela Bondi, Attorney General of the United States, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530. IT IS FURTHER ORDERED that the U.S. Marshal SERVE a copy of the 1 Petition, 2 Motion, attachments (ECF Nos. 1 -1, 1 -2, 1 -3, 2 -1, 2 -2, 2 -3), 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 2/13/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: USM // mail: respondents) (Entered: 02/13/2026)

Feb 13, 2026

Clerks Notice Reassign Judge

#7

Feb 18, 2026

NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondents Michael Bernacke, Pamela Jo Bondi, Kristi Noem. (Botros, Tamer) (Entered: 02/18/2026)

#8

Feb 18, 2026

RESPONSE to 2 Motion for Preliminary Injunction by Respondents Michael Bernacke, Pamela Jo Bondi, Kristi Noem. Replies are due by 2/25/2026. (Attachments: # 1 Index, # 2 Exhibit a, # 3 Exhibit b, # 4 Exhibit c, # 5 Exhibit d, # 6 Exhibit e)(Botros, Tamer) (Entered: 02/18/2026)

#9

Feb 18, 2026

RESPONSE to 6 Order to Show Cause,,,,,,,,,,, by Respondent John Mattos. (Hesman, Ashlee) (Entered: 02/18/2026)

#11

Feb 23, 2026

USM Return

#12

Feb 23, 2026

ORDER GRANTING WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 1 ) is GRANTED. Respondents are ORDERED to release Petitioner from custody by 4:00p.m. on Febru ary 24, 2026. Petitioner shall be subject to the bond, and other conditions, imposed by the IJ. The Court has received notice of the hardship other petitioners have incurred in their efforts to satisfy bond through ICE payment portals, an d, therefore, IT IS FURTHER ORDERERD Petitioner be afforded until March 24, 2026, to satisfy any monetary bond conditions. IT IS FURTHER ORDERED Respondents are PERMANENTLY ENJOINED from invoking 8 C.F.R. § 1003.19(i)(2) to continue Petitioners detention, as the Court has already found the regulatory automatic stay is facially unconstitutional and adopts that finding here. See Herrera v. Knight, 798 F.Supp.3d 1184 (D. Nev. 2025). IT IS FURTHER O RDERED that Respondents are PERMANENTLY ENJOINED from detaining Petitioner during the pendency of his current removal proceedings unless, and until, it is determined that his detention is warranted under § 1226(a) after a constitution ally adequate bond hearing. IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINEDfrom detaining Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A). IT IS FURTHER ORDERED that the Parties shall file a joint n otice of compliance with this Order by February 25, 2026. IT IS FURTHER ORDERED Petitioner's Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 2 ) is DENIED as moot. Signed by Judge Richard F. Boulware, II on 2/23/2026. (Copies have been distributed pursuant to the NEF - JG)

Feb 23, 2026

Minute Order

#13

Feb 25, 2026

Status Report