District of Nevada • 2:26-cv-00372

Mora-Espejo v. Noem

Active

Case Information

Filed: February 12, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 15, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 12, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8363922) by Baldemar MORA-ESPEJO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons. Mattos, # 3 Summons Summons. Knight, # 4 Summons Summons. Bondi, # 5 Summons Summons. Noem, # 6 Summons Summons. U.S. Atty NV) (Esparza, Sylvia) (Entered: 02/12/2026)
Main Document: Petition Writ of Habeas Corpus
#2
Feb 12, 2026
Emergency MOTION for Temporary Restraining Order by Petitioner Baldemar MORA-ESPEJO. Responses are due by 2/26/2026. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Esparza, Sylvia) (Entered: 02/12/2026)
Main Document: Motion Temporary Restraining Order
Feb 12, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. ***Emergency motion previously filed in case.*** Nature of Suit: 463 - Habeas Immigration (AMMi)
#3
Feb 13, 2026
CERTIFICATE OF SERVICE for 2 Motion for TRO, by Petitioner Baldemar Mora-Espejo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Esparza, Sylvia) (Entered: 02/13/2026)
Main Document: Certificate of Service
#4
Feb 13, 2026
AFFIDAVIT of Sylvia L. Esparza re 2 Motion for TRO, by Petitioner Baldemar Mora-Espejo. (Esparza, Sylvia) (Entered: 02/13/2026)
Main Document: Affidavit
#5
Feb 13, 2026
ORDER TRANSFERRING CASE. IT IS ORDERED that the Clerk of Court is kindly directed to transfer Case No. 2:26-cv-00372-JAD-BNW 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 Jennifer A. Dorsey and Judge Richard F. Boulware, II on 2/13/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 02/13/2026)
Main Document: Order Reassign Judge
#6
Feb 13, 2026
Order Show Cause
Main Document: Order Show Cause
Feb 13, 2026
Assign Judges in Civil Case
#7
Feb 17, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#8
Feb 19, 2026
Response
Main Document: Response
#9
Feb 19, 2026
Response
Main Document: Response
#10
Feb 23, 2026
USM Return
Main Document: USM Return
#11
Feb 23, 2026
Reply
Main Document: Reply
#12
Feb 24, 2026
ORDER GRANTING WRIT OF HABEAS CORPUS Based on the foregoing IT IS HEREBY ORDERED that the (ECF No. 1 ) Petition for Writ of Habeas Corpus is GRANTED. IT IS FURTHER ORDERED that the (ECF No. 2 ) Motion for Temporary Restraining Order is DENIED as moot. IT IS FURTHER ORDERED that Respondents, including the immigration court, must provide Petitioner with a constitutionally adequate bond hearing pursuant to 8 U.S.C. § 1226(a) no later than February 26, 2026. The immigration court mu st create a contemporaneous record of the bond hearing that is available to Petitioner upon request. See, e.g., Rodriguez v. Robbins, 715 F.3d 1127, 1136 (9th Cir. 2013). IT IS FURTHER ORDERED that if bond is granted, Respondents are ORDERED to I MMEDIATELY RELEASE Petitioner from detention. The Court has received notice of the hardship other petitioners have incurred in their efforts to satisfy bond through ICE payment portals, and, therefore, IT IS FURTHER ORDERERD that Petitioner be affo rded until March 26, 2026 to satisfy any monetary bond conditions. IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINED from invoking 8 C.F.R. § 1003.19(i)(2) to continue Petitioner's 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 ORDERED that if a constitutionally adequate bond hearing is not conducted by Febru ary 26, 2026, Respondents must IMMEDIATELY RELEASE PETITIONER from custody ON HIS OWN RECOGNIZANCE. IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINED from detaining Petitioner during the pendency of his current removal proceedings u nless and until it is determined that his detention is warranted under § 1226(a) after a constitutionally adequate bond hearing. IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. & #167; 1225(b)(2)(A). IT IS FURTHER ORDERED that the Parties shall file a joint status report by February 27, 2026. The status report shall detail if the bond hearing occurred, if bond was granted or denied, and, if denied, the reasons for that de nial. If bond was granted or the bond hearing has not occurred, the status report shall confirm Petitioner's release from detention in compliance with this Order. The Clerk of Court is instructed to enter judgment accordingly and close this case. The Court retains jurisdiction to enforce its order and judgment. Petitioner may move to reopen this matter to enforce the judgment without filing a separate case. The Court also retains jurisdiction to consider Petitioner's request for fees and costs. Any fee petition should be filed within the deadlines and consistent with the requirements set by the Equal Access to Justice Act, 28 U.S.C. § 2412. Signed by Judge Richard F. Boulware, II on 2/24/2026. (Copies have been distributed pursuant to the NEF - RJDG)
Main Document: Order AND Order on Motion for Temporary Restraining Order
#13
Feb 24, 2026
Judgment
Main Document: Judgment
#14
Feb 27, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#15
Feb 27, 2026
Status Report
Main Document: Status Report
#16
May 25, 2026
Motion Attorney Fees
Main Document: Motion Attorney Fees
#17
Jun 08, 2026
Response
Main Document: Response
#18
Jun 11, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
Jun 12, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#20
Jul 15, 2026
Reply
Main Document: Reply
#21
Jul 15, 2026
Response
Main Document: Response

Parties

Mora-Espejo
Party
Noem
Party