District of Nevada • 2:26-cv-00428

Gaitan v. Bondi

Active

Case Information

Filed: February 17, 2026
Assigned to: Andrew Patrick Gordon
Referred to: Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 08, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 17, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Samuel Nolasco Gaitan. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Ex Parte Motion for Appointment of Counsel) (AMMi) (Entered: 02/17/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Feb 17, 2026
NOTICE from USDC advising case against Bondi, et al., has been received and assigned case number 2:26-cv-00428-APG-EJY. (AMMi) (Entered: 02/17/2026)
Main Document: Advisory Letter Habeas only - FORM
Feb 17, 2026
Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (ALZ)
Feb 17, 2026
Assign Judges in Civil Case
#3
Feb 19, 2026
SERVICE AND APPOINTMENT ORDER. IT IS ORDERED that the 1 IFP application is granted. IT IS FURTHER ORDERED that the 1 -2 motion for appointment of counsel is granted. The Federal Public Defender for the District of Nevada is appointed to rep resent 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 i n 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. ADD the United Sta tes Attorneys' Office for the District of Nevada to the docket as an Interested Party. Pursuant to District of Nevadas General Order 2026-03 (Feb. 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedu re 4 and 28 U.S.C. § 2243. 3. SEND a copy of the 1 -1 petition and this Order to the Federal Public Defender at ecf_nvchu@fd.org, Petitioner, and the CJA Coordinator for this division. 4. MAIL a copy of the 1 -1 Pe tition and this Order pursuant to Rule4(i)(2) of the Federal Rules of Civil Procedure to John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 5. SEND, through CM/ECF, a copy of the 1 -1 petition and this order to counsel for proper respondent John Mattos: Ashlee Hesman atahesman@strucklove.com. 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, unless additional time is allowed for good cause shown. IT IS FURTHER ORDERED that the respondents shall no t transfer Petitioner out of this District with the exception of effectuating Petitioner's lawful deportation. See order for further details. Signed by Chief Judge Andrew P. Gordon on 2/19/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner and Mattos via USPS // ad hoc: CJA Coordinator, ecf_nvchu@fd.org)
Main Document: Order AND Order on Motion/Application to Proceed In Forma Pauperis
#4
Feb 19, 2026
PETITION for Writ of Habeas Corpus by Jose Samuel Nolasco Gaitan. (AMMi - cc: Petitioner and Mattos via USPS // ad hoc: CJA Coordinator, ecf_nvchu@fd.org) (Entered: 02/20/2026)
Main Document: Petition Writ of Habeas Corpus
#5
Feb 24, 2026
NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondent Pam Bondi. (Tomova, Virginia) (Entered: 02/24/2026)
Main Document: Notice Appearance of Counsel
#6
Feb 26, 2026
NOTICE of Appearance by attorney Brooke Dobbins on behalf of Petitioner Jose Samuel Nolasco Gaitan. (Dobbins, Brooke) (Entered: 02/26/2026)
Main Document: Notice Appearance of Counsel
#7
Mar 12, 2026
First AMENDED PETITION for Writ of Habeas Corpus by Jose Samuel Nolasco Gaitan. No changes to parties. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6) (Dobbins, Brooke) (Entered: 03/12/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#8
Mar 26, 2026
NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Respondent Pam Bondi. (Botros, Tamer) (Entered: 03/26/2026)
Main Document: Notice Appearance of Counsel
#9
Mar 26, 2026
MOTION to Extend Time (First Request) re 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,,,, 7 Amended Petition for Writ of Habeas Corpus, by Respondent Pam Bondi. Responses are due by 4/9/2026. (Botros, Tamer) (answer) (Entered: 03/26/2026)
Main Document: Motion Extend/Shorten Time
#10
Apr 03, 2026
NOTICE of Respondents Non-Opposition by Jose Samuel Nolasco Gaitan re 7 Amended Petition for Writ of Habeas Corpus,. (Dobbins, Brooke) (Entered: 04/03/2026)
Main Document: Notice Other
#11
Apr 03, 2026
MOTION to Extend Time (Second Request) Retroactively re 10 Notice (Other), 7 Amended Petition for Writ of Habeas Corpus, by Respondent Pam Bondi. Responses are due by 4/17/2026. (Botros, Tamer) (answer) (Entered: 04/03/2026)
Main Document: Motion Extend/Shorten Time
#12
Apr 06, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Andrew P. Gordon on 4/6/2026. The respondents have filed two motions for extension of time to respond to the First Amended Petition ( 9, 11 ). The petitioner's counsel refused to stipulate to these extensions but filed no opposition to them. The requests for extension are supported by good cause. I therefore order that the motions for extension ( 9, 11 ) are granted. The respondents' response to the Amended Petition is due April 10, 2026. No further extensions will be granted absent extraordinary circumstances.(no image attached) (Copies have been distributed pursuant to the NEF - MAJ) (Entered: 04/06/2026)
Apr 06, 2026
Minute Order AND Order on Motion to Extend/Shorten Time AND Order on Motion to Extend/Shorten Time
#13
Apr 10, 2026
RESPONSE to 7 Amended Petition for Writ of Habeas Corpus, by Respondent Pam Bondi. (Botros, Tamer) (Entered: 04/10/2026)
Main Document: Response
#15
Apr 10, 2026
RESPONSE to 7 Amended Petition for Writ of Habeas Corpus, by Respondent John Mattos. (Hesman, Ashlee) (Entered: 04/10/2026)
Main Document: Response
#16
Apr 17, 2026
REPLY to 7 Amended Petition for Writ of Habeas Corpus, by Petitioner Jose Samuel Nolasco Gaitan. (Dobbins, Brooke) (Entered: 04/17/2026)
Main Document: Reply
#17
May 07, 2026
ORDER - IT IS THEREFORE ORDERED that petitioner Jose Samuel Nolasco Gaitan's petition for habeas corpus (ECF No. 7 ) is GRANTED in part. IT IS FURTHER ORDERED that the respondents must provide Jose Samuel Nolasco Gaitan with a new indivi dualized bond hearing by May 15, 2026. (See Order for details). IT IS FURTHER ORDERED that the respondents are prohibited from removing Jose Samuel Nolasco Gaitan to any third country. (See Order for details). IT IS FURTHER ORDERED that the clerk of court to close this case.Signed by Chief Judge Andrew P. Gordon on 5/7/2026. (Copies have been distributed pursuant to the NEF - GA)
Main Document: Order AND ~Util - Terminate Case

Parties

Bondi
Party
Gaitan
Party