District of Nevada • 2:26-cv-00587

#1

Mar 04, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Rigoberto Reyes.. (Attachments: # 1 PetitionWHC, # 2 Motion appoint Counsel)(WJ) (Entered: 03/04/2026)

#2

Mar 04, 2026

NOTICE from USDC advising case against Pamela Bondi, et al., has been received and assigned case number 2:26-cv-00587-JAD-MDC. (WJ) (Entered: 03/04/2026)

Mar 04, 2026

Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (WJ)

Mar 04, 2026

Assign Judges in Civil Case

#3

Mar 06, 2026

ORDER APPOINTING COUNSEL, DIRECTING SERVICE, AND SETTING A BRIEFING SCHEDULE. IT IS ORDERED that the 1 motion for leave to proceed IFP is GRANTED. Petitioner is granted leave of court to proceed without paying the filing fee for this action. IT IS FURTHER ORDERED that the 1 -2 motion for appointment of counsel is GRANTED. The Federal Public Defender for the District of Nevada (FPD) is appointed to represent the petitioner and is directed to file a notice of appearance (or indicate its inability to represent the petitioner) within 7 days of the date of this order. IT IS FURTHER ORDERED that if the FPD files a notice of appearance in this matter, it will then have 14 days to file an amended petition (or to indicate that an amend ed petition is unnecessary). IT IS FURTHER ORDERED that the Clerk of the Court is directed to: 1. FILE the 1 -1 petition. 2. SEND a copy of the 1 -1 petition and this order to the FPD at ecf_nvchu@fd.org, the petiti oner, and the CJA Coordinator for this division. 3. ADD the United States Attorneys' Office for the District of Nevada to the docket as an Interested Party. Under the District of Nevada's General Order 2026-03 (Feb. 13, 2026), t his constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 4. MAIL a copy of the 1 -1 petition and this order under Rule 4(i)(2) of the Federal Rules of Civil Procedure to John M attos, 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 John Mattos: Ashlee Hesman at ahesman@strucklove.com. IT IS FURTHER ORDERED that the United States Attorney's Office for the District of Nevada must 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 7 days of service of the petitioner's counseled amended petition. IT IS FURTHER ORDERED that the respondents must not transfer the petitioner out of this district, with the exception of effectuating the petitioner's lawful deportation. Signed by Judge Jennifer A. Dorsey on 3/6/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner, Mattos, CJA Coordinator)

#4

Mar 06, 2026

PETITION for Writ of Habeas Corpus by Rigoberto Reyes. (AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 03/06/2026)

#5

Mar 06, 2026

NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem. (Tomova, Virginia) (Entered: 03/06/2026)

#6

Mar 13, 2026

NOTICE of Appearance by attorney Sylvia A. Irvin on behalf of Petitioner Rigoberto Reyes. (Irvin, Sylvia) (Entered: 03/13/2026)

#7

Mar 16, 2026

NOTICE of Appearance by attorney Nicholas Wolfram on behalf of Petitioner Rigoberto Reyes. (Wolfram, Nicholas) (Entered: 03/16/2026)

#8

Mar 26, 2026

First MOTION to Extend Time (First Request) to File Amended Petition re 3 Order on Motion/Application to Proceed in forma pauperis,,,,,,,,,,,,,,,,,,, by Petitioner Rigoberto Reyes. Responses are due by 4/9/2026. (Wolfram, Nicholas) (amend) (Entered: 03/26/2026)

#9

Mar 27, 2026

EXHIBIT 1 to 8 Motion to Extend/Shorten Time, by Petitioner Rigoberto Reyes. (Wolfram, Nicholas) (Entered: 03/27/2026)

#10

Mar 27, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 3/27/2026. Petitioner Rigoberto Reyes moves for a 14-day extension of time to file his amended habeas petition, explaining that recent developments in his immigration case may have changed the applicable grounds for relief in his petition. 8 He seeks additional time for his counsel to evaluate his claims. With good cause appearing, petitioner's extension motion 8 is GRANTED. The amended petition is now due on April 10, 2026. (Copies have been distributed pursuant to the NEF - MH) (Entered: 03/27/2026)

Mar 27, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

#11

Apr 10, 2026

First AMENDED PETITION for Writ of Habeas Corpus by Rigoberto Reyes. Adds new parties. (Attachments: # 1 Exhibit 1) (Wolfram, Nicholas) (Entered: 04/10/2026)

#12

Apr 15, 2026

NOTICE of Class Membership by Rigoberto Reyes. (Wolfram, Nicholas) (Entered: 04/15/2026)

#13

Apr 16, 2026

STIPULATION FOR EXTENSION OF TIME (First Request) for Federal Respondents to File a Response to the Amended Petition for Writ of Habeas Corpus (ECF No. 11) by Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin.. (Botros, Tamer) (extend) (presiding) (Entered: 04/16/2026)

#14

Apr 17, 2026

ORDER Granting 13 Stipulation for Extension of Time re 11 Amended Petition for Writ of Habeas Corpus. Answer due 4/24/2026. Signed by Judge Jennifer A. Dorsey on 4/17/2026. (Copies have been distributed pursuant to the NEF - ALZ)

#15

Apr 20, 2026

Notice Appearance of Counsel

#16

Apr 24, 2026

Motion Extend/Shorten Time

Apr 30, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

#18

May 01, 2026

Motion Dismiss

#19

May 04, 2026

Response

#20

May 05, 2026

TRANSFER ORDER For the foregoing reasons, IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-00587-JAD-MDC to Judge Richard F. Boulware, II.IT IS FURTHER ORDERED the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. Signed by Judge Richard F. Boulware, II and Judge Jennifer A. Dorsey on 5/5/2026. (Copies have been distributed pursuant to the NEF - RJDG)

May 05, 2026

Clerks Notice Reassign Judge

May 05, 2026

Minute Order

#23

May 08, 2026

Reply

#24

May 13, 2026

Reply

#25

May 20, 2026

ORDER GRANTING WRIT OF HABEAS CORPUS Based on the foregoing, IT IS HEREBY ORDERED the First Amended Petition for Writ of Habeas Corpus (ECF No. 11 ) is GRANTED. IT IS FURTHER ORDERED Federal Respondents' Motion to Dismiss (ECF No. 18 ) i s DISMISSED with prejudice. IT IS FURTHER ORDERED Respondents IMMEDIATELY RELEASE Petitioner from detention on his own recognizance, BUT BY NO LATER than 5:00 p.m. on May 21, 2026. This means Respondents are PROHIBITED from imposing release condi tions that substantially interfere with Petitioner's liberty, such as electronic monitoring, without having established the reasonableness of those restrictions, by clear and convincing evidence, at a pre-deprivation hearing. If ICE/DHS impose s release conditions in violation of this Order, the Court will consider contempt sanctions against the agency officials responsible. IT IS FURTHER ORDERED 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 constitutionally adequate bond hearing, as outlined above, supra Part III. IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINED from detaining Petitioner pursuant to 8 U.S.C. § 1225(b)(2)(A). 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 that the regulatory automatic stay is facially unconstitutional and adopts that finding here. See generally Herrera v. Knight, 798 F. Supp. 3d 1184 (D. Nev. 2025). IT IS FURTHER ORDERED that the Parties shall file a joint status report by May 22, 2026. The status report shall (i.) confirm the date and time of Petitioner's release from detention in compliance with this Order and (ii.) confirm Respondents' compliance with this Court's directives concer ning conditions of release. IT IS FURTHER ORDERED Respondents must INFORM counsel for Petitioner of the anticipated date, time and location of Petitioner's release from detention AS SOON AS PRACTICABLE, and in any event, AT LEAST TWO HOURS I N ADVANCE. At minimum, counsel for Respondents must notify counsel for Petitioner as soon as Petitioner is released from Nevada Southern Detention Center and in transit to the ICE Field Office for processing. IT IS FURTHER ORDERED Respondents mu st return Petitioner's personal property, including any personal identification and employment authorization documents, UPON HIS RELEASE. If ICE/DHS fails to do, the Court will consider contempt sanctions against the agency officials responsib le. The Clerk of Court is kindly 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 case to enforce the judgment without filing a sepa rate case. The Court also retains jurisdiction to consider Petitioner's request for fees and costs pursuant to 28 U.S.C. § 2412. Petitioner may file an application for fees and costs consistent with the deadlines and requirements set forth in 28 U.S.C. § 2412 and this Court's Local Rules of Practice 54-1 and 54-14. Signed by Judge Richard F. Boulware, II on 5/20/2026. (Copies have been distributed pursuant to the NEF - RJDG)

#26

May 20, 2026

Judgment

#27

May 21, 2026

Status Report

#28

May 21, 2026

Status Report

#29

May 26, 2026

Supplement