District of Nevada • 2:26-cv-00594

#1

Mar 03, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Matheus Malta De Sa.. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Declaration and Exhibits, # 3 Certificates, # 4 Motion for Appointment of Counsel)(HAM) (Entered: 03/03/2026)

#2

Mar 03, 2026

NOTICE from USDC advising case against Pamela Bondi, et al., et al., has been received and assigned case number 2:26-cv-00594-RFB-MDC. (HAM) (Entered: 03/03/2026)

#3

Mar 03, 2026

ORDER TO SHOW CAUSE Petitioner Matheus Malta De Sa, an immigration detainee, has filed a pro se petition for a writ of habeas corpus (ECF No. 1 -1), a motion for leave to proceed in forma pauperis (ECF No. 1 ) [hereinafter, "IFP Application"], and a motion for appointment of counsel (ECF No. 1 -4). Through them, he challenges the lawfulness of his ongoing detention at Nevada Southern Detention Center in the custody of Federal Respondents. Initially, the Court finds that good cause exists to grant Petitioner's IFP Application. As such, IT IS HEREBY ORDERED the IFP Application (ECF No. 1 ) is GRANTED. Additionally, the Court finds that the appointment of counsel is in the interest of justice, as this case necessarily implicates a complex1 web of detention authority developed specifically for noncitizens. See Torres v. Barr, 976 F.3d 918, 924 (9th Cir. 2020) (describing the Immigration and Nationality Act as: a "morass;" a "Gordian knot;" and "King Minos's labyrinth in ancient Crete.") (citations omitted). Accordingly, IT IS FURTHER ORDERED Petitioner's motion for appointment of counsel (ECF No. 1 -4) is GRANTED. The Federal Public Defender for the District of Nevada ("FPD") is HEREBY APPOINTED to represent Petitioner Matheus Malta De Sa and is directed to file a notice of appearance by March 5, 2026. IT IS FURTHER ORDERED Petitioner, with the assistance of counsel, must file an amended petition for a writ of habeas corpus by March 13, 2026. Alternatively, the FPD may notify the Court that it is unable to represent Petitioner. If the FPD is unable to represent Petitioner based on a conflict of interest, or for any other reason, alternate counsel will be appointed. Appointed counsel will represent Petitioner in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless appointed counsel is allowed to withdraw. IT IS FURTHER ORDERED that the Clerk of the Court will send a copy of this Order to the FPD and the CJA coordinator for this division. In order to preserve this Court's jurisdiction over the pending § 2241 Petition, IT IS FURTHER ORDERED that Respondents shall not transfer Petitioner to a detention center outside of this judicial district, pending further order of the Court. This Court has "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction." See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions"); F.T.C. v. Dean Foods Co., 384 U.S. 597, 601 (1966) (emphasizing that federal courts have the power "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"); see also Al Otro Lado v. Wolf, 952 F.3d 999, 1007 n.6 (9th Cir. 2020) ("Having concluded that [agency action] would interfere with the court's jurisdiction..., the district court properly issued an injunction under the All Writs Act.") (citing 28 U.S.C. § 1651(a)). The Court finds Petitioner's removal from the United States District of Nevada, or more broadly, the United States, could interfere with the Court's jurisdiction over his claims and with the Court's ability to expeditiously resolve the Petition. The Court thus finds this Order is warranted to maintain the status quo pending this Court's review of the Petition. Furthermore, IT IS HEREBY ORDERED the initial screening of the Petition for Writ of Habeas Corpus (ECF No. 1 -1) is DEFERRED until an amended petition is filed. Signed by Judge Richard F. Boulware, II on 3/3/2026. (Copies have been distributed pursuant to the NEF. CC: CJA. - RJDG) (Entered: 03/03/2026)

Mar 03, 2026

Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (HAM)

Mar 03, 2026

Assign Judges in Civil Case

#4

Mar 05, 2026

Notice Appearance of Counsel

#5

Mar 13, 2026

Stipulation

#6

Mar 13, 2026

Order AND Order on Stipulation

#7

Mar 17, 2026

Notice Appearance of Counsel