Active
Case Information
Filed: March 04, 2026
Assigned to:
Anne R. Traum
Referred to:
Maximiliano D. Couvillier III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
July 30, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 04, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner David Martines.. (Attachments: # 1 Petition for Writ of Habeas Corpus, # 2 Motion for Appointment of Counsel)(HAM) (Entered: 03/04/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#2
Mar 04, 2026
NOTICE from USDC advising case against Pamela Bondi, et al., et al., has been received and assigned case number 2:26-cv-00606-ART-MDC. (HAM) (Entered: 03/04/2026)
Main Document:
Advisory Letter Habeas only - FORM
Mar 04, 2026
Assign Judges in Civil Case
Mar 04, 2026
Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (HAM)
#3
Mar 13, 2026
ORDER DEFERRING PETITION, APPOINTING COUNSEL, AND ADDING THE U.S. ATTORNEY'S OFFICE AS AN INTERESTED PARTY. IT IS ORDERED that the Clerk of Court must file the 1 -1 petition. IT IS FURTHER ORDERED that the 1 -1 petition is deferred. I T IS FURTHER ORDERED that the Clerk of the Court add the United States Attorneys' Office for the District of Nevada (USAO) to the docket as an Interested Party. Pursuant to District of Nevada's General Order 2026-03 (Feb. 13, 2026), this co nstitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. IT IS FURTHER ORDERED that the USAO is not required to file a response to the 1 -1 petition at this time. IT IS FURTHER ORDERED tha t the Clerk of Court must 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. IT IS FURTHER ORDERED that the Federal Public Defender for t he 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 the app ointed counsel has 14 days to file either (1) an amended petition, or (2) a motion to dismiss the petition. 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 7 days of service of the counseled Amended Petition, unless additional time is allowed for good cause shown. IT IS FURTHER ORDERED that in order to maintain jur isdiction and provide a prompt resolution, the Respondents shall not transfer Petitioner out of this District unless the Court grants a motion or stipulation to modify this order. IT IS FURTHER ORDERED that the clerk's office must serve a co py of this order upon the U.S. Attorney's Office for the District of Nevada. See order for further details. Signed by District Judge Anne R. Traum on 3/13/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner, Mattos, CJA Coordinator)
#4
Mar 13, 2026
PETITION for Writ of Habeas Corpus by David Martines. Deferred per 3 Order. (AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 03/16/2026)
Main Document:
Petition Writ of Habeas Corpus
#5
Mar 16, 2026
NOTICE of Appearance by attorney Virginia Tomova on behalf of Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem. (Tomova, Virginia) (Entered: 03/16/2026)
Main Document:
Notice Appearance of Counsel
#6
Mar 20, 2026
NOTICE of Appearance by attorney Laura Angeline Barrera on behalf of Petitioner David Martines. (Barrera, Laura) (Entered: 03/20/2026)
Main Document:
Notice Appearance of Counsel
#7
Mar 23, 2026
NOTICE of Appearance by attorney Heather Fraley on behalf of Petitioner David Martines. (Fraley, Heather) (Entered: 03/23/2026)
Main Document:
Notice Appearance of Counsel
#8
Mar 23, 2026
NOTICE of Appearance by attorney Martin Mayer on behalf of Respondents Michael Bernacke, Pamela Bondi, Todd Lyons, Kristi Noem. (Mayer, Martin) (Entered: 03/23/2026)
Main Document:
Notice Appearance of Counsel
#9
Apr 02, 2026
First AMENDED PETITION for Writ of Habeas Corpus by David Martines. Adds and removes parties. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Fraley, Heather) (Entered: 04/02/2026)
Main Document:
Petition Writ of Habeas Corpus Amended
#10
Apr 09, 2026
RESPONSE to 9 Amended Petition for Writ of Habeas Corpus by Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Attachments: # 1 Exhibit A)(Mayer, Martin) (Entered: 04/09/2026)
Main Document:
Response
#11
Apr 09, 2026
MOTION to Dismiss 9 Amended Petition for Writ of Habeas Corpus by Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullins, Kerri Ann Quihuis. Responses are due by 4/23/2026. (Mayer, Martin) (Entered: 04/09/2026)
Main Document:
Motion Dismiss
#12
Apr 09, 2026
RESPONSE to 9 Amended Petition for Writ of Habeas Corpus by Respondent John Mattos. (Hesman, Ashlee) (Entered: 04/09/2026)
Main Document:
Response
#13
Apr 16, 2026
REPLY to 10 Response by Petitioner David Martines. (Attachments: # 1 Exhibit 1)(Fraley, Heather) (Entered: 04/16/2026)
Main Document:
Reply
#14
Apr 22, 2026
RESPONSE to 11 Motion to Dismiss by Petitioner David Martines. Replies are due by 4/29/2026. (Fraley, Heather) (Entered: 04/22/2026)
Main Document:
Response
#15
Apr 29, 2026
REPLY to Response to 11 Motion to Dismiss by Respondents Michael Bernacke, Todd Blanche, Todd Lyons, Markwayne Mullin, Kerri Ann Quihuis. (Mayer, Martin) (Entered: 04/29/2026)
Main Document:
Reply
#16
May 06, 2026
MINUTE ORDER IN CHAMBERS of the Honorable District Judge Anne R. Traum on 5/6/2026. Oral argument on the First Amended Petition (ECF No. 9 ) and Motion to Dismiss (ECF No. 11 ) is hereby scheduled for Thursday, May 14, 2026, at 1:00 p.m. before U.S. District Judge Anne R. Traum in a Las Vegas courtroom to be determined. It is further ordered that in order to maintain jurisdiction and provide a prompt resolution, Respondents shall not transfer Petitioner out of this District or remove him unless the Court grants a motion or stipulation modifying this order. (no image attached) (Copies have been distributed pursuant to the NEF - MRB) (Entered: 05/06/2026)
May 06, 2026
Minute Order
#17
May 10, 2026
NOTICE OF LAS VEGAS COURTROOM ASSIGNMENT RE: Oral Argument. Oral argument on the First Amended Petition (ECF No. 9 ) and Motion to Dismiss (ECF No. 11 ) scheduled for Thursday, May 14, 2026, at 1:00 p.m. before U.S. District Judge Anne R. Traum will be held in Las Vegas Courtroom 6A. (no image attached) (KLS) (Entered: 05/10/2026)
May 10, 2026
Notice Setting Hearing
#18
May 12, 2026
MINUTE ORDER IN CHAMBERS of the Honorable District Judge Anne R. Traum on 5/12/2026. Petitioner's reply in support of his First Amended Petition indicates that charges for a December 28, 2025, theft offense have been dismissed. (ECF No. 13 .) The Court orders Petitioner to submit evidence of that dismissal, by Wednesday, May 13, 2026. (no image attached) (Copies have been distributed pursuant to the NEF - MRB) (Entered: 05/12/2026)
May 12, 2026
Minute Order
#19
May 13, 2026
MOTION for Leave to Appear Telephonically, Attorney Ashlee B. Hesman, re 17 Notice Setting Hearing, by Respondent John Mattos. Responses are due by 5/27/2026. (Hesman, Ashlee) (presiding) (Entered: 05/13/2026)
Main Document:
Motion Leave to Appear Telephonically
#20
May 13, 2026
RESPONSE to 18 Minute Order, by Petitioner David Martines. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Fraley, Heather) (Entered: 05/13/2026)
Main Document:
Response
#21
May 14, 2026
NOTICE of Supplemental Authority by David Martines. (Fraley, Heather) (Entered: 05/14/2026)
Main Document:
Notice Other
#22
May 14, 2026
MINUTES OF PROCEEDINGS - Motion Hearing held on 5/14/2026 before District Judge Anne R. Traum. Crtrm Administrator: C. Torres; Pla Counsel: Heather Fraley, AFPD; Def Counsel: Martin Mayer (obo Federal Defendants) and Ashlee Hesman (appearing by video obo Warden John Mattos); Court Reporter: Gayle Wear, via Zoom; Time of Hearing: 1:00 p.m. - 1:36 p.m.; Courtroom: 6A; The Court hears argument on the First Amended Petition (ECF No. 9 ) and Motion to Dismiss (ECF No. 11 ).After hearing from counsel, Petitioner's request for a bond hearing is granted and the Court orders that a bond hearing happen within ten days and a status report due thereafter. The Court will issue a written order and include a timeline for compliance of its order. (no image attached) (Copies have been distributed pursuant to the NEF - CT) (Entered: 05/14/2026)
May 14, 2026
Motion Hearing
#23
May 15, 2026
ORDER ON AMENDED PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 9 ) IT IS THEREFORE ORDERED that Mr. Flores Martines's writ of habeas corpus (ECF No. 9 ) is GRANTED with respect to his request for a bond hearing. IT IS FURTHER ORDERED that Respondents shall provide Mr. Flores Martines with an individualized bond hearing before an immigration judge, pursuant to 8 U.S.C. § 1226(a), by Tuesday, May 26, 2026, wherein the Government must establish by clear and convincing evidence that Mr. Flores Martines is a flight risk or danger to the public. If a bond hearing is not provided by May 26, 2026, Mr. Flores Martines is to be released from custody, and upon release, should Respondent seek to re-detain Mr. Flores Martines, it must pr ovide no less than seven (7) days' notice to him and must hold a pre-deprivation bond hearing before a neutral arbiter wherein the Government must establish by clear and convincing evidence that Mr. Flores Martines is a flight risk or danger to the public and at which his eligibility for bond must be considered. IT IS FURTHER ORDERED that Respondents must file a Notice of Compliance within ten (10) days of providing Mr. Flores Martines with a bond determination hearing. IT IS FURTHER ORDERED that Respondents' motion to dismiss (ECF No. 11 ) is DENIED. IT IS FURTHER ORDERED that Respondent John Mattos's motion for leave to appear telephonically (ECF No. 19 ) is GRANTED nunc pro tunc. Signed by District Judge Anne R. Traum on 5/15/2026. (Copies have been distributed pursuant to the NEF - RJDG)
#24
Jun 01, 2026
Notice Other
Main Document:
Notice Other
#26
Jul 30, 2026
Judgment AND ~Util - Terminate Case
Jul 30, 2026
Minute Order
Parties
Bondi
Party
Martines
Party