District of Nevada • 2:26-cv-00791

#1

Mar 17, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8415894) by Daniel Magana Vidales. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons) (Esparza, Sylvia) (Entered: 03/17/2026)

#2

Mar 17, 2026

Emergency MOTION for Temporary Restraining Order re 1 Petition for Writ of Habeas Corpus by Petitioner Daniel Magana Vidales. Responses are due by 3/31/2026. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Esparza, Sylvia) (Entered: 03/17/2026)

#3

Mar 17, 2026

SUMMONS ISSUED as to Pamela Bondi, Jason Knight, John Mattos, Kristi NOEM, U.S. Attorney and U.S. Attorney General re 1 Petition for Writ of Habeas Corpus. (HAM) (Entered: 03/17/2026)

#4

Mar 17, 2026

CERTIFICATE OF SERVICE for 2 Motion for TRO, by Petitioner Daniel Magana Vidales. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Esparza, Sylvia) (Entered: 03/17/2026)

#5

Mar 17, 2026

AFFIDAVIT of Sylvia L. Esparza re 2 Motion for TRO, by Petitioner Daniel Magana Vidales. (Esparza, Sylvia) (Entered: 03/17/2026)

#6

Mar 17, 2026

TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-00791-CDS-EJY 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. All further documents must bear the correct case number 2:26-cv-00791-RFB-EJY. Signed by Judge Cristina D. Silva and Judge Richard F. Boulware on 3/17/2026. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 03/17/2026)

#7

Mar 17, 2026

ORDER TO SHOW CAUSE. Therefore, Respondents are ORDERED TO SHOW CAUSE why the Writ should not be granted. See 28 U.S.C. § 2243. Respondents shall file, in writing, a (i) notice of appearance and (ii) "a return certifying the true cause of detention" on or before March 23, 2026. See id. Petitioner may file a traverse on or before March 26, 2026. IT IS FURTHER ORDERED that the Clerk of Court is kindly instructed to: 1. ADD the United States Attorney for the District of Nev ada to the docket as an Interested Party. Pursuant to the District of Nevada's General Order 2026-03 (Feb 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 28 U.S.C. § 2243. 2. ADD Counsel for Respondent John Mattos at ahesman@strucklove.com to the docket. Then, SEND them a copy of the Petition (ECF No. 1 ), Motion (ECF No. 2 ), attachments (ECF Nos. 1 -1, 1 -2, 1 -3, 1 -4, 1 -5, 1 -6, 2 -1, 2 -2, 2 -3, [ 2]-4, 2 -5, 2 -6, 2 -7, 2 -8), and this Order through CM/ECF. 3. MAIL a copy of the Petition (ECF No. 1 ), Motion (ECF No. 2 ), attachments (ECF Nos. 1 -1, 1 -2, 1 -3, 1 -4, 1 -5, 1 -6, 2 -1, 2 -2, 2 -3, 2 -4, 2 -5, 2 -6, 2 -7, 2 -8), and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to Respondent John Mattos at Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump, NV 89060. Signed by Judge Richard F. Boulware, II on 3/17/2026. (Copies have been distributed pursuant to the NEF - cc: J.M. - ALZ)

Mar 17, 2026

Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. ***Emergency motion previously filed in case.*** Nature of Suit: 463 - Habeas Immigration (HAM)

Mar 17, 2026

Assign Judges in Civil Case

#8

Mar 23, 2026

Response

#9

Mar 23, 2026

Notice Appearance of Counsel

#10

Mar 23, 2026

Motion Extend/Shorten Time

#11

Mar 24, 2026

Response

#13

Mar 24, 2026

Response

Mar 24, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

#14

Mar 26, 2026

Reply

#15

Apr 01, 2026

ORDER GRANTING WRIT OF HABEAS CORPUS Based on the foregoing IT IS HEREBY ORDERED the Petition for Writ of Habeas Corpus (ECF No. 1 ) is GRANTED. IT IS FURTHER ORDERED the Motion for Preliminary Injunction (ECF No. 2 ) is DENIED as moot. IT IS FURTHER ORDERED that Respondents must provide Petitioner with a constitutionally adequate bond hearing pursuant to 8 U.S.C. § 1226(a), where the government bears the burden of establishing dangerousness or flight risk by clear and convincin g evidence, and consistent with the other requirements described above, no later than April 3, 2026. IT IS FURTHER ORDERED that if bond is granted, Respondents are ORDERED to IMMEDIATELY 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 ORDERED that Petitioner be afforded until May 3, 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 that the regulatory automatic stay is facially unconstitutional and adop ts that finding here. See generally 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 April 3, 2026, Respondents must IMMEDIATELY RELEASE Petitioner from custody on his own recognizance. This means Respondents are PROHIBITED from imposing release conditions that substantially interfere with Petitioner's liberty, such as electronic monitoring, without having established the reasonableness o f those restrictions, by clear and convincing evidence, at a pre-deprivation hearing IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINED from detaining Petitioner during the pendency of his current removal proceedings unless and unti l 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. § 1225(b)(2 )(A). IT IS FURTHER ORDERED that the Parties shall file a joint status report by April 7, 2026. The status report shall detail whether the bond hearing occurred, whether bond was granted or denied, and, if denied, the reasons for that denial. If bond was granted or the bond hearing has not occurred, the status report shall confirm the date and time of Petitioner's release from detention in compliance with this Order. IT IS FURTHER ORDERED that if bond is denied, Federal Respondents must (1) ATTACH the order of the immigration court to the joint status report AND (2) PROVIDE the contemporaneous record of the bond hearing to Petitioner's counsel IMMEDIATELY upon request. Finally, pursuant to Federal Rule of Civil Procedure 25(d), IT IS FURTHER ORDERED that the current Secretary of Homeland Security-Markwayne Mullin- is SUBSTITUTED for Respondent Kristi Noem. The Clerk of Court is kindly instructed to update the docket accordingly. The Clerk of Court is further instr ucted 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 separate case. The Court also retains jurisdi ction 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 4/1/2026. Markwayne Mullin added. Kristi NOEM terminated. (Copies have been distributed pursuant to the NEF - RJDG)

#16

Apr 01, 2026

Judgment

#17

Apr 07, 2026

Status Report

#18

Jun 30, 2026

Motion Attorney Fees

#19

Jul 14, 2026

Response

#20

Jul 21, 2026

Reply