District of Nevada • 2:26-cv-00926

#1

Mar 27, 2026

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Hernan Julian Garcia Diaz.. (Attachments: # 1 Petition for Writ Of Habeas Corpus)(JQC) (Entered: 03/27/2026)

#2

Mar 27, 2026

NOTICE from USDC advising case against Pamela Bondi, et al., has been received and assigned case number 2:26-cv-00926-JAD-BNW. (JQC) (Entered: 03/27/2026)

#3

Mar 27, 2026

TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-00926-JAD-BNW to Judge Richard F. Boulware, II. All further documents must bear the correct case number 2:26-cv-00926-RFB-BNW. 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 Jennifer A. Dorsey and Judge Richard F. Boulware, II on 3/27/2026. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 03/27/2026)

#4

Mar 27, 2026

ORDER APPOINTING COUNSEL. IT IS HEREBY ORDERED that the IFP Application (ECF No. 1 ) is GRANTED. Additionally, the Court finds that appointment of counsel is in the interest of justice, as this case necessarily implicates a complex web of detention authority developed specifically for noncitizens. Accordingly, the Federal Public Defender for the District of Nevada ("FPD") is HEREBY APPOINTED to represent Petitioner and is directed to file a notice of appearance by March 31, 2026. IT IS FURTHER ORDERED Petitioner, with the assistance of counsel, must file an amended petition for a writ of habeas corpus by April 8, 2026. IT IS HEREBY ORDERED that on or before April 1, 2026, Federal Respondents must PRODUCE the listed documents to Petitioner's Counsel. Alternatively, Federal Respondents must CERTIFY that any of the listed documents are not in their custody or control. IT IS FURTHER ORDERED that Respondents shall not remove Petitioner from this judicial district, absent leave of this Court. See order for details. Signed by Judge Richard F. Boulware, II on 3/27/2026. (Copies have been distributed pursuant to the NEF; CC: A copy of the Petition (ECF No. 1 -1) and this Order distributed as directed - MAM) (Entered: 03/27/2026)

Mar 27, 2026

Assign Judges in Civil Case

Mar 27, 2026

Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (JQC)

#5

Mar 31, 2026

Notice Appearance of Counsel

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Apr 08, 2026

Petition Writ of Habeas Corpus Amended

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Apr 08, 2026

Exhibit

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Apr 09, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/9/2026. The Court is in receipt of Petitioner's 6 First Amended Petition. The Court has reviewed the Petition and preliminarily finds Petitioner can likely demonstrate that he is a member of the certified class ("Class Member") in Jacobo-Ramirez v. Mullin, No. 25-cv-02136-RFB-MDC (D. Nev.) and entitled to relief pursuant to the Court's classwide declaratory judgment and vacatur. See Jacobo Ramirez v. Mullin, No. 2:25-cv-02136-RFB-MDC, 2026 LX 175584 (D. Nev. Mar. 30, 2026).Therefore, Respondents are ORDERED TO SHOW CAUSE why Petitioner is NOT a Class Member AND 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 April 13, 2026. See id. Petitioner may file a traverse on or before April 16, 2026.IT IS FURTHER ORDERED the Parties shall indicate in their briefing whether they request oral argument or an evidentiary hearing on the Petition. The Court is amenable to ruling on the papers if the Parties indicate that they are willing to waive a hearing. Unless Respondents contend Petitioner is not a Class Member, Respondents should not reargue their statutory interpretation under 8 U.S.C. § 1225(b)(2)(A). That statutory issue has been fully litigated by Federal Respondents and finally resolved by the Court in its classwide judgment. (Copies have been distributed pursuant to the NEF - CMB) (Entered: 04/09/2026)

Apr 09, 2026

Minute Order

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Apr 13, 2026

Notice Appearance of Counsel

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Apr 13, 2026

Response

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Apr 13, 2026

Response

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Apr 16, 2026

Traverse

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Apr 20, 2026

Order

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Apr 20, 2026

Judgment

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Apr 22, 2026

Motion Enforce

#16

Apr 23, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/23/2026. The Court has reviewed Petitioner Garcia Diaz's 15 Motion to Enforce. The Court finds Federal Respondents are in violation of this Court's 13 Order Granting Petitioner a Writ of Habeas Corpus.First, they failed to file a joint status report confirming compliance by 4/22/2026 as ordered by the Court. More importantly, they failed to provide Petitioner a constitutionally adequate bond hearing by 4/21/2026 or immediately release him from custody as ordered. See ECF No. 13 at 7. No bond hearing was provided, yet Federal Respondents continue to detain Petitioner illegally, demonstrating indifference not only to this Court's Orders, but also Petitioner's fundamental rights, and "his six-year-old son who believed his father would be getting released and is desperate to reunite with him." See ECF No. 15 at 4.Counsel for Federal Respondents was aware of his client's noncompliance since at least the evening of 4/21/2026. See ECF No. 15 at 3 (After counsel for Petitioner requested confirmation that Petitioner would be released since he had not received a bond hearing by 4:42 p.m., "AUSA Tamer Botros responded at 10:55 p.m. that he was seeking more information from the agency."). Yet to date, he has taken no action to notify the Court of Federal Respondents' violation or demonstrate any efforts to ensure prompt compliance.Therefore, IT IS HEREBY ORDERED that Federal Respondents must IMMEDIATELY RELEASE Petitioner from detention without conditions, and in any event no later than 2 p.m. TOMORROW 4/24/2026.IT IS FURTHER ORDERED that Federal Respondents must inform counsel for Petitioner of the exact time and location Petitioner will be released from detention by no later than 10:00 a.m. TOMORROW 4/24/2026.IT IS FURTHER ORDERED that Federal Respondents must file a Certificate of Compliance by no later than 5:00 p.m. TOMORROW 4/24/2026.The Court will hold Federal Respondents in contempt for failure to comply with this Order.Additionally, the Federal Public Defender is instructed to ensure the Court is immediately notified of the government's failure to release a petitioner from immigration custody in violation of its orders through a motion docketed as seeking emergency relief and through prompt notification to the Courtroom Administrator and Chambers at RFB_Chambers@nvd.uscourts.gov.(no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 04/23/2026)

Apr 23, 2026

Minute Order

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Apr 24, 2026

Status Report

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Apr 24, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/24/2026.Based on the information provided in Federal Respondents' 17 Status Report, IT IS HEREBY ORDERED that the Court's 16 Order is STAYED pending further order of the Court. IT IS FURTHER ORDERED that Federal Respondents must file a response to the 15 Motion to Enforce by 4/27/2026. Petitioner must file a reply by 4/29/2026.Responses are due by 4/27/2026. Replies are due by 4/29/2026. (Copies have been distributed pursuant to the NEF - IML) (Entered: 04/24/2026)

Apr 24, 2026

Minute Order

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Apr 27, 2026

Response

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Apr 29, 2026

Response

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Apr 29, 2026

Reply

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Apr 29, 2026

Notice Manual Filing

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May 08, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 5/8/2026.The Court has reviewed the record and the parties' briefing on the 15 Motion to Enforce and finds that the 18 stay on immediate release is no longer warranted. Therefore, IT IS HEREBY ORDERED that the 18 STAY is LIFTED. Respondents must IMMEDIATELY RELEASE Petitioner, and in any event no later than 10:00 A.M. TOMORROW, 5/9/2026.IT IS FURTHER ORDERED that counsel for Federal Respondents must inform counsel for Petitioner of the time and location Petitioner will be released from detention AT LEAST two hours in advance. Federal Respondents must RETURN Petitioner's personal property upon his release. IT IS FURTHER ORDERED the parties shall file a Joint Status Report by 5/11/2026, confirming Federal Respondents' compliance with this Order.A written order on the 15 Motion to Enforce will follow. The Clerk of Court is kindly instructed to ADD United States Immigration Customs Enforcement as an interested party in this case and SEND a copy of this Order to LVG.dutyattorney@ice.dhs.gov.(Copies have been distributed pursuant to the NEF - IML) (Entered: 05/08/2026)

May 08, 2026

Minute Order

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May 09, 2026

Order AND Order on Motion to Enforce

#26

May 12, 2026

Status Report

May 12, 2026

Minute Order