District of Nevada • 2:25-cv-02117

Garcia-Arauz v. Noem

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Case Information

Filed: October 29, 2025
Assigned to: Richard Franklin Boulware II
Referred to: Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:1651 Petition for Writ of Habeas Corpus
Active
Last Activity: April 10, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 29, 2025
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ANVDC-8232881) by Justin Garcia-Arauz. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons summons, kristi noem, # 3 Summons summons, Pam Bondi, # 4 Summons summons. todd lyons, # 5 Summons summons, bryan wilcox, # 6 Summons summons, john mattos, # 7 Summons summons, sigal chattah) (Mondejar, Jeremy) (Entered: 10/29/2025)
Main Document: Petition Writ of Habeas Corpus
#2
Oct 29, 2025
MOTION for Preliminary Injunction by Plaintiff Justin Garcia-Arauz. Responses due by 11/12/2025. (Mondejar, Jeremy) (Entered: 10/29/2025)
Main Document: Motion Preliminary Injunction
#3
Oct 29, 2025
MOTION to Consolidate Cases by Plaintiff Justin Garcia-Arauz. Responses due by 11/12/2025. (Mondejar, Jeremy) (Entered: 10/29/2025)
Main Document: Motion Consolidate Cases
Oct 29, 2025
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. ***Emergency motion previously filed in case.*** (ALZ)
Oct 30, 2025
Assign Judges in Civil Case
#4
Nov 03, 2025
Order AND ~Util - Set/Reset Deadlines & Hearings (non motion deadlines)
Main Document: Order AND ~Util - Set/Reset Deadlines & Hearings (non motion deadlines)
#5
Nov 04, 2025
ORDER TRANSFERRING CASE For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of Court is kindly directed to transfer Case No. 2:25-cv-02117-CDS-EJY to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that the Clerk of Court is in structed to administratively RELATE this matter to Case Nos. 2:25-cv-01542-RFB-EJY, 2:25-cv-01553-RFB-BNW, and 2:25-cv-02136-RFB-MDC. Signed by Judge Richard F. Boulware, II and Judge Cristina D. Silva on 11/3/2025. (Copies have been distributed pursuant to the NEF - RJDG)
Main Document: Order
#6
Nov 04, 2025
CLERK'S NOTICE that this case is reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:25-cv-02117-RFB-EJY. (no image attached) (RJDG) (Entered: 11/04/2025)
Nov 04, 2025
Clerks Notice Reassign Judge
#7
Nov 05, 2025
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 11/5/2025.Before the Court is counseled Petitioner Justin Garcia-Arauz's 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, 2 Motion for Preliminary Injunction, and 3 Motion to Consolidate Cases, challenging his continued detention at Nevada Southern Detention Center. The Court has reviewed the filings and finds that there are numerous errors and inconsistencies, and a lack of necessary facts, in the Petition and Motion. Therefore, IT IS HEREBY ORDERED that Petitioner's counsel amend 1 Petition for Writ of Habeas Corpus and 2 Motion for Preliminary Injunction to include the following information no later than 5:00 p.m. on November 7, 2025: 1. The specific individual relief requested on behalf of Petitioner Garcia-Arauz; 2. Clarification as to any relief requested on behalf of a "Mr. Martinez" as referenced on page 2 of the 1 Petition; 3. Clarification as to any relief requested on behalf of any other individuals beyond named Petitioner Garcia-Arauz; 4. The date, location, and circumstances of Petitioner Garcia-Arauz's initial arrest and detention; 5. The charges by ICE/DHS upon which removal proceedings are based; 6. The approximate date that Petitioner entered the United States; 7. The period that Petitioner has resided within the United States; 8. The arguments made by the parties at the bond hearing on September 3, 2025; 9. The written record of the IJ's decision denying bond; 10. The legal and factual basis for Petitioner's request for an injunction "barring the BIA from taking more than 30 days to adjudicate a bond appeal." IT IS FURTHER ORDERED that Petitioner's counsel comply with the requirements of this Court's local rules, including, but not limited to, LR IA 10-1 (Form of Papers Generally), and specifically LR IA 10-1(b), which requires electronically filed documents to be filed in a searchable Portable Document Format (PDF), and LR 7-4 (Emergency Motions), which sets forth the requirements for filing emergency motions. Amended Petition and Amended Motion due by 11/7/2025. (Copies have been distributed pursuant to the NEF) (Entered: 11/05/2025)
#8
Nov 05, 2025
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#9
Nov 05, 2025
USM Return
Main Document: USM Return
Nov 05, 2025
Minute Order
#10
Nov 07, 2025
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#11
Nov 07, 2025
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#12
Nov 07, 2025
Motion Amend/Correct
Main Document: Motion Amend/Correct
#13
Nov 07, 2025
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#14
Nov 12, 2025
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 11/12/2025.Pending before the Court is Respondents' 13 Motion to Extend Time to respond to Petitioner's 12 Amended Motion for Preliminary Injunction (PI). Good cause appearing, IT IS HEREBY ORDERED that the extension is GRANTED. Respondents have until 11/14/2025 to file a response to the 12 Amended Motion for PI. Petitioner has until 11/18/2025 to file a reply.IT IS FURTHER ORDERED that the 2 Motion for PI is DENIED without prejudice as moot, based on Petitioner's filing of the 12 Amended Motion for PI. (Copies have been distributed pursuant to the NEF - IML) (Entered: 11/12/2025)
Nov 12, 2025
Minute Order AND Order on Motion to Extend/Shorten Time
#15
Nov 14, 2025
Response
Main Document: Response
#16
Nov 14, 2025
Response
Main Document: Response
#17
Nov 14, 2025
Response
Main Document: Response
#18
Nov 18, 2025
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#19
Nov 19, 2025
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 11/19/2025.Pending before the Court is Petitioner's 18 Motion to Extend Time to file his reply in support of his 12 and 3 Motions. Good cause appearing, IT IS HEREBY ORDERED that the extension is granted. Petitioner's replies are due by 11/21/2025.IT IS FURTHER ORDERED that the parties must meet and confer regarding any future requests for an extension of deadlines, and if possible, stipulate to the extension. Any motion for an extension must certify efforts to meet and confer and indicate the opposing party's position on the extension. (Copies have been distributed pursuant to the NEF - IML) (Entered: 11/19/2025)
Nov 19, 2025
Minute Order AND Order on Motion to Extend/Shorten Time
#20
Nov 21, 2025
Reply
Main Document: Reply
#21
Nov 21, 2025
Reply
Main Document: Reply
#22
Nov 24, 2025
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 11/24/2025. The Court finds Petitioner's allegations in the Amended Motion establish a prima facie case for relief similar to that provided to petitioners in Herrera v. Knight, No. 2:25-CV-01366-RFB-DJA, 2025 WL 2581792 (D. Nev. Sept. 5, 2025) and Petitioner Escobar-Salgado in Escobar Salgado v. Mattos, 2:25-CV-01872-RFB-EJY, 2025 WL 3205356 (D Nev. Nov. 17, 2025). The Court further finds that ordering the parties to produce documents in their possession that reflect the basis of Petitioner's detention is necessary for the Court to "dispose of the matter as law and justice require." See Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that "a district court, confronted by a petition for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of suitable discovery procedures... reasonably fashioned to elicit facts necessary to help the court to 'dispose of the matter as law and justice require.'") (citing 28 U.S.C. § 2243). Therefore, IT IS HEREBY ORDERED that the parties must supplement the record with any documents in their possession relevant to Petitioner's arrest, detention, and removal proceedings, including, but not limited to, an arrest warrant, Notice to Appear, Form-286, Form I-213, bond decision by an IJ, Form EOIR-43, Notice of Appeal, and Certification pursuant to an automatic stay under 8 C.F.R. §§ 1003.19(i)(2), 1003.6(c). If these documents are not in their possession, they must indicate so in response to this Order. IT IS HEREBY ORDERED that the parties file their supplement in response to this Order on or before 11/25/2025.(Copies have been distributed pursuant to the NEF - CMB) (Entered: 11/24/2025)
Nov 24, 2025
Minute Order
#23
Nov 25, 2025
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 11/25/2025.IT IS HEREBY ORDERED that a Motion Hearing is set on the 11 Amended Petition for Writ of Habeas Corpus, 3 Motion to Consolidate Cases, and 12 Amended Motion for Preliminary Injunction for 12/5/2025 at 10:15 AM in LV Courtroom 7C before Judge Richard F. Boulware II. (no image attached) (Copies have been distributed pursuant to the NEF - IML) (Entered: 11/25/2025)
#24
Nov 25, 2025
Response
Main Document: Response
Nov 25, 2025
Minute Order
#25
Dec 03, 2025
Order AND Order on Motion to Amend/Correct
Main Document: Order AND Order on Motion to Amend/Correct
#26
Dec 04, 2025
Status Report
Main Document: Status Report
#27
Dec 05, 2025
MINUTES OF PROCEEDINGS - Motion Hearing held on 12/5/2025 before Judge Richard F. Boulware, II. Crtrm Administrator: C. Torres; Pla Counsel: Jeremy Mondejar, Esq.; Def Counsel: Christian Ruiz, Esq.; Court Reporter: Patricia Ganci; Time of Hearing: 10:18 a.m. - 10:50 a.m.; Courtroom: 7C; The Court makes preliminary remarks and hears from parties as to the timing of Petitioner's release in compliance with the Court's 25 Order, and the 3 Motion to Consolidate.For the reasons set forth on the record, IT IS HEREBY ORDERED that the 3 Motion to Consolidate is DENIED without prejudice.IT IS FURTHER ORDERED that on or before December 12, 2025, the parties shall file a joint proposed scheduling order for full briefing on the merits of the 11 Amended Petition for Writ of Habeas Corpus.(no image attached) (Copies have been distributed pursuant to the NEF - CT) (Entered: 12/05/2025)
Dec 05, 2025
Motion Hearing AND Order on Motion to Consolidate Cases
#28
Dec 19, 2025
Stipulation
Main Document: Stipulation
#29
Dec 19, 2025
Stipulation
Main Document: Stipulation
#30
Mar 25, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 3/25/2026.Before the Court is the Parties' Stipulated Briefing Schedule (ECF Nos. 28, 29 ). Since the Parties' proposed dates have passed, and neither party has taken any action to enforce the proposed schedule, the Stipulation is DENIED as moot. Pursuant to its inherent authority to manage its own docket, see Cahill v. Insider Inc., 131 F.4th 933, 938 (9th Cir. 2025) (citations omitted), the Court sets the following deadlines. Respondents have up to, and including, April 10, 2026, to oppose Petitioner's amended application for a writ of habeas corpus. Petitioner has up to, and including, April 17, 2026, to reply. The Court's order will follow.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 03/25/2026)
Mar 25, 2026
Minute Order AND Order on Motion for Preliminary Injunction AND Order on Stipulation AND Order on Stipulation AND ~Util - Terminate Motions
#31
Apr 10, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#32
Apr 10, 2026
Response
Main Document: Response