District of Nevada • 2:26-cv-01090

Mosso Garay v. DHS

Active

Case Information

Filed: April 08, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Nancy J. Koppe
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 22, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 08, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Antonio Mosso Garay.. (Attachments: # 1 Petition for Writ Of Habeas Corpus, # 2 Ex Parte Motion for Appointment of Counsel)(JQC) (Entered: 04/08/2026)
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#2
Apr 08, 2026
NOTICE from USDC advising case against DHS, et al., has been received and assigned case number 2:26-cv-01090-RFB-NJK. (JQC) (Entered: 04/08/2026)
Main Document: Advisory Letter Habeas only - FORM
Apr 08, 2026
Assign Judges in Civil Case
Apr 08, 2026
Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (JQC)
#3
Apr 10, 2026
Order AND Order on Motion/Application to Proceed In Forma Pauperis
Main Document: Order AND Order on Motion/Application to Proceed In Forma Pauperis
#4
Apr 14, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#5
Apr 23, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#6
Apr 24, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/24/2026.Before the Court is Petitioner's Unopposed Motion to Extend Time (ECF No. 5 ). Through it, Petitioner's Counsel seeks additional time to file an amended petition for a writ of habeas corpus because she needs to obtain additional documents and perform further research for this case. See Mot. to Extend 2, ECF No. 5 . Respondents do not oppose her request. See id. On this record, the Court finds good cause for an extension.Therefore, IT IS HEREBY ORDERED Petitioner's Motion to Extend Time (ECF No. 5 ) is GRANTED. Petitioner now has up to, and including, May 7, 2026, to file an amended petition for a writ of habeas corpus.(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 04/24/2026)
Apr 24, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#7
May 07, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
#8
May 07, 2026
Notice Other
Main Document: Notice Other
#9
May 08, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 5/8/2026.Before the Court is Petitioner's Amended Petition for Writ of Habeas Corpus (ECF No. 7 ), which was filed pursuant to this Court's preliminary screening order. See Order Appointing Counsel 2, ECF No. 3 . Based on the Court's preliminary review of the Amended Petition, the Court finds that Petitioner may be entitled to relief pursuant to: (i.) Jacobo Ramirez v. Mullin, No. 2:25-cv-02136-RFB-MDC, 2026 WL 879799 (D. Nev. Mar. 30, 2026), and/or (ii.) the Due Process Clause of the Fifth Amendment. See generally First Amended Pet., ECF No. 7 .Therefore, Respondents are HEREBY ORDERED to SHOW CAUSE for Petitioner's detention. See 28 U.S.C. § 2243. Specifically, Respondents must file a notice of appearance and a "return certifying the true cause of [ ] detention" by May 13, 2026. See 28 U.S.C. § 2243. For the sake of judicial economy, IT IS FURTHER ORDERED Respondents must INDICATE whether they dispute class membership through their return. 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 Respondents, and resolved by the Courts partial summary judgment, which has not been stayed or vacated. Respondents may therefore preserve their appellate rights regarding § 1225(b)(2)(A) by reference to their previous briefing. If Respondents contend there are other legal bases for Petitioner's ongoing detention, or other reasons why the relief requested in the Petition should not be granted, Respondents must so indicate in their Return. IT IS FURTHER ORDERED Petitioner has up to, and including, May 18, 2026, to reply.Finally, IT IS FURTHER ORDERED that this Court's prior orders regarding briefing, document production, scheduling, filing, extensions, and transfer remain in full effect. See generally Order Appointing Counsel, ECF No. 3 .(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 05/08/2026)
May 08, 2026
Minute Order
#10
May 13, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#11
May 13, 2026
Response
Main Document: Response
#12
May 13, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#13
May 13, 2026
Response
Main Document: Response
#14
May 18, 2026
Reply
Main Document: Reply
#15
May 21, 2026
Order AND ~Util - Terminate Case
Main Document: Order AND ~Util - Terminate Case
#16
May 21, 2026
Judgment
Main Document: Judgment
#17
May 22, 2026
Declaration
Main Document: Declaration

Parties

DHS
Party
Mosso Garay
Party