District of Nevada • 3:26-cv-00260

#1

Apr 10, 2026

PETITION for Writ of Habeas Corpus 28 USC 2241 (Filing fee $ 5), filed by Victor Ivan Garcia-Delgadilla. (DRM) (Entered: 04/10/2026)

#2

Apr 10, 2026

RECEIPT of Payment: $ 5, receipt number 3-1344. CLERK'S NOTE: The filing fee has been PAID IN FULL. Any pending IFPs have been terminated. (DRM) (Entered: 04/10/2026)

#3

Apr 10, 2026

TRANSFER ORDER. IT IS ORDERED that the Clerk of Court is kindly instructed to transfer Case No. 3:26-cv-00260-MMD-CLB to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that 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 3:26-cv-00260-RFB-CLB. Signed by Judge Miranda M. Du and Judge Richard F. Boulware, II on 4/10/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 04/10/2026)

#4

Apr 10, 2026

ORDER APPOINTING COUNSEL. IT IS ORDERED that the Federal Public Defender for the District of Nevada (FPD) is hereby appointed as counsel to represent Petitioner. The FPD is ORDERED to file a notice of appearance by April 15, 2026. IT IS FURTHER ORDERED that Petitioner, with the assistance of counsel, must file an amended petition for a writ of habeas corpus by April 24, 2026. IT IS FURTHER ORDERED that the Clerk of Court will send a copy of this Order to the FPD and the CJA coordinator for this division. IT IS FURTHER ORDERED that Respondents shall not remove Petitioner from this judicial district, absent leave of this Court. IT IS FURTHER ORDERED that the Clerk of Court is kindly instructed to ADD the United States Attorney for the District of Nevada 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. IT IS FURTHER ORDERED that Secretary of Homeland Security Markwayne Mullin is substituted for currently named Respondent Kristi Noem. The Clerk of Court is kindly instructed to update the docket accordingly. See order for further details. Signed by Judge Richard F. Boulware, II on 4/10/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: CJA coordinator) (Entered: 04/10/2026)

Apr 10, 2026

Assign Judges in Civil Case

Apr 10, 2026

Case randomly assigned to Judge Miranda M. Du and Magistrate Judge Carla Baldwin. Nature of Suit: 463 - Habeas Immigration (DRM)

#5

Apr 15, 2026

Notice Appearance of Counsel

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Apr 21, 2026

Notice Appearance of Counsel

#7

Apr 24, 2026

Motion Extend/Shorten Time

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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. 7 ). Through it, Petitioner's Counsel seeks additional time to file an amended petition for a writ of habeas corpus because he needs to meet with his client and has been thus far refused entry at Washoe County Jail. See Mot. to Extend 1-2, ECF No. 7 . It is not indicated that Respondents oppose their 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. 7 ) is GRANTED. Petitioner now has up to, and including, May 3, 2026, to file an amended petition for a writ of habeas corpus. (Copies have been distributed pursuant to the NEF - CMB) (Entered: 04/24/2026)

Apr 24, 2026

Minute Order AND Order on Motion to Extend/Shorten Time

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May 04, 2026

Petition Writ of Habeas Corpus Amended

#10

May 08, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 5/8/2026. The Court has reviewed the counseled 9 Amended Petition and preliminary finds that Petitioner can likely demonstrate that he is a member of the certified class ("Class Member") in Jacobo Ramirez v.Noem,--- F.Supp.3d ---, 2026 WL 310090 (D. Nev. Feb. 5, 2026). Additionally, the Court preliminary finds his circumstances may warrant the same relief as the petitioner in Doroteo-Chavez v. Noem, No. 2:26-CV-00049-RFB-DJA, 2026 WL 1031190 (D. Nev. Apr. 16, 2026).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 May 13, 2026. See id. Petitioner shall file a traverse on or before May 18, 2026.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 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 in Jacobo-Ramirez v. Mullin, No. 25-cv-02136-RFB-MDC (D. Nev.). If Respondents contend there are other legal bases for Petitioners ongoing detention, or other reasons why the relief requested in the Petition should not be granted to Petitioner, Federal Respondents must so indicate in their Return. Additionally, the Court finds Petitioner presents a prima facie case for relief and that ordering Respondents to produce documents reflecting the basis for their detention of Petitionersis 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 aprima faciecase 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); cf. also Rule 6(b), Rules Governing Section 2254 Cases in the United States District Courts (empowering a court to authorize discovery in habeas corpus proceedings for "good cause"); id. at Rule 1(b) (enabling a court to apply these rules to petitions brought under 8 U.S.C. § 2241). IT IS THEREFORE ORDERED Federal Respondents must file any of the following documents relevant to the lawfulness of Petitioner's detention that are in their possession, custody, or control, with their Return: (1) I-220A Order of Release on Recognizance; (2) I-200 Warrant for Arrest of Alien; (3) Form I-286 Initial Custody Determination; (4) Form I-862 Notice to Appear; (5) Form I-213 Record of Deportable or Inadmissible Alien; (5) any immigration court orders and/or memorandum opinions in custody redetermination proceedings; (6) transcripts and/or audio recordings of any custody redetermination proceedings. If Federal Respondents do not file these records, the Court will infer that the records do not exist, unless Federal Respondents indicate otherwise.IT IS FURTHER ORDERED that the parties must refrain from including--or must partially redact, where inclusion is necessary--personal-data identifiers from all documents filed with the Court, unless the Court orders otherwise. See Local Rule IC 6-1; Federal Rule of Civil Procedure 5.2. Show Cause Return is due by 5/13/2026. Traverse is due by 5/18/2026. The Clerk of Court is kindly instructed to amend the docket and case caption to reflect the parties named in the 9 Amended Petition. (Copies have been distributed pursuant to the NEF - IML) (Entered: 05/08/2026)

May 08, 2026

Minute Order

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May 11, 2026

Order Reassign Judge

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May 18, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 5/18/2026. By Deputy Clerk: Karen Walker.Petitioner filed a first amended petition on May 4, 2026. (ECF No. 9 ("FAP").) The Court ordered Respondents to show cause why the FAP should not be granted by May 13, 2026. (ECF No. 10 .) To date, Respondents have not filed a response, a motion for an extension of time, or taken any action in this case before the Court. The Court now directs Respondents to show cause by noon on Thursday, May 21, 2026 explaining why they missed this Court-ordered deadline and why sanctions should not be issued.(no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 05/18/2026)

#13

May 18, 2026

Notice Appearance of Counsel

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May 18, 2026

Motion Extend/Shorten Time

May 18, 2026

Minute Order

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May 20, 2026

Order AND Order on Motion to Extend/Shorten Time

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May 21, 2026

Response

#17

May 21, 2026

Motion Dismiss