District of Nevada • 2:26-cv-01205
Garcia v. Chief Counsel for the District of Nevada DHS ICE
Active
Case Information
Filed: April 21, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Brenda Weksler
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 19, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 20, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Mauricio Quijay Garcia.. (Attachments: # 1 Petition for Writ Of Habeas Corpus)(JQC) (Entered: 04/21/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#2
Apr 21, 2026
NOTICE from USDC advising case against Chief Counsel for the District of Nevada D.H.S. ICE, et al., has been received and assigned case number 2:26-cv-01205-RFB-BNW. (JQC) (Entered: 04/21/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
Apr 21, 2026
ORDER APPOINTING COUNSEL Petitioner Mauricio Quijay Garcia, an immigration detainee, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 -1) [hereinafter, "Petition"], and motion for leave to proceed in forma pauperis on an Executive Office for Immigration Review fee waiver form (ECF No. 1 ) [hereinafter, "EOIR IFP Application"]. He challenges the lawfulness of his ongoing detention at Nevada Southern Detention Center in the custody of Immigration and Customs Enforcement ("ICE"). Initially, the Court finds that the appointment of counsel is in the interest of justice, as this case necessarily implicates a complex web of detention authority developed specifically for noncitizens. See Torres v. Barr, 976 F.3d 918, 924 (9th Cir. 2020) (describing the Immigration and Nationality Act as: a "morass;" a "Gordian knot;" and "King Minos's labyrinth in ancient Crete") (citations omitted). Accordingly, IT IS HEREBY ORDERED the Federal Public Defender for the District of Nevada ("FPD") is APPOINTED to represent Petitioner and is directed to file a notice of appearance by April 24, 2026. Alternatively, the FPD may notify the Court that it is unable to represent Petitioner. If the FPD is unable to represent Petitioner based on a conflict of interest, or for any other reason, alternate counsel will be appointed. Appointed counsel will represent Petitioner in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless appointed counsel is allowed to withdraw. Based on the foregoing, IT IS FURTHER ORDERED that the Clerk of the Court will send a copy of this Order to the FPD and the CJA coordinator for this division. IT IS FURTHER ORDERED Petitioner's (ECF No. 1 ) EOIR IFP Application is DEFERRED, because the application is not on this Court's approved form. Petitioner shall address the matter of the filing fee with the assistance of appointed counsel by May 1, 2026. IT IS FURTHER ORDERED Petitioner shall, with the assistance of counsel, file an amended petition for a writ of habeas corpus by May 1, 2026. The Court will screen the amended petition and issue a scheduling order upon receipt. See Order for additional information. Signed by Judge Richard F. Boulware, II on 4/21/2026. (Copies have been distributed pursuant to the NEF. A copy of the Petition (ECF No. 1 -1) and this Order distributed as instructed. - RJDG) (Entered: 04/21/2026)
Main Document:
Order Appointing Counsel AND Order on Motion/Application to Proceed In Forma Pauperis
Apr 21, 2026
Assign Judges in Civil Case
Apr 21, 2026
Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. Nature of Suit: 463 - Habeas Immigration (JQC)
#4
Apr 24, 2026
Notice Appearance of Counsel
Main Document:
Notice Appearance of Counsel
#5
Apr 30, 2026
Motion Extend/Shorten Time
Main Document:
Motion Extend/Shorten Time
May 04, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#7
May 08, 2026
Petition Writ of Habeas Corpus Amended
Main Document:
Petition Writ of Habeas Corpus Amended
May 11, 2026
Minute Order
#9
May 15, 2026
Notice Appearance of Counsel
Main Document:
Notice Appearance of Counsel
#10
May 15, 2026
Response
Main Document:
Response
#11
May 15, 2026
Response
Main Document:
Response
#12
May 19, 2026
Traverse
Main Document:
Traverse
Parties
Chief Counsel for the District of Nevada DHS ICE
Party
Garcia
Party