District of Nevada • 2:26-cv-01212
Hernandez v. Chief Counsel for the District of Nevada DHS ICE
Active
Case Information
Filed: April 21, 2026
Assigned to:
Andrew Patrick Gordon
Referred to:
Elayna J. Youchah
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 22, 2026
Parties:
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Docket Entries
#1
Apr 20, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Elmer Hernandez.. (Attachments: # 1 Petition for Writ of Habeas Corpus)(HAM) (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, et al., et al., has been received and assigned case number 2:26-cv-01212-APG-EJY. (HAM) (Entered: 04/21/2026)
Main Document:
Advisory Letter Habeas only - FORM
Apr 21, 2026
Assign Judges in Civil Case
Apr 21, 2026
Case randomly assigned to Chief Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. Nature of Suit: 463 - Habeas Immigration (HAM)
#3
Apr 22, 2026
ORDER APPOINTING COUNSEL AND DEFERRING CONSIDERATION OF 28 U.S.C. § 2241 PETITION. IT IS ORDERED that the 1 motion to proceed IFP is granted. IT IS FURTHER ORDERED that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent Petitioner and is directed to file a notice of appearance (or indicate its inability to represent Petitioner) within 7 days of the date of this Order. IT IS FURTHER ORDERED that the Clerk of Court: 1. FILE the 1 -1 petition. The 1 -1 petition is deferred. 2. ADD the USAO to the docket as an Interested Party. Pursuant to 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. The USAO is not required to file a response to the petition at this time. 3. SEND a copy of the 1 -1 petition and this Order to the FPD at ecf_nvchu@fd.org, Petitioner, and the CJA Coordinator for this division. 4. ADD John Mattos, Warden, Nevada Southern Detention Center to the docket as an Interested Party. 5. MAIL a copy of the 1 -1 petition and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to John Mattos, Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 6. SEND a copy of the 1 -1 petition and this Order to Ashley Hesman (Mattos's counsel) at ahesman@strucklove.com. IT IS FURTHER ORDERED that the respondents shall not transfer Petitioner out of this District, with the exception of effectuating his lawful deportation, until further order of the Court. See order for further details. Signed by Chief Judge Andrew P. Gordon on 4/22/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 04/22/2026)
Main Document:
Order AND Order on Motion/Application to Proceed In Forma Pauperis
#4
Apr 22, 2026
PETITION for Writ of Habeas Corpus by Elmer Hernandez. Deferred on 4/22/26 per 3 Order. (AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 04/22/2026)
Main Document:
Petition Writ of Habeas Corpus
#5
Apr 29, 2026
Notice Appearance of Counsel
Main Document:
Notice Appearance of Counsel
#6
May 06, 2026
Mail Returned
Main Document:
Mail Returned
#7
May 13, 2026
Notice Other
Main Document:
Notice Other
#8
May 14, 2026
Order
Main Document:
Order
#9
May 20, 2026
Notice Appearance of Counsel
Main Document:
Notice Appearance of Counsel
#10
May 20, 2026
Status Report
Main Document:
Status Report
#11
May 22, 2026
Order Dismissing Case
Main Document:
Order Dismissing Case
Parties
Chief Counsel for the District of Nevada DHS ICE
Party
Hernandez
Party