District of Nevada • 2:26-cv-01214

Perez v. Leyva

Active

Case Information

Filed: April 21, 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: April 29, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 20, 2026
RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: # 1 Petition for Writ Of Habeas Corpus) (JQC) (Entered: 04/21/2026)
Main Document: Receipt Initiating Documents
#2
Apr 21, 2026
NOTICE from USDC advising case against Jason Knight, et al., has been received and assigned case number 2:26-cv-01214-CDS-NJK. (JQC) (Entered: 04/21/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Apr 21, 2026
TRANSFER ORDER - Case randomly reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:26-cv-01214-RFB-NJK. IT IS FURTHER ORDERED the Clerk of Court is instructed to administratively RELATE this matter to Case No. 2:25-cv-02136-RFB-MDC. Signed by Judge Cristina D. Silva and Judge Richard F. Boulware, II on 4/21/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 04/22/2026)
Main Document: Order Reassign Judge
Apr 21, 2026
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (JQC)
Apr 21, 2026
Assign Judges in Civil Case
#4
Apr 22, 2026
ORDER APPOINTING COUNSEL AND ORDER TO SHOW CAUSE Petitioner Luis Antonio Molina Alberto, 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). He challenges the lawfulness of his ongoing detention at Nevada Southern Detention Center in the custody of Immigration and Customs Enforcement ("ICE"). He asserts he is a member of the certified class in Jacobo-Ramirez v. Mullin, No. 25-cv-02136-RFB-MDC (D. Nev.). Therefore, he may be entitled to relief pursuant to the Court's class-wide grant of partial summary judgment. See Jacobo-Ramirez v. Mullin, No. 2:25-cv-02136-RFB-MDC, ECF No. 96 (D. Nev. Mar. 30, 2026). 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 27, 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, alternative 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. Additionally, Petitioner has not paid the filing fee or applied to proceed in forma pauperis. See ECF No. 1 . Therefore, IT IS HEREBY ORDERED that Petitioner, with the assistance of counsel, must either pay the filing fee or submit an application to proceed in forma pauperis by April 30, 2026. Further, Respondents are ORDERED TO SHOW CAUSE why Petitioner is NOT a Class Member AND 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 April 27, 2026. See id. Petitioner may file a traverse on or before April 30, 2026. See Order for additional information. Signed by Judge Richard F. Boulware, II on 4/22/2026. Markwayne Mullin, Daren K. Margolin and Ruben Leyva added. Sirce Owen, Jason Knight and Kristi Noem terminated. (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: 04/22/2026)
Main Document: Order Appointing Counsel AND ~Util - Add and Terminate Parties
#5
Apr 24, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#6
Apr 27, 2026
Response
Main Document: Response
#7
Apr 27, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#8
Apr 27, 2026
Response
Main Document: Response
#9
Apr 28, 2026
Motion Dismiss
Main Document: Motion Dismiss
Apr 29, 2026
Minute Order AND Order on Motion to Dismiss

Parties

Leyva
Party
Perez
Party