District of Nevada • 2:26-cv-01221

Yanes-Quijada v. Mattos

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: May 12, 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) (HAM) (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-01221-JAD-NJK. (HAM) (Entered: 04/21/2026)
Main Document: Advisory Letter Habeas only - FORM
#3
Apr 21, 2026
TRANSFER ORDER. IT IS ORDERED that the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-01221-JAD-NJK 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 2:26-cv-01221-RFB-NJK. Signed by Judge Jennifer A. Dorsey and Judge Richard F. Boulware, II on 4/21/2026. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 04/21/2026)
Main Document: Order Reassign Judge
#4
Apr 21, 2026
ORDER TO SHOW CAUSE - 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. 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. (Sent/Ad hoc on 4/21/2026). 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 29, 2026. Respondents are ORDERED TO SHOW CAUSE why Petitioner is NOT a Class Member AND why the Writ should not be granted. Show Cause Response is due by 4/24/2026. 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. (See Order for details). IT IS FURTHER ORDERED that Respondents shall not remove Petitioner from this judicial district, absent leave of this Court. (See Order for details). IT IS FURTHER ORDERED Local Rules 7-2, 7-3, and 7-4 will govern the requirements and scheduling of all other motions filed by either party. IT IS FURTHER ORDERED the Parties shall file all documents and exhibits in accordance with Local Rules LR IA 10-1 through 10-5. 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 Order for details). IT IS FURTHER ORDERED the Parties must meet and confer regarding any requests for an extension of deadlines and stipulate to the extension if possible. IT IS FURTHER ORDERED that the Clerk of Court is kindly instructed to: 1. ADD the United States Attorney for the District of Nevada to the docket as an Interested Party. 2. SEND, through CM/ECF, a copy of the Petition (ECF No. 1 -1) and this Order to Counsel for Respondent John Mattos at ahesman@strucklove.com. (Sent/Ad hoc on 4/21/2026) 3. MAIL a copy of the Petition (ECF No. 1 -1) and this Order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to Respondent John Mattos at Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump, NV 89060. (Mailed on 4/21/2026) IT IS FURTHER ORDERED the Clerk of Court update the docket to reflect the following substitutions of Defendants: (1) Secretary of Homeland Security Markwayne Mullin is substituted for currently named Respondent Kristi Noem; (2) Daren K. Margolin, Director of the Executive Office for Immigration Review, is substituted for Sirce Owen; (3) Ruben Leyva, Acting Field Office Director of the Salt Lake City Field Office of ICE Enforcement and Removal Operations, is substituted for Jason Knight. Signed by Judge Richard F. Boulware, II on 4/21/2026. (Copies have been distributed pursuant to the NEF - GA) (Entered: 04/21/2026)
Main Document: Order AND Order Show Cause
Apr 21, 2026
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Nancy J. Koppe. Nature of Suit: 463 - Habeas Immigration (HAM)
Apr 21, 2026
Assign Judges in Civil Case
#5
Apr 24, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#6
Apr 24, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#7
Apr 24, 2026
Response
Main Document: Response
#8
Apr 29, 2026
Motion Extend/Shorten Time
Main Document: Motion Extend/Shorten Time
#9
May 04, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 5/4/2026.Federal Respondents are in violation of this Court's 4 Order to Show Cause ("OSC"). First, they failed to file a "return certifying the true cause of detention" pursuant to 28 U.S.C. § 2243 by 4/24/2026 as ordered. See ECF No. 4 at 2. Federal Respondents' 7 Response to the OSC simply asserts that Petitioner is not a Jacobo-Ramirez Class Member but otherwise identifies no basis for Petitioner's ongoing detention. See generally ECF No. 7. The Response seems to indicate that Petitioner is not currently in removal proceedings, which suggests Federal Respondents' have no colorable argument that Petitioner's detention is legally authorized.Further, the Response fails to attach the following records, or certify that they are not in Federal Respondents' possession, custody, or control, as ordered in the 4 OSC: "(1) I-200 Warrant for Arrest of Alien; (2) Form I-286 Initial Custody Determination; (3) Form I-862 Notice to Appear; (4) Form I-213 Record of Deportable or Inadmissible Alien; (5) all immigration court orders in Petitioners removal proceedings; (6) documents reflecting any appeal of any immigration court orders by Department of Homeland Security or Petitioner; (7) transcripts and/or audio recordings of any custody redetermination proceedings." See ECF No. 4 at 2-3. Federal Respondents must IMMEDIATELY provide these documents to Petitioner's counsel. They are admonished to carefully read and comply with this Court's Orders and seek an extension, if necessary, to search for and collect the relevant records. Petitioner's counsel should not have to ask counsel for Federal Respondents to provide documents that the Court has already ordered be produced and filed. Federal Respondents have wasted this Court's time and resources by requiring it to repeat its ignored 4 OSC.Federal Respondents' failure to comply with this Court's 4 OSC has unjustifiably delayed these habeas proceedings. As a result, Petitioner is "burdened by the impossible task of imagining and refuting causes" for his arrest and detention by ICE. Carlson v. Landon, 186 F.2d 183, 188 (9th Cir. 1950). Petitioner's counsel requires additional time to file a traverse or amended petition due to Federal Respondents' delay.Therefore, IT IS HEREBY ORDERED that the 8 Motion to Extend Time is GRANTED nunc pro tunc. Petitioner has until 5/4/2026 to file his Traverse or Amended Petition. (Copies have been distributed pursuant to the NEF - IML) (Entered: 05/04/2026)
#10
May 04, 2026
MOTION for Leave to File Document by Petitioner Yanes Quijada Juan. Responses are due by 5/18/2026. (Attachments: # 1 First Amended 28 U.S.C. § 2241 Petition)(Recker, Kelly) (pleading) (Entered: 05/04/2026)
Main Document: Motion Leave to File Document/Excess Pages
#11
May 04, 2026
MOTION for Temporary Restraining Order by Petitioner Yanes Quijada Juan. Responses are due by 5/18/2026. (Recker, Kelly) (Entered: 05/04/2026)
Main Document: Motion Temporary Restraining Order
#14
May 04, 2026
RECEIPT of Payment: $5.00, receipt number 2-19714. CLERK'S NOTE: The filing fee has been PAID IN FULL. Any pending IFPs have been terminated. (DLS) (Entered: 05/05/2026)
Main Document: Receipt Payment
May 04, 2026
Minute Order AND Order on Motion to Extend/Shorten Time
#12
May 05, 2026
ORDER GRANTING LEAVE TO FILE AMENDED PETITION AND ORDER TO SHOW CAUSE Good cause being found, IT IS HEREBY ORDERED Petitioner's Motion to Amend Petition for Writ of Habeas Corpus is GRANTED. See Mayle v. Felix, 545 U.S. 644, 654 (2005) (citations omitted) (clarifying that Federal Rule of Civil Procedure 15 may be applied to habeas proceedings); see also Fed. R. Civ. P. 15(a)(2) (allowing parties to amend pleadings with leave of court). The First Amended Petition (hereinafter "Petition") will serve as the operative petition in this case moving forward. Based on its preliminary review of the Petition, IT IS FURTHER ORDERED Respondents are ORDERED TO SHOW CAUSE why a writ of habeas corpus should not be granted. See 28 U.S.C. § 2243 ("A court... entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing [respondents] to show cause why the writ should not be granted [unless it is clearly frivolous]."). Respondents must file "a return certifying the true cause of detention" on or before May 8, 2026. See id. Petitioner may file a traverse on or before May 12, 2026. The Court has also reviewed the (ECF No. 11 ) Motion for TRO and finds expedited consideration is warranted. Therefore, IT IS HEREBY ORDERED that Federal Respondents must SHOW CAUSE why this Court should not order Petitioner's IMMEDIATE RELEASE from detention pending adjudication of the First Amended Petition, as requested in the Motion for TRO. Federal Respondents shall file their response on or before May 6, 2026. See Order for additional information. Signed by Judge Richard F. Boulware, II on 5/5/2026. (Copies have been distributed pursuant to the NEF. A copy of the Amended Petition (ECF No. 1 ), Motion (ECF No. 11 ), and this Order distributed as instructed. - RJDG) (Entered: 05/05/2026)
Main Document: Order Appointing Counsel AND Order on Motion for Leave to File Excess Pages AND ~Util - Set/Reset Deadlines & Hearings (non motion deadlines)
#13
May 05, 2026
FIRST AMENDED PETITION for Writ of Habeas Corpus by Juan Yanes-Quijada. Adds and removes parties. (Filed per 12 Order. RJDG) (Entered: 05/05/2026)
Main Document: Petition Writ of Habeas Corpus Amended
#15
May 06, 2026
Response
Main Document: Response
#16
May 07, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 5/7/2026.Pending before the Court is Petitioner's 11 Motion for Temporary Restraining Order ("TRO"), which requests this Court to order his immediate release from detention, pending adjudication of the 13 First Amended Petition. In their 15 Response to the Motion for TRO, Federal Respondents state they "currently have no evidence based on the records why this Court should not release this Petitioner pending adjudication of this First Amended Petition."On April 21, 2026, this Court' ordered Respondents to file a return certifying the true cause of Petitioner's detention pursuant to 28 U.S.C. § 2243. To date, Federal Respondents have not identified any lawful authority for Petitioner's ongoing detention. Now, they indicate they cannot identify any reason why Petitioner should not be immediately released from custody, yet he remains detained.The Court finds the 11 Motion for TRO is unopposed and GRANTS it on that basis. See LR 7-2(d). Therefore, IT IS HEREBY ORDERED that Respondents must IMMEDIATELY RELEASE Petitioner from custody. He will remain at liberty pending the Court's resolution of the 13 Amended Petition. The Court is ordering Petitioner's immediate release given the egregious nature of his unjustified detention. IT IS THEREFORE ORDERED that Petitioner must be released by no later than 9:00 P.M. TONIGHT. IT IS FURTHER ORDERED counsel for Federal Respondents must NOTIFY counsel for Petitioner of the time and location where he will be released AT LEAST one hour in advance. Federal Respondents must RETURN to Petitioner any personal property upon Petitioner's release.It is a dark day in our constitutional democracy when the United States government can identify no basis for a human being's ongoing imprisonment in response to a habeas petition but nevertheless continues to detain them. As the Framers foresaw in enshrining the writ of habeas corpus, "the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny." Boumediene v. Bush, 553 U.S. 723, 744 (2008) (quoting The Federalist No. 84). (Copies have been distributed pursuant to the NEF - IML) (Entered: 05/07/2026)
May 07, 2026
Minute Order AND Order on Motion for Temporary Restraining Order
#17
May 12, 2026
Traverse
Main Document: Traverse

Parties

Juan
Party
Knight
Party