District of Nevada • 2:26-cv-01373

Portillo v. Blanche

Active

Case Information

Filed: May 05, 2026
Assigned to: Richard Franklin Boulware II
Referred to: Maximiliano D. Couvillier III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 26, 2026
Parties: View All Parties →

Docket Entries

#1
May 01, 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: 05/05/2026)
Main Document: Receipt Initiating Documents
#2
May 05, 2026
NOTICE from USDC advising case against Blanche, et al., has been received and assigned case number 2:26-cv-01373-RFB-MDC. (HAM) (Entered: 05/05/2026)
Main Document: Advisory Letter Habeas only - FORM
May 05, 2026
Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Maximiliano D. Couvillier, III. Nature of Suit: 463 - Habeas Immigration (HAM)
May 05, 2026
Assign Judges in Civil Case
#3
May 06, 2026
ORDER APPOINTING COUNSEL Therefore, IT IS HEREBY ORDERED the Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. The Clerk of the Court is kindly instructed to ADD the FPD to the docket as an "Attorney to be Noticed" using the following email address: ecf_nvchu@fd.org and SEND a copy of this Order to the FPD and CJA Coordinator for this division. IT IS FURTHER ORDERED the FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by May 8, 2026. 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. Additionally, Petitioner has not paid the filing fee or properly 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 May 20, 2026. The Clerk of Court is kindly instructed to attach a copy of this Court standard application to proceed in forma pauperis to this Order. Additionally, the Court finds Petitioner has established a prima facie case for relief and that ordering Respondents to produce documents reflecting the basis for their detention of Petitioner is 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 a prima facie case 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). Indeed, it is "the inescapable obligation of the courts" to vindicate their "habeas corpus jurisdiction" by fashioning "methods for securing facts where necessary." Harris, 394 U.S. at 299. In short, "the power of inquiry on federal habeas corpus is plenary." Id. at 292 (citing Townsend v. Sain, 372 U.S. 293, 321 (1963)). Since Petitioner is presently detained, and lacks the ability to adequately develop their claim(s) in the absence of records that are in Respondents' custody and control, the Court finds limited discovery is necessary to properly dispose of this matter. Cf. id. at 291 ("And this Court has emphasized... the fact that the petitioner, being in custody, is usually handicapped in developing the evidence needed to support in necessary detail the facts alleged in [their] petition[.]"). See Order for additional information. Signed by Judge Richard F. Boulware, II on 5/6/2026. Attorney designation deadline: 5/8/2026. Notice of Compliance is due by 5/12/2026. Amended Petition is due by 5/18/2026. IFP or payment of filing fee is due by 5/20/2026. (Attachments: # 1 Information for Filing an Application to Proceed In Forma Pauperis by an Inmate Under 28 U.S.C. § 1915) (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: 05/06/2026)
Main Document: Order Appointing Counsel
#4
May 08, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#5
May 12, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#6
May 12, 2026
Notice Other
Main Document: Notice Other
#7
May 14, 2026
Notice Appearance of Counsel
Main Document: Notice Appearance of Counsel
#8
May 18, 2026
Motion/Application Leave to Proceed In Forma Pauperis
Main Document: Motion/Application Leave to Proceed In Forma Pauperis
#9
May 18, 2026
Petition Writ of Habeas Corpus Amended
Main Document: Petition Writ of Habeas Corpus Amended
May 18, 2026
Minute Order AND Order on Motion/Application to Proceed In Forma Pauperis
#11
May 26, 2026
Notice Other
Main Document: Notice Other

Parties

Blanche
Party
Portillo
Party