District of Nevada • 2:26-cv-01559
Jose Alfredo Valencia Asuncion v. Todd Blanche
Active
Case Information
Filed: May 21, 2026
Assigned to:
Richard Franklin Boulware II
Referred to:
Daniel J. Albregts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
July 09, 2026
Parties:
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Docket Entries
#1
May 22, 2026
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jose Alfredo Valenci Asuncion.. (Attachments: # 1 Petition WHC, # 2 Motion appoint Counsel)(WJ) (Entered: 05/22/2026)
Main Document:
Motion/Application Leave to Proceed In Forma Pauperis
#2
May 22, 2026
NOTICE from USDC advising case against Todd Blanche, et al., has been received and assigned case number 2:26-cv-01559-GMN-DJA. (WJ) (Entered: 05/22/2026)
Main Document:
Advisory Letter Habeas only - FORM
#3
May 22, 2026
TRANSFER ORDER. IT IS HEREBY ORDERED the Clerk of Court is kindly instructed to transfer Case No. 2:26-cv-01559-GMN-DJA to Judge Richard F. Boulware, II. IT IS FURTHER ORDERED the Clerk of Court is instructed to administrativelyRELATE this matter to Case No. 2:25-cv-02136-RFB-MDC.All further documents must bear the correct case number 2:26-cv-01559-RFB-DJA. Signed by Judge Gloria M. Navarro and Judge Richard F. Boulware on 5/22/2026. (Copies have been distributed pursuant to the NEF - ALZ) Modified on 5/22/2026 to edit text (ALZ). (Entered: 05/22/2026)
Main Document:
Order Reassign Judge
#4
May 22, 2026
ORDER. IT IS ORDERED that the Petitioner's 1 Application to Proceed in Forma Pauperis is GRANTED. IT IS FURTHER ORDERED that Petitioner's 1 -2 Motion for Appointment of Counsel is GRANTED. The Federal Public Defender for the United States District of Nevada ("FPD") is APPOINTED to represent Petitioner. The Clerk of 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. The Clerk is further instructed to SEND a copy of this Order to the FPD and CJA Coordinator for this division. IT IS FURTHER ORDERED that the FPD must FILE a notice of appearance, or ADVISE the Court that it cannot represent Petitioner, by May 27, 2026. IT IS FURTHER ORDERED that, on or before May 29, 2026, Federal Respondents must file a notice which indicates whether they contend Petitioner is, or is not, a Jacobo-Ramirez Class Member. IT IS FURTHER ORDERED that, on or before June 5, 2026, Petitioner must file an amended petition for a writ of habeas corpus unless the FPD declines to represent Petitioner. IT IS FURTHER ORDERED that Respondents shall not remove Petitioner from the United States District of Nevada, absent leave of Court. 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. Pursuant to the 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. 2. SEND, through CM/ECF, a copy of the 1 -1 Petition, and this Order, to Counsel for Respondent John Mattos at ahesman@strucklove.com. 3. 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 at Nevada Southern Detention Center, 2190 E. Mesquite Ave., Pahrump, NV 89060. 4. UPDATE the docket to reflect Petitioner's actual name: Jose Alfredo Valencia Asuncion. See order for further details. Signed by Judge Richard F. Boulware, II on 5/22/2026. (Copies have been distributed pursuant to the NEF - AMMi - cc: Petitioner, Mattos, CJA Coordinator) (Entered: 05/22/2026)
May 22, 2026
Assign Judges in Civil Case
May 22, 2026
Case randomly assigned to District Judge Gloria M. Navarro and Magistrate Judge Daniel J. Albregts. Nature of Suit: 463 - Habeas Immigration (WJ)
#5
May 27, 2026
Notice Appearance of Counsel
Main Document:
Notice Appearance of Counsel
#6
May 29, 2026
Notice Appearance of Counsel
Main Document:
Notice Appearance of Counsel
#7
May 29, 2026
Notice Other
Main Document:
Notice Other
#8
Jun 05, 2026
Petition Writ of Habeas Corpus Amended
Main Document:
Petition Writ of Habeas Corpus Amended
#9
Jun 07, 2026
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/7/2026.Before the Court is Mr. Valencia Asuncion's First Amended Petition for Writ of Habeas Corpus (ECF No. 8 ). The Court has reviewed the Petition, as well as Respondents' Notice Regarding Class Membership (ECF No. 7 ), and preliminarily finds that Mr. Valencia Asuncion may be entitled to habeas relief under the Immigration and Nationality Act, the Due Process Clause of the Fifth Amendment, and Jacobo Ramirez v. Mullin, No. 2:25-cv-02136-RFB-BNW, 2026 WL 879799 (D. Nev. Mar. 30, 2026).Therefore, Respondents are ORDERED TO SHOW CAUSE for Petitioner's detention. See 28 U.S.C.§ 2243. Specifically, Respondents must file a "return certifying the true cause of detention" on or before June 10, 2026. In doing so, Respondents should not re-argue their faulty interpretation of 8 U.S.C. § 1225(b)(2)(A), as this issue has already been litigated, and decided, by this Court. See generally Jacobo Ramirez, 2026 WL 879799 (D. Nev. Mar. 30, 2026). With that being said, Respondents may reference their prior briefing on this issue for appellate purposes. Finally, if Respondents intend to rely on a separate source of detention authority, they must identify it in their return.IT IS FURTHER ORDERED Petitioner has up to, and including, June 15, 2026, to reply.Finally, IT IS FURTHER ORDERED the Court's prior orders regarding briefing, document production, transfer, etc. remain in full effect. See generally Order Appointing Counsel, ECF No. 4 .(Copies have been distributed pursuant to the NEF - DLQ) (Entered: 06/07/2026)
Jun 07, 2026
Minute Order
#10
Jun 10, 2026
Notice Other
Main Document:
Notice Other
#11
Jun 10, 2026
Response
Main Document:
Response
#12
Jun 15, 2026
Reply
Main Document:
Reply
Jul 01, 2026
Minute Order Setting Hearing
#14
Jul 06, 2026
Motion Miscellaneous Relief
Main Document:
Motion Miscellaneous Relief
#15
Jul 07, 2026
Notice Other
Main Document:
Notice Other
#17
Jul 09, 2026
Order AND ~Util - Terminate Case
#18
Jul 09, 2026
Judgment
Main Document:
Judgment
Jul 09, 2026
Miscellaneous Hearing AND Order on Motion for Miscellaneous Relief
Parties
Asuncion
Party
DHS
Party