District of Nevada • 2:25-cv-02286

Nov 17, 2025

Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Brenda Weksler. (AMMi)

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Nov 18, 2025

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Merven Tooy.. (Attachments: # 1 Petition for WHC (2241), # 2 Motion for Counsel, # 3 Certificate of Service)(DRM) (Entered: 11/18/2025)

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Nov 18, 2025

NOTICE from USDC advising case against United States of America, et al., has been received and assigned case number 2:25-cv-02286-CDS-BNW. (DRM) (Entered: 11/18/2025)

Nov 18, 2025

Assign Judges in Civil Case

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Nov 26, 2025

Order AND Order on Motion/Application to Proceed In Forma Pauperis

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Nov 26, 2025

Petition Writ of Habeas Corpus

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Dec 01, 2025

Notice Appearance of Counsel

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Dec 02, 2025

USM Return

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Dec 02, 2025

Notice Appearance of Counsel

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Dec 02, 2025

Notice Appearance of Counsel

Dec 02, 2025

Attorney update in case: Attorney Rene Valladares withdrawn from the case. (Kirshbaum, Jonathan)

Dec 02, 2025

Withdraw Counsel

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Dec 08, 2025

Notice Appearance of Counsel

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Dec 09, 2025

Motion Extend/Shorten Time

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Dec 10, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/10/2025. In this habeas matter, the respondents move for an eight-day extension of time to file a response to Merven Tooy's petition for writ of habeas corpus. ECF No. 10 . Tooy does not oppose. Id. at 2. Based on counsel's representations, I find good cause to allow the extension. It is therefore ordered that the respondents' motion (ECF No. 10 ) is granted, nunc pro tunc to the date of the request. The deadline for the respondents to file a response is extended to December 17, 2025.(no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 12/10/2025)

Dec 10, 2025

Minute Order AND Order on Motion to Extend/Shorten Time

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Dec 17, 2025

Motion Extend/Shorten Time

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Dec 18, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/18/2025. The respondents' second motion to extend time requests a two-day extension to file a response to Merven Tooy's petition for writ of habeas corpus. ECF No. 12 . The respondents seek this extension because they are waiting for essential information needed to complete their response and counsel's competing deadlines make it impossible to respond by the current due date. Id. Although I find that counsel's heavy caseload does not constitute good cause, I nonetheless allow this brief extension of time. It is therefore ordered that the respondents' second motion to extend time (ECF No. 12 ) is granted, nunc pro tunc to the date of the request. The respondents must file a response on December 19, 2025.(no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 12/18/2025)

Dec 18, 2025

Minute Order AND Order on Motion to Extend/Shorten Time

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Dec 19, 2025

Motion Extend/Shorten Time

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Dec 22, 2025

Response

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Dec 22, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/22/2025. In the respondents' third motion to extend time, they request an eleven-day extension to file a response to Merven Tooy's petition for writ of habeas corpus. ECF No. 14 . The respondents assert there is good cause for a third extension because the requested extension is modest, sought before the deadline, and necessary to accommodate approved leave and the temporary reassignment of counsel. Id. at 3. Tooy opposes the extension, arguing that the respondents "have not shown good cause or diligence to justify a third extension for eleven additional days." ECF No. 15 . I agree. Title 28, United States Code, Section 2241 requires that petitions for writ of habeas corpus be promptly addressed. The court has already granted two extensions. Any further extension, especially for eleven days, would undermine the requirement that petitions be promptly addresses. As a result, the respondents' third motion to extend time (ECF No. 14 ) is denied. Their response must be filed on December 23, 2025. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 12/22/2025)

Dec 22, 2025

Minute Order AND Order on Motion to Extend/Shorten Time

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Dec 23, 2025

Response

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Dec 23, 2025

Joinder

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Dec 29, 2025

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/29/2025. The respondents filed their responses to Merven Tooy's petition for writ of habeas corpus. ECF Nos. 17, 18 . To aid the court in the resolution of this petition, the parties are ordered to appear for a hearing on January 8, 2026, at 10:00 a.m. in LV Courtroom 6B.(no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 12/29/2025)

Dec 29, 2025

Minute Order Setting Hearing

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Dec 30, 2025

Motion Leave to Appear Telephonically

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Dec 30, 2025

Reply

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Dec 30, 2025

Exhibit

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Jan 05, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 1/5/2026. Respondent John Mattos's counsel seeks permission to appear virtually for the January 8th hearing. ECF No. 20 . Counsel submits that a remote appearance would conserve resources and not hinder arguments because Mattos has no independent authority to release the petitioner. Id. Finding good cause, the motion is approved. Counsel is advised to contact the courtroom administrator for the Zoom link information. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 01/05/2026)

Jan 05, 2026

Minute Order AND Order on Motion for Leave to Appear

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Jan 06, 2026

Motion Leave to File Document/Excess Pages

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Jan 07, 2026

Order AND Order on Motion for Leave to File Excess Pages

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Jan 07, 2026

Reply

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Jan 08, 2026

MINUTES OF PROCEEDINGS - Motion Hearing held on 1/8/2026 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Jonathan Kirshbaum; Def Counsel: Christian Ruiz and Ashlee Hesman; Court Reporter: Samantha McNett; Time of Hearing: 10:06 a.m. - 10:24 a.m.; Courtroom: 6B; The Court made preliminary remarks and heard the arguments of counsel regarding petition for writ of habeas corpus ECF No. 4 . As stated on the record, the Court grants relief as to the first claim in the petition. The Court is declining to reach a conclusion on the other claims in the petition and denying his alternative requested relief for injunctive as moot.The Court orders petitioner released in the next 24 hours under his prior order of supervision, previously entered by the immigration judge. Further, immigration court is to send petitioner a notice to appear in immigration court for what is going to happen with his removal order.The Court will issue a written order. Respondents are to advise the Court by status report when the petitioner is release and when the hearing is set for immigration court. Status is due no later than January 22, 2026.(no image attached) (Copies have been distributed pursuant to the NEF - DXS) (Entered: 01/08/2026)

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Jan 08, 2026

Motion Reconsider

Jan 08, 2026

Motion Hearing

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Jan 09, 2026

Order

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Jan 10, 2026

Order

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Jan 12, 2026

Response

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Jan 13, 2026

MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 1/13/2026. The respondents filed an emergency motion for reconsideration and to stay the order granting the petitioner's writ of habeas corpus. ECF No. 28 . I granted a temporary stay until January 13, 2026, and ordered the petitioner to file a response. ECF No. 29 . Having received the unredacted itinerary and the petitioner's response (ECF No. 31 ), I hereby extend the stay until Friday, January 16, 2026, and order the parties to appear for a hearing on the respondents' motion for reconsideration at 10:00 a.m. in LV Courtroom 6B on the same day. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) (Entered: 01/13/2026)

Jan 13, 2026

Minute Order Setting Hearing on Motion

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Jan 15, 2026

UNSEALED on 1/21/26 per 34 Order. SEALED MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 1/15/2026. Ex Parte Hearing is set for 1/15/2026 at 01:30 PM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) Modified on 1/22/2026. (RJDG) (Entered: 01/15/2026)

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Jan 15, 2026

MINUTES OF PROCEEDINGS - Status hearing held on 1/15/2026 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Def Counsel: Christian Ruiz; Court Reporter: Samantha McNett; Time of Hearing: 1:35 p.m. - 1:42 p.m.; Courtroom: 6B; The Court makes preliminary remarks and hears representations from government counsel. Hearing is concluded at 1:42 p.m. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) (Entered: 01/22/2026)

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Jan 16, 2026

MINUTES OF PROCEEDINGS - Status Conference held on 1/16/2026 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Petitioner(s): Jonathan Kirshbaum and Shelly Richter; Respondent(s): Christian Ruiz and Ashlee Hesman; Court Reporter: Samantha McNett; Time of Hearing: 10:14 a.m. - 10:20 a.m.; Courtroom: 6B; Parties are present. The Court makes preliminary remarks and hears representations from counsel. The Court orders ex-parte hearing from 1/15/2026 unsealed. The Court grants respondents' emergency motion for reconsideration ECF No. 28 . Further, the Court denies petition 4 and closes this case administratively. Order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) (Entered: 01/22/2026)

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Jan 22, 2026

Order Dismissing Case AND Order on Motion to Reconsider

Jan 22, 2026

Status Conference